By Lewis Houston. Last Updated 10th August 2023. Are you looking to find out about possible amounts of compensation for a minor brain injury? Perhaps you have been involved in a workplace accident or a car accident that wasn’t your fault and you are unsure of what to do next? Our guide is here to help you.
Minor brain injury compensation guide
In this article, we go into further detail about the claims process, what you could do if you sustain a minor brain injury, and what a No Win No Fee agreement is. However, if you need more advice on how much minor brain injury compensation you could receive, our advisors are available 24/7 to give you free legal advice. To find out more, why not get in touch? You can do so by:
- Calling us on 0800 408 7825
- Using the live chat feature as seen at the bottom right of this page
- Contacting us directly through this website
Select A Section
- A Guide To Minor Brain Injury Compensation Claims
- Types Of Minor Brain Injuries
- The Effects Of Minor Brain Injuries
- What Should I Do If I Had a Minor Brain Injury?
- What Could Affect The Value Of Your Minor Brain Injury Compensation Payout?
- Examples of Brain Injury Claim Amounts
- Start A No Win No Fee Minor Brain Injury Compensation Claim
- Related Head And Brain Injury Claims
A Guide To Minor Brain Injury Compensation Claims
Minor brain injury can happen as a result of trauma to the head. This can happen because of a slip and trip accident, a large object falling on you from a height, or as a result of a road traffic accident, for example.
To be able to successfully gain compensation for a minor brain injury, it is important to work out who was at fault for the accident happening. If the accident was your fault, such as from ignoring wet floor signs or changing lanes without indicating, you would likely be unable to claim.
However, if the injuries were partially your fault, you could still claim.
Duty Of Care
Under the Health and Safety at Work etc. Act 1974, employers have a duty to take reasonable measures to protect your health, safety and wellbeing at work.
The Occupiers’ Liability Act 1957 outlines some of the responsibilities of those in control of places accessible to the public. They should take practicable steps to ensure your safety in the area they control.
Road users have a duty to use the roads with standard care and skill, essentially preventing accidents and injuries. Some of these duties fall under the Road Traffic Act 1988 and The Highway Code.
If a party has a duty of care and does not fulfill it, they can be found liable for negligence if this breached duty of care leads to someone getting injured.
If you have sustained a minor brain injury and it wasn’t your fault, speak to our advisors today for no-obligation advice.
Types Of Minor Brain Injuries
You can sustain a wide variety of brain injuries. According to UK brain damage charity Headway’s article on mild head injury, these can include:
- Concussion
- Minor brain damage
- Post-concussion syndrome
A concussion can result in a short period of unconsciousness, typically 30 minutes or less. There will also be a presence of amnesia for the first 24 hours, but memory will improve after this.
For minor brain damage, you could suffer from poor concentration as well as not being able to inhibit your moods.
Post-concussion syndrome occurs after a concussion and can result in the injured person feeling sick, confused, and dizzy. They may also have an intolerance to light which can be used by a qualified first aider to diagnose post-concussion syndrome.
If you believe you have sustained a head injury, no matter what degree of severity, always speak to your doctor. This guide should not be interpreted as medical advice. Instead, we can offer you help with how much compensation for minor brain injuries you could stand to receive. To find out more, speak to an advisor today.
The Effects Of Minor Brain Injuries
Concussions and post-concussion syndrome have a variety of symptoms that can arise. These can include:
- Headaches
- Nausea
- Irritability
- Depression
- Memory loss
- Problems with communication
- Disturbance to sleep
If you suffer any of these symptoms, speak to a medical professional immediately. For free legal advice related to a personal injury claim, contact our advisors. If you have a valid claim, they can connect you to a solicitor from our panel who could help you with your claim.
What Should I Do If I Had a Minor Brain Injury?
If you have sustained a minor brain injury, there are a few steps that you could take. These may prove vital in making a claim for minor brain injury compensation.
First, make sure you seek immediate medical attention. This is important for both your personal health and the viability of your claim. A defendant may claim you are not truly injured if you do not see a doctor promptly.
(However, if you didn’t see a healthcare professional immediately, you could still use medical evidence. As part of the claims process, you would attend a medical assessment with an independent medical professional. They’d assess your injuries and create a report that can be used as proof of their severity and cause.)
Next, you may wish to speak to a solicitor. This is not compulsory and you can still start a claim without securing the services of a solicitor. However, employing a professional may make the claims process easier. It could also maximise the compensation for a minor brain injury you could possibly receive.
Following this, it is always a good idea to begin collecting evidence to support your claim. This can include
- Footage from CCTV cameras or dashcams
- Contact details from eyewitnesses at the scene of the accident
- Photographs depicting how the accident happened
After this, your solicitor could use the medical report and evidence of financial losses, such as prescriptions to see how much compensation you could be owed.
