To make a head injury claim, you or a loved one will need to prove that someone else is responsible for the harm suffered and any consequent financial losses. If you or a loved one has suffered a head injury and you believe someone else is at fault, one of the highly trained solicitors from our panel could provide compassionate, expert support throughout the claims process.
Head injuries can lead to a wide range of temporary or permanent issues, not to mention financial worries. Here at Public Interest Lawyers, our solicitors understands this completely. They have supported claimants up and down the country, always prioritising their individual needs via a uniquely tailored service.
As part of this commitment to clients, our panel offer their services on a No Win No Fee basis so that you can start claiming right without paying any upfront service fees for their work. Client well-being is central to our panel, no matter the claim. So, you can rest assured that you or your loved one will be their main priority as they fight for the highest possible compensation.
Personal injury claims are completely manageable when they are in the right hands, so find out if a solicitor from our panel can help you. If you would like to talk to our advisors to find out whether a claim can be made or how a solicitor from our panel can help you, get in touch today.
Jump To A Section
- Who Can Make A Head Injury Claim?
- Fatal Head Injury Claims
- What Compensation Might Be Awarded For A Head Injury?
- How Can Head Injury Compensation Help In The Aftermath?
- Head Injury Case Study
- What Accidents Could A Head Injury Be Caused By?
- Head Injuries Resulting From Medical Negligence
- Can I Make A Criminal Head Injury Claim?
- What Will Be Needed To Support A Head Injury Claim?
- How Long Is The Head Injury Compensation Claim Time Limit?
- How Can Public Interest Lawyers Help You Make A Claim?
- Learn More
Who Can Make A Head Injury Claim?
Those who can prove that the harm they have suffered was caused by the negligent actions of a third party can make a head injury claim. To do so, you or a loved one must be able to demonstrate that:
- A duty of care was owed by a third party
- This duty was breached
- The breach resulted in a head injury
In short, a duty of care is the responsibility that a third party has to take certain actions that can protect your safety. Later in our guide, we will discuss this in greater detail, including how it can look different depending on the setting and when a head injury claim can be made.
Head Injury Claims On Behalf Of Another Person
When it comes to making head injury claims on behalf of another person, you can do so as a litigation friend if the individual in question cannot independently pursue compensation because they are a minor or lack mental capacity.
For more information on the role of a litigation friend and how it all works, please read our guide on making a personal injury claim on behalf of someone else. You can also discuss this and the broader eligibility criteria for claiming by talking it all through with an advisor. They’re available 24/7 to assist.
Fatal Head Injury Claims
A fatal head injury claim can be made when the negligent actions of a third party have resulted in someone’s death. In the first 6 months following the death, the Law Reform (Miscellaneous Provisions) Act 1934 permits only the deceased’s estate to make a claim. This applies specifically to the deceased’s pain and suffering, as well as their financial losses. Moreover, the estate can claim on behalf of certain relatives who qualify as dependants.
However, if a claim has not been made on behalf of any dependants after the 6-month window, then eligible relatives can make their own fatal head injury claim for the impact the death has had on them. This is in accordance with the Fatal Accidents Act 1976 (FAA).
If you’d like a more in-depth overview, please read another guide by us on fatal injury compensation claims. Our advisors are also ready to provide free, sensitive guidance if you’re exploring your options for making a fatal head injury claim. Simply use the contact details listed in this guide at a time that suits you.
What Compensation Might Be Awarded For A Head Injury?
The compensation that might be awarded for a head injury could be anywhere between £2,690 and £493,000, according to the Judicial College Guidelines (JCG). This document contains a comprehensive list of injuries, severity levels, and suggested compensation brackets. Solicitors and other legal professionals often find this publication particularly useful for calculating general damages for their clients.
General damages is a head of loss that compensates claimants for the pain and suffering they have experienced because of their head injury. This includes any psychological harm they have encountered alongside the physical effects of the head injury.
Compensation Guidelines
The table below contains several JCG brackets relating to head injuries. That said, please note that the top entry has not been sourced from the JCG, and use our table only as guidance.
| INJURY | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Multiple Types of Severe Injuries with Special Damages (e.g. Loss of Wages, Private Medical Treatments and Professional Care Costs) | Very Severe | Up to £1,000,000+ |
| Brain & Head | Very Severe - Full-Time Nursing Care | £344,150 to £493,000 |
| Brain & Head | Moderately Severe - Very Seriously Disabled | £267,340 to £344,150 |
| Brain & Head | Moderate (i) - Moderate to Severe Intellectual Deficit | £183,190 to £267,340 |
| Brain & Head | Moderate (ii) - Moderate to Modest Intellectual Deficit | £110,720 to £183,190 |
| Brain & Head | Moderate (iii) - Concentration and Memory Are Affected | £52,550 to £110,720 |
| Brain & Head | Less Severe - Small Risk of Epilepsy | £18,700 to £52,550 |
| Brain & Head | Minor Injury - Minimal Brain Damage | £2,690 to £15,580 |
| Face | Very Severe Scarring - Cosmetic Effect is Very Disfiguring | £36,340 to £118,790 |
| Teeth | Damage to Teeth (i) - Loss of or Serious Damage to Several Front Teeth | £10,660 to £13,930 |
Would you like an advisor to discuss head injury compensation for free? If so, get in touch today using the details listed in this guide.
