A Guide to Claiming Head Injury Compensation
If your life, or the life of a loved one, has been affected by a head injury we can help.
The purpose of this guide is to help anyone who has suffered a head injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Head Injuries - the statistics
Head injuries range from superficial cuts and bruises to serious forms of Acquired Brain Injury (ABI).
Acquired brain injuries are those that occur after birth, although head trauma can also exacerbate pre-existing conditions.
Headway statistics show that there were 348,453 ABI hospital admissions in the year 2016-17. There were 155,919 head injury omissions in the same period. The number of unreported head injury accidents is likely to be much greater.
Assessing the severity of a head injury
One major challenge faced by people with head injuries and their solicitors and medical advisers, is how to assess the extent of a head injury.
An initial medical report and prognosis will be carried out at then start of a claim. The medical support provided during a compensation claim can help with ongoing assessment.
This process should ensure that an injured party receives the support, care and full financial compensation they are entitled to.
Do I have a head injury claim?
As a basic rule, you can make a head injury claim if you were injured:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Find out if you have a claim with our Online Claim Checker:
What are the 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 head injury claim expert on 0800 612 7456.
A brief phone consultation will confirm whether you have a claim. You will never be pressured into making 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 head injury claim on their own behalf.
Can I claim if the head injury made an existing injury worse?
Yes, although demonstrating this can be more difficult, so legal and medical advice should be sought as early as possible.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a head injury claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
The amount of money you could claim for your head 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 head 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 head 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
Head injury compensation amounts
The following head 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|
|Facial injuries||Moderate||Multiple fractures of facial bones||£11,890 to £19,090|
|Facial injuries||Serious||Le Fort fractures of frontal facial bones||£18,980 to £29,290|
|Facial scars||Minor||£3,150 to £10,960|
|Facial scars||Moderate||£7,270 to £23,980|
|Facial scars||Severe||£14,320 to £77,580|
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 severe head injury can be £34,000
For a more minor shoulder injury, in isolation, you would typically receive £5,000.
However, if you have a severe head injury and a more minor shoulder injury, you would typically receive £34,000 + a reduced percentage of £5,000.
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 head 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 head injury will depend entirely on your specific circumstances.
Your head 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.
What if I am not yet sure of the extent of my injury?
If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.
Head injury compensation calculator
Calculating how much compensation you can claim for a head 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 head injury claim could be worth now:
How long does a head injury claim take?
The length of time needed to process a head injury claim can vary considerably.
A straightforward liability accepted injury claim could be settled in a couple of months. If liability is denied, however, the process might take longer. Typically, an injury claim takes between 4 and 9 months. For more information on how long your claim could take, read:How long will my claim take?
Will I still be able to claim for a head 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 head 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 can head injury compensation help you?
One of the fundamental principles of personal injury law is that the law should try to return individuals to the state they would have been in if an accident and injury had never happened.
In respect of making restitution to someone who has sustained a serious head injury, a financial settlement can only ever go so far. The nature of head injury is such that it can have life-changing repercussions for injured parties and their families.
Our network of expert lawyers strive to get the maximum settlement for head injuries:
- for general damages to cover loss of amenity, including memory loss and loss of faculties
- to reimburse medical expenses arising from the injury, such as treatment costs
- to cover ongoing treatment and care costs
- for other expenses, including travel costs to appointments
- to cover any lost earnings, and future loss of earnings
How we have helped others
Quittance's specialist solicitors have recovered substantial compensation awards for clients in a wide range of head injury cases, including:
- Traumatic brain injuries (TBIs)
- Injuries resulting in loss of senses, mental faculties or physical ability
- Open head wounds, including skull displacement and fractures
- Minor head injuries, scars and burns
Before embarking on a claim, your solicitor will discuss with you the circumstances of your injury and will explain your options. If there are alternative routes to a resolution other that the formal, legal option, your solicitor will advise you of the possible outcomes of these.
Your solicitor will enable you to put your energy into recovery, offering clear advice throughout the claims process to guide you through to a successful resolution.
If you are helping someone else make a claim, your solicitor will assist with the big decisions, such as when to accept a settlement, offering impartial, considered advice.
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 win, no fee' means that if your head injury claim is not successful, you won't have to pay any legal fees at all. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is an agreement entered into between you and a solicitor.
Our no win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making a head injury claim, even if you don't win your claim.
What do I pay if I win my head 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%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my head injury claim?
If your head 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.
How do personal injury solicitors get paid?
If your head injury claim is successful, the defendant, or their insurer, will pay the compensation and your solicitors fees.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
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
Head 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 head injury claim?
In general, you have a time limit of up to 3 years from the date of the head injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your head injury claim becomes 'statute barred'.
Can I claim for a head 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 head injury compensation.
In reality, there are a number of factors that can affect whether a head 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