Finally, your claim can be put together and your appointed solicitor will negotiate with the defendant to get an acceptable outcome.
To find out if you could make a claim after a minor brain injury, speak to our advisors today. With 24/7 availability, they’re ready when you are.
What Could Affect The Value Of Your Minor Brain Injury Compensation Payout?
A few factors can affect the amount of minor brain injury compensation you could receive. This includes:
- The severity of harm caused
- How long it takes you to recover
- The extent of ongoing symptoms
- Whether you suffer from headaches or not as a result
Generally, the worse the effect that a brain injury has on your life, the more compensation you could receive. To find out more, get in touch with one of our advisors.
Examples of Brain Injury Claim Amounts
If you make a successful personal injury claim for a brain or head injury, your compensation could include general and special damages. General damages compensate you for any physical or mental health harm inflicted due to your injuries.
When valuing this head of claim, personal injury lawyers and other legal professionals may refer to the Judicial College Guidelines (JCG) to help them as it features guideline compensation brackets for various injuries. In the table below, we have included some of the amounts listed in the most recent edition of the JCG, published in April 2022.
However, you should only refer to this table as a guide. When making a brain injury claim, the amount you receive may differ from those listed below due to specific factors of your case.
Injury Nature of incident Possible compensation
Moderate Brain Damage (i) In which you would expect a moderate or even severe change in intellect as well as the personallity. Sight and speech can also be affected, as well as a risk of epilepsy. £150,110 to £219,070
Moderate Brain Damage (ii) Here, you would expect a modest deficit to intellect, and working ability becomes reduced, but the possibility still remains in future. £90,720 to £150,110
Moderate Brain Damage (iii) In this bracket, you may expect to see problems with your memory and also concentration. Working ability is likely to be reduced. However, a reliance on others is likely to be very limited. £43,060 to £90,720
Less Severe Brain Damage Here, the injured party will have made a good level of recovery, and they may be able to start a return to their former social life. However, there can still be a risk of poor concentration. Epilepsy can also be present in claims towards the top of this bracket. £15,320 to £43,060
Minor Brain or Head Injury Minimal brain damage. Will factor in how severe the injury was, how long it took to recover, the extent of any symptoms still there, as well as the presence of headaches. £2,210 to £12,770
Epilepsy (c) Other Epileptic Conditions Here, you may be expected to see up to two epileptic episodes but these would be discrete. No risk of further episodes likely. £10,640 to £26,290
Your settlement may also include special damages. This compensates you for any financial harm or out-of-pocket expenses that stem from your injuries. Special damages are designed to put you in the same financial position that you were in before you sustained a brain or head injury.
Examples of financial harm you might experience following a minor brain injury include:
- A loss of earnings stemming from taking time off work whilst you recover from symptoms of your brain injury. A wage slip could be used as evidence of this loss.
- Travel expenses resulting from repeat visits to your GP or hospital for appointments relating to your injuries. Retain any proof of travel, i.e. a bus ticket or taxi fare receipt.
- Care fees if you require a carer to help you with daily tasks, such as shopping or cooking. Use your carer’s invoices to prove this expense.
For further guidance regarding head injury claims, you can contact our advisors. They could also offer you a free valuation of your claim.
Start A No Win No Fee Minor Brain Injury Compensation Claim
If you’re interested in starting a claim, you could do so under a No Win No Fee agreement. You can be represented by a solicitor on this basis. It means you pay no solicitor fees upfront or while your case continues, and if your claim is unsuccessful, you do not pay your solicitor’s fees at all.
However, in the event of a win, you pay a success fee from your settlement. This is a small percentage fee taken out of your final payout.
If you think No Win No Fee could be right for you, speak to our advisors today. They can offer free legal advice with absolutely no obligation to proceed with our services and are available around the clock to help you with your claim. Why not find out how much compensation for a minor brain injury you could be owed today? Contact us by:
- Calling us on 0800 408 7825
- Using the live chat feature as seen at the bottom right of this page
- Contacting us directly through this website
Related Head And Brain Injury Claims
Accident At Work Head Injury Compensation Case Study Guide
Accident In A Public Place What To Do? Injury Claim Guide
Brain Damage Compensation Case Study Guide
Request CCTV footage of yourself — UK Government — A guide to gaining CCTV footage as evidence.
Motor Insurers’ Bureau — A resource that may be useful if you are hit by an uninsured driver.
Statutory sick pay (SSP) — UK Government — A guide to money you could claim on a short-term basis if you cannot work.
Thank you for reading this guide on minor brain injury compensation.
Article by EC
Publisher UI