A Guide to Claiming Brain Injury Compensation
If you have been affected by a brain injury we can help.
The purpose of this guide is to help anyone who has suffered a brain injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
The nature of brain injuries mean that they could affect every aspect of a person's life for years to come. It is important that the correct amount of compensation is claimed, in order for the injured person to move on with their life as comfortably as possible.
The panel of solicitors have assisted with a number of brain injury claims, and will be able to advise you the factors affecting your case, including the likelihood of success and the amount of compensation.
Do I have a brain injury claim?
It should be possible to make a brain injury claim if you sustained an injury:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Find out if you have a claim with our Online Claim Checker:
Are there any exceptions?
Even if these two points don't apply to you, a claim may still be possible.
To get impartial advice on whether you have a claim, speak to a legally trained adviser on 0800 612 7456.
A brief phone consultation will tell you exactly where you stand. We will never put you under pressure to start a claim.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a brain injury claim on their own behalf.
Can I still claim if I didn't report the brain injury?
If you did not report the accident it can make it more difficult to pursue a brain injury claim, but a claim may still be possible. This will depend on the circumstances of your case and on the other evidence available.
Who can make a brain injury claim?
In most cases, an injured person can make a brain injury claim if their accident happened as a result of a third party's negligence.
In some cases the injured party may be unable to make a case for compensation as a result of the brain injury. If you are thinking of making a claim for a loved one, you will be referred to as a 'litigation friend', and will be able to make the compensation claim on their behalf.
If the brain injury occurred in an accident at work, you may be able to make a claim against your employer if you can prove that the accident happened as a result of their negligence. There are numerous ways an employer may have been negligent. Some common examples of employer negligence include:
- Failure to adequately train employees and contractors in health and safety
- Failure to follow safety procedures
- Failure to provide employees with necessary safety equipment
There are many other ways an employer might have been negligent, depending on the nature of the job. A solicitor will be able to evaluate your individual case to establish whether the cause of the brain injury was employer negligence.
You may be able to claim for a brain injury caused by an accident that occurred at home if you can prove that the injury was a result of third-party negligence. This could be the manufacturer of home appliances for example, or the company or individual who fitted fixtures and fittings. Your solicitor will be able to assist with identifying who is responsible for the injury.
There are many ways an individual could suffer an accident in a public place, from falling debris or other building site accident, to being involved in a road traffic crash. If your solicitor can prove that the brain injury happened as a result of third party negligence, you should have a claim.
There are rare cases where a person suffers a brain injury due to medical negligence. For example if a patient is starved of oxygen due to mistakes by medical staff, or when surgical procedures go wrong. In these cases the claim will be made against the NHS or private practice.
The amount of money you could claim for your brain injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your brain injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a brain injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Brain injury compensation amounts
The following brain injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Brain injury||Minor||Minimal injury with full or near-complete recovery||£1,760 to £10,180|
|Brain injury||Less severe||Good recovery with a return to work and normal social life||£12,210 to £34,330|
|Brain injury||Moderate||Resulting in a lower degree of dependence||£34,330 to £174,620|
|Brain injury||Serious||Resulting in serious disability and substantial dependence on others||£174,620 to £224,800|
|Brain injury||Severe||Very severe with the need for full-time nursing care||£224,800 to £322,060|
|Epilepsy||Moderate||Less severe epilepsy||£8,480 to £10,950|
|Epilepsy||Serious||Established Petit Mal||£43,710 to £104,660|
|Epilepsy||Severe||Established Grand Mal||£81,310 to £119,650|
What is the average injury compensation for a brain injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a brain injury will depend entirely on your specific circumstances.
Your brain injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I get an interim payment?
Interim payments are effectively an advance on a probable compensation award. An interim payment may be awarded if the claimant is in immediate financial hardship.
Will I have to pay tax on my brain injury compensation?
If you receive financial compensation following a brain injury injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Brain injury compensation calculator
Calculating how much compensation you can claim for a brain injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your brain injury claim could be worth now:
How long does a brain injury claim take?
The length of time needed to settle a brain injury claim can vary considerably.
For instance, a liability accepted brain injury claim could be settled in 6 to 12 months. If the defendant denies liability, a claim can take substantially longer. Normally a brain injury claim takes 12 to 36 months. For more information on how long your claim could take, see:How long will my claim take?
Will I still be able to claim for a brain injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your brain injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
No win, no fee means that your solicitor will not charge you any fees if your brain injury claim is unsuccessful. 'No win, no fee' is also known as a 'Conditional Fee Agreement' or 'CFA'.
No win, no fee guarantee
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of claiming compensation for your brain injury.
What do I pay if I win my brain injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my brain injury claim?
If your brain injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. brain injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. In some cases our solicitors can work on a reduced success fee. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:Call me back
if you can claim
to start a claim
Brain injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a brain injury claim?
In general, you have a time limit of up to 3 years from the date of the brain injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your brain injury claim becomes 'statute barred'.
Can I claim for a brain injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim brain injury compensation.
In reality, there are a number of factors that can affect whether a brain injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert