Head & Brain Injury Compensation Claims
If your life, or the life of a loved one, has been affected by a head or brain injury we can help.
If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article:
How common are head and brain Injuries?
The most complete data set is published by Headway, the UK brain injury charity. Headway's most recent data reports 348,453 annual hospital admissions for Acquired Brain Injury (ABI). ABI refers to any type of brain damage that occurs after birth.
In the same period, there were 155,919 head injury hospital admissions.
Head injuries range from superficial cuts and bruises, to serious life-altering injuries. The number of unreported head injury accidents is likely to be much greater.
Do I have a head or brain injury claim?
As a basic rule, you can make an injury claim if you were injured:
- within the last 3 years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors (under 18s).
A head or brain injury claim can be pursued on behalf of 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 an injury claim on their own behalf.
Who is legally responsible (liable) for my injury?
Duty of care
When making a compensation claim, your solicitor will need to establish that you were owed a duty of care by another party.
A duty of care is when a person, company or organisation has a legal obligation to safeguard the well-being of others.
UK laws impose a duty of care on employers, businesses, road users, local authorities, landlords and the owners and occupiers of other premises, to protect people from harm.
Who is liable for your head or brain injury will depend on where your accident happened:
Road users owe a duty of care to other road users. If you were injured as a driver, passenger or pedestrian, a claim against the party at fault should be possible. A claim may also be possible if you were partly responsible for the accident.
If you were injured at work, your employer will probably be liable.
Businesses have a legal obligation to ensure that workers:
- are provided with a safe place to work
- are trained to carry out their role
- have the necessary tools and equipment
- are provided with any necessary Personal Protective Equipment (PPE)
Even if your injury was due to the negligence of a co-worker or fellow employee, the employer will usually be held liable under the principle of vicarious liability.
Public place accidents
If you were injured in public place, like a shop, the owner or operator of the public space may be liable. If, for example, you are injured in a park or on a public road, the local authority may be liable.
The owner or operator should have public liability insurance to pay cover compensation if you are injured.
Clinical negligence (also referred to as 'medical negligence') is when there has been a 'breach of duty' on the part of a healthcare professional.
A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.
Medical negligence claims differ from personal injury claims as the following will need to be established in order to make a successful claim:
- there was a breach of duty ("negligence" or "fault"); and
- the breach of duty was the cause of your head or brain injury ("causation" or "avoidable harm").
What symptoms can I claim for?
Head injuries are when there has been damage to the scalp, skull, or brain resulting from trauma. Even relatively minor head injuries can lead to headaches, nausea, dizziness and impaired visions.
If your injury has resulted in any pain, suffering or loss of amenity, a claim may be possible. You will also be able to claim for any costs or losses you incur, such as lost earnings.
To make a successful claim, you will need a medical assessment to help establish that your accident caused your injury, to ascertain the severity of your injuries and consider the long-term impact on your life.
The report will will help ensure that you receive the support, care and financial compensation you need.
A medical assessment is a routine part of every personal injury claim.
Any injury that has or will have a significant impact on your daily life would be considered serious.
Your injury may have left you unable to work and needing ongoing treatment
Concussion, brain damage and other serious head injuries can result in unpredictable symptoms, including:
- Epilepsy and other seizures
- Mood swings and depression
- Personality changes
- Problems with speech
- Impaired coordination and movement
Whatever your symptoms, if your injury has had a detrimental affect on your life, a claim should be possible.
Sometimes, assessing the severity of a head or brain injury requires specialist medical expertise and additional medical assessments may be required.
The amount of money you could claim will depend on:
- the severity 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 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 an 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 ongoing 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, 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|
|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|
|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|
|Head injury||Minor||Minimal injury with full or near-complete recovery||£1,760 to £10,180|
|Head injury||Less severe||Good recovery with a return to work and normal social life||£12,210 to £34,330|
|Head injury||Moderate||Resulting in a lower degree of dependence||£34,330 to £174,620|
|Head injury||Serious||Resulting in serious disability and substantial dependence on others||£174,620 to £224,800|
|Head 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 of your injuries may be taken as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a severe brain injury can be £225,000
For a moderate head injury, in isolation, you might receive £35,000.
However, as there is effectively an overlap between the pain, suffering and loss of amenity (PSLA) caused by the two injuries, you would typically receive £225,000 + a percentage of £35,000.
What is the average injury compensation for a head or brain injury?
Average compensation payouts are not a useful guide when calculating head and brain injury compensation, for two reasons:
- Your compensation will be based on your specific injuries, not on an average. Different injuries, with different recovery periods, will be awarded different levels of compensation. If your injuries were serious, leading to long-term or permanent symptoms, average payouts could be much less than the amount you will be awarded.
- You can also claim compensation for the financial losses and expenses you specifically faced after your accident. If your injuries affected your ability to work for a longer-than-average period, you should receive compensation for the total value of your actual lost earnings. Average slip and trip payouts for general damages and special damages will not directly affect what you personally can claim.
How will head injury compensation help me?
A fundamental principle 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.
When making restitution to someone who has sustained a serious head injury, a financial settlement can only ever go so far.
The nature of a serious head injury is such that it can have life-changing repercussions for injured parties and their families. Recovery and rehabilitation can be a long, uncertain process.
Your expert personal injury solicitor will strive to get the maximum settlement for your head or brain injury:
- 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
Calculate my head and brain injury compensation
Calculating how much compensation you can claim for a head or 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 injury claim could be worth now:
- Instant accurate calculation
- Checks your right to claim
- Confirms No Win, No Fee eligibility
How long does a head injury claim take?
The length of time needed to process a head or brain injury claim can vary considerably.
A straightforward liability accepted injury claim could be settled in 3-4 months. If liability is denied, the process will usually take longer.
You may be eligible to receive an interim payment if you need urgent financial support during your claim.
Caring and sensitive support
Your solicitor will handle your 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.
Will I get financial advice?
Your solicitor will be able to advise you on whether to accept a financial settlement for your head injury claim. If you require tax planning or trust advice, the solicitor will recommend and work closely with a financial adviser.
How has Quittance helped others?
We have assisted claimants in finding the right solicitor to help with a wide range of head and brain injury cases, including:
- Traumatic injuries (TBIs)
- Subdural haematoma
- Subarachnoid haemorrhage
- Injuries resulting in loss of senses, mental faculties or physical ability
- Diffuse axonal injuries
- Open head wounds, including skull displacement and fractures
- Minor head injuries, scars and burns
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.
No win, no fee
No win, no fee means that if your 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 no financial risk in making a head or brain injury claim, even if you don't win your claim.
What do I pay if I win my 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 injury claim?
If your 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.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and 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 376 1001 or arrange a callback:
- Find out
if you can claim
- No obligation
to start a claim
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 an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an 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 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit my solicitor's office?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
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.
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.