Concussion injury compensation claims
In the following guide we explain everything you must know about making a successful concussion injury compensation claim.
Between 2013 and 2014, almost 163,000 people attended hospital as the result of ahead injury.
The extent of a concussion injury may not be immediately clear, and in some cases the consequences can manifest some time after an accident. An injured person may not immediately associate their concussion injury with the accident that caused it - this connection can be established following a medical examination.
If you have suffered a concussion injury in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
There are numerous symptoms of concussion, and an injured person may not experience them all:
- Loss of consciousness
- Feeling dizzy or disorientated
- Seeing spots or stars - changes in your vision
- Feeling sick or vomiting
- Appearing confused
- Finding bright lights or loud noises to be extreme irritants
- Feeling anxious
In addition to the medical care you should receive following a head trauma, if you decide to make a claim your solicitor will arrange an independent medical exam to establish the extent of your injury and to prove that the concussion was caused by the accident. The medical practitioner carrying out the exam can arrange for you to have any required follow-up tests, such as MRI and CT scans.
I have a strong claim - why won't a solicitor take it on?
Concussion can be an initial indication of the development of a more serious problem. Issues include the build-up of pressure, which can cause a bleed on the brain. The consequences of a bleed can require considerable further treatment and care.
Concussion can also mask a fracture to the skull. Such a fracture may not be immediately apparent in the aftermath of an accident and again can develop into a serious issue if untreated.
Medical negligence and concussion-related injuries
Although a medical negligence claim may be possible if injuries result from a doctor's failure to identify a fracture, the Courts consider it the claimant's responsibility to mitigate the extent of their injury - this means that compensation will usually only be awarded for injuries that have arisen as a result of an accident or negligence, not those which developed later and could have been prevented if treatment was sought.
Epilepsy can be caused by a head injury which initially presents as concussion. This can be the result of scar tissue on the brain. Such damage can be detected with a comprehensive clinical assessment that includes CT and MRI scans.
Concussion resulting in psychological harm
Post-concussion syndrome, also known as shell-shock, can be a long term side effect of an impact to the head. The symptoms are similar to that of concussion, but are much more marked in severity, and can also include psychological factors. These factors can take the form of conditions such as anxiety, depression, and changes in a person's character.
It may be possible to claim compensation for psychological harm in addition to physical concussion-related injuries.
The potential for additional care costs makes it important that a medical exam be carried out before an offer is accepted. The medical will confirm the likely extent of the injuries including a prognosis.
This prognosis will be factored into an assessment of future costs, which will be included in the calculation of the total compensation amount. This amount will also include an amount of general damages compensation for pain and suffering sustained as a result of the specific injuries a claimant has sustained, and compensation for lost wages and medical expenses the claimant has already incurred.
A no win no fee agreement (more correctly referred to as a CFA or Conditional Fee Agreement) is entered into between the claimant and a specialist injury lawyer.
A CFA is basically the terms and conditions under which the solicitor represents their client.
It sets out what the solicitors will do and how he or she will be rewarded if your claim is won.
If you instruct Quittance Personal Injury for your concussion injury claim there will be no hidden fees , nothing to pay up-front and the comfort that you will not be financially out of pocket.
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming concussion injury compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim concussion injury compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the team
Quittance's nationwide network of solicitors take on all types of personal injury claims and have a wealth of experience in fast track, complex and catastrophic injury claims. Selected because of their success rate in winning claims, our solicitors have years of dedicated experience.
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert