Concussion Injury Compensation Claims
If you have been affected by concussion we can help.
The purpose of this guide is to help anyone who has suffered concussion and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
concussion injury compensation:
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.
Do I have a concussion injury claim?
As a basic rule, you can make a concussion injury claim if your injury occurred:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Claim eligibility - Common questions
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 concussion injury claim on their own behalf.
Do I need a diagnosis to make a concussion injury claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a concussion injury claim after an accident, the more likely your claim is to succeed.
How is concussion identified for the purposes of an injury 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.
The potential long-term consequences of concussion?
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 amount of money you could claim for your concussion 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 concussion 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 concussion 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
Concussion injury compensation amounts
The following concussion injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fifteenth 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|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious head injury can be £30,000
For a more minor arm injury, in isolation, you would typically receive £4,000.
However, if you have a serious head injury and a more minor arm injury, you would typically receive £30,000 + a reduced percentage of £4,000.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for a concussion 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 concussion injury will depend entirely on your specific circumstances.
Your concussion 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.
Will I have to pay tax on my concussion injury compensation?
If you receive financial compensation following a concussion 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.
Concussion injury compensation
Calculating how much compensation you can claim for a concussion 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 concussion injury claim could be worth now:
How long does a concussion injury claim take?
How long it can take to settle a concussion injury claim can vary significantly.
A simple liability accepted injury claim could be completed in a matter of weeks. If liability is denied, however, a claim can take substantially longer. Normally an injury claim takes 4 to 9 months. See more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your concussion 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, no risk
'No win, no fee' means that if your concussion injury claim is unsuccessful, you will not have to pay any legal fees. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a contract between you and your solicitor.
Our no win, no fee promise
Our no win, no fee guarantee means there is no financial risk in making a concussion injury claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my concussion injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. 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 concussion injury claim?
If your concussion 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. concussion injury claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. 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:
if you can claim
to start a claim
Concussion 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 concussion injury claim?
In general, you have a time limit of up to 3 years from the date of the concussion injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your concussion injury claim becomes 'statute barred'.
Can I claim for a concussion 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 concussion injury compensation.
In reality, there are a number of factors that can affect whether a concussion 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.
Howard Willis, Personal injury solicitor
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.