How Can Head Injury Compensation Help In The Aftermath?
Head injury compensation can help in the aftermath of an accident by helping claimants recover the out-of-pocket costs they have incurred from being harmed, covered under a second head of loss known as special damages.
We’ve provided several examples of financial losses below:
Medical Expenses
Medical expenses, such as ongoing prescription costs and private reconstructive surgeries, may be recoverable under special damages.
Loss Of Earnings
Suffering a head injury can be very serious and leave the claimant unable to work, resulting in lost earnings and reduced financial stability.
Future Loss Of Earnings
Not only can a head injury affect your current financial situation, but your future earnings may also be impacted. In other words, the head injury may be so severe that it limits future job prospects and reduces your earning potential.
Care And Assistance Costs
Depending on the severity of the head injury, care and assistance costs can mount, as professional carers may need to step in to support the claimant in their recovery. Additionally, special damages can cover informal or unpaid care provided by family or friends.
Travel Expenses
Travel expenses can build up quickly after a head injury, if you need taxis to and from medical appointments or have to use mobility-friendly transport.
Home And Car Adaptations
Home and car adaptations may be necessary if a head injury results in brain damage and paralysis. In this instance, the home may require extensive modifications to accommodate wheelchair access, improve accessibility, support independence, and ensure overall safety.
Rehabilitation And Therapy
Rehabilitation and therapy are an intrinsic part of recovery and often demand long-term treatment pathways, resulting in continually rising costs. While this treatment often greatly improves physical and mental health, it can place a heavy financial burden on those who receive it.
Miscellaneous
Many other out-of-pocket expenses can be recovered under special damages, such as the cost of cancelling holidays and replacing damaged personal items.
Whatever losses you or a loved one incurred, they must be proven with payslips, receipts, and other documents, as special damages can only be claimed if there is supporting evidence.
To learn more about how special damages can form part of a head injury compensation payout, please speak to one of our advisors.
Mr Wright’s £300,000 Head Injury Case Study
In this example case study*, we take a look at Mr Wright’s £300,000 building site claim payout, which arose when a scaffolding pole fell on his head while he worked on a construction site. The scaffolding had not been properly secured, which caused it to come loose and fall from a height on a particularly windy day.
Mr Wright was diagnosed with a fractured skull, brain damage, and a severe concussion. He decided to work with an accident at work solicitor, who helped him on numerous fronts.
In particular, Mr Wright’s solicitor gathered supporting evidence that the employer was at fault for failing to inspect the scaffolding. This included photographs of the accident site, CCTV footage, and his medical records.
With clear evidence of their liability, Mr Wright’s employer agreed to settle the head injury compensation claim. As a result, he received:
- £228,050 in general damages for his pain and suffering, including psychological harm.
- £71,950 in special damages, covering a loss of earnings, medical expenses, and care costs.
You can find out more about Mr Wright’s case by reading our guide on his £300,000 fractured skull payout. To see if you have an eligible head injury claim like Mr Wright’s, get in touch today for a free assessment from one of our helpful advisors.
What Accidents Could A Head Injury Be Caused By?
Slips, trips, falls, and being struck by falling objects are some common accidents that could cause a head injury. Below, we’ll look at some detailed examples of accidents on the road, at work, and in public.
Road Traffic Accidents
All road users owe each other a duty of care to avoid causing injury and navigate safely. To meet this duty of care fully, they must also comply with the Road Traffic Act 1988 and the Highway Code. Failing to meet this duty could result in a road traffic accident like the following:
- A drunk driver is going over the speed limit and is unable to pay attention to their surroundings. They knock over a pedestrian who is using a zebra crossing, causing a skull fracture and a broken eye socket.
To learn more, please read our guide on road traffic accident claims.
Accidents At Work
Employers have a responsibility to take reasonable steps to ensure workers’ health, well-being, and safety, as per the Health and Safety at Work etc. Act 1974. If an employer were to breach this duty of care, such as by failing to provide appropriate personal protective equipment, it could lead to an accident and a serious head injury:
- An employer fails to provide a construction site worker with a hard hat, resulting in the builder’s head being struck by a falling brick. This causes a deep laceration to the crown.
Our guide on accident at work claims discusses the process in more depth.
Public Place Accidents
Visitors to public places are owed a duty of care under the Occupiers’ Liability Act 1957 by the party in control of the space (the ‘occupier’), who must take practical steps to ensure their reasonable safety.
Occupiers can be liable for injuries caused by their negligent actions in many scenarios, such as:
- A leisure facility has failed to display “no diving” signs at the shallow end of a swimming pool. Unaware of the danger, a swimmer dives in and hits their head on the bottom of the pool, leaving them with a concussion and extensive facial scarring.
If you’d like a more detailed read, take a look at our guide on public liability claims.
Our advisors are available 24/7 if you’d like to discuss your head injury confidentially.
Head Injuries Resulting From Medical Negligence
Every medical professional owes their patients a duty of care from the moment they agree to treat them. In short, this means they have an obligation to provide a minimum standard of care to a patient. When this duty is not met, leading to a patient suffering avoidable harm, there may be a case to claim compensation.
Medical negligence can involve scenarios like the following:
- A patient in a hospital with mobility issues needs to be transferred to a different bed using a slide sheet. During the transfer, staff use a frayed sheet that rips, causing the patient to be dropped and suffer a basilar skull fracture.
- A doctor fails to spot a bleed on a patient’s brain when reviewing a CT scan of a skull fracture. As a result, the patient goes untreated and suffers a steep cognitive decline before getting a proper diagnosis.
For a more detailed read on this type of claim, please refer to our guide on medical negligence. You can also speak with one of our advisors, who will be happy to answer any questions you might have.
Can I Make A Criminal Head Injury Claim?
You can make a criminal head injury claim via the Criminal Injuries Compensation Authority (CICA) if you have been injured in a violent crime in England, Wales, or Scotland. The CICA is a government agency that can provide financial compensation to those who meet the following eligibility criteria:
- You must have been a victim of a violent crime (as defined by the Criminal Injuries Compensation Scheme 2012)
- The crime has been reported to the police
- The incident in question occurred in Great Britain or another relevant place, such as a vessel registered in one of these countries.
- Your claim must be made within 2 years of the date of the incident
Some examples of criminal injury claims include:
- A drunk individual leaving a pub strikes a passerby over the head with a glass bottle in an unprovoked attack, leaving them with multiple lacerations to their scalp.
- A person has their phone and wallet stolen during a group attack, suffering a concussion and several broken teeth.
If you’d like to deepen your research about CICA compensation, please read our guide on the criminal injuries claims process. You can also discuss your experience with our team of advisors.
What Will Be Needed To Support A Head Injury Claim?
Strong evidence will be needed to support a head injury claim, such as medical records and video recordings, and prove that a negligent third party is responsible for the harm suffered.
We’ve provided some examples of evidence that could be used to support a head injury claim:
- Medical evidence, such as GP or consultant notes, copies of brain scans, and treatment and rehabilitation records
- For an accident at work claim, a claimant can use a copy of the incident report
- CCTV or dashcam footage if the claimant’s head injury was sustained in a road traffic accident
- Additionally, for a road traffic accident claim, you should collect the insurance, registration, and contact information of the drivers involved
- Photographs and video footage of both the injury and the accident site
- The contact details of witnesses, which a solicitor can later use to prepare statements
Gathering evidence to support a head injury claim can feel like an overwhelming undertaking, but you can get the help you need from one of the solicitors making up our panel. Get in touch today to find out more.
How Long Is The Head Injury Compensation Claim Time Limit?
The head injury compensation claim time limit is usually 3 years from the date the incident occurred, as per the Limitation Act 1980. This is referred to as the limitation period.
That said, there are exceptions to when the 3-year time limit applies, which you can learn about by reading our guide on the limitation period.
Are you unsure whether your head injury claim falls within the legal time limit? Our advisors are here to provide peace of mind, so feel free to reach out for a free, quick confirmation.
How Can Public Interest Lawyers Help You Make A Claim?
Our panel of head injury solicitors at Public Interest Lawyers can help you make a claim by offering a tailored No Win No Fee service, wherever you are in the UK. They work under a Conditional Fee Agreement (CFA), which means:
- No solicitors’ fees if the head injury claim fails
- No solicitors’ fees while the claim is ongoing
- No solicitors’ fees upfront
If the claim is successful, you will pay a small success fee to your solicitor directly from your head injury compensation. This is capped at a legally limited percentage, so you’ll keep the largest share.
Support Services
Not only can you benefit from a CFA, but you will also get access to a wide range of client-focused support services. These have been carefully formulated to make the claims process easier by:
- Explaining unfamiliar legal terms and other aspects of the claims process.
- Gathering and presenting evidence.
- Putting you in touch with rehabilitation specialists, if requested.
- Providing regular and detailed updates throughout the head injury claims process.
- Liaising with the defendants’ solicitors and keeping you fully informed about all correspondence.
Securing the help of a solicitor from our panel can make the claims process significantly easier. Rest assured, your head injury claim, or that of a loved one, will be in safe hands.
Contact Our Advisors To Get Started
To get started, please contact our advisors today using the contact information below:
- Phone us on 0800 073 8803
- Contact us online
- Text us using our live chat
Learn More
To learn more, read some of our other guides:
- Read our guide on brain injury claims.
- Take a look at our guide on facial injury compensation.
- Have a read of our guide on concussion compensation claims.
Have a read of some external resources to broaden your knowledge:
- Learn about how to navigate a head injury and concussion from this NHS resource.
- Find out how to report a traumatic brain injury to the DVLA from GOV.UK.
- Check your eligibility for Statutory Sick Pay (SSP).
Thank you for taking the time to read our guide on how to make a head injury claim.