Head Injury Claims

Head injuries are often mild; but sadly, some people never fully recover from these injuries. Less commonly, the more serious head injuries can prove fatal.

Thankfully, anyone who has suffered a head injury through no fault of their own has the law on their side. They are entitled to bring a brain injury claim for compensation against those who should be held responsible for what happened.

We understand that money can never undo the damage caused by a head injury. However, brain injury compensation can go some way towards making rehabilitation and recovery a smoother and more comfortable process.

To find out about the no win no fee claims process in personal injury cases, get in touch with our advisors on 0800 234 6438, or use our contact form and we’ll get back to you.

We’ll partner you with specialist head injury solicitors for a free initial consultation about claiming compensation.

A head injury can lead to many symptoms, some extremely serious. For example:

• Skull fractures
• Surface cuts to the scalp
• Penetration of the brain (open head injury)
• Bumps and bruising
• Concussion
• Headaches, nausea and vomiting
• Loss of consciousness, of memory and other neurological problems, such as problems with eye sight or speech
• Disorientation and other changes to the person’s mental state

No matter how mild your symptoms after a head injury, contact us now on 0800 234 6438 for free advice as to how you can bring your no win no fee brain injury claim. No win no fee removes the financial risk of claiming as you’ll have no legal fees to pay if you don’t win.

I your claim is successful, you’ll receive compensation and can spend it however you choose. You’ll then pay your solicitor’s success fee as a percentage of your compensation (this is never more than 25% of the money you receive).

We’ll partner you with specialist injury lawyers at a national law firm for a free initial consultation. Solicitor law firms are heavily regulated by the Solicitors Regulation Authority – giving much needed peace of mind.

There are many benefits in making a head injury compensation claim at an early stage. Not only will it ensure you receive compensation for the actual injury, pain and suffering you have experienced, it will also cover the reasonable costs of having to pay for home alterations, an accessible vehicle, loss of earnings and other financial losses.

Far from being a chance to cash in, for those suffering from a serious head or brain injury, personal injury compensation claims could be the only chance they will have to be able to afford the level of care which they’re going to need for the rest of their lives.

Find out more about making a serious accidents claim.

FACT

In 2018-2020, at least 399,777 people went to UK hospital accident and emergency departments with a head injury

Depending on your circumstances, a head injury can have a mild or a significant impact on your life. If your injury is minor, it’s tempting to think it’s not worth making a claim, but it is always worth discussing it with a specialist brain injury solicitor before making that decision.

This is because even minor head injuries can cause ongoing symptoms such as headaches and visual disturbances.

The impact of serious head injuries are significant and can be permanent, sometimes proving fatal. Though the actual damage to the skull or scalp may quickly heal, if the brain is injured there can be lifelong mental and/or physical disability.

You might even be unable to return to work or to take up your usual hobbies; you may need adaptations in your home to enable you to return home and live a relatively normal life; and you may have to rely on carers to get through your daily routine.

The fact is, if your injury was caused by some else, they ought to be held accountable. By making a claim, you can recover head injury compensation to help you recover and get on with your life. The money can never rewind the clock but it can make a significant difference to your quality of life.

There may also be a need for ongoing medical treatment and physiotherapy to aid your recovery. Making an injury claim is a vital step to enable you to secure the compensation you deserve.

Get in touch and we can help you make the first step in the claims process.

If you have suffered a head injury as a result of an accident that was someone else’s fault, you can claim head injury compensation. Whether you’re a worker or an employee, visitor or a member of the public, you can claim.

If you’ve suffered a brain and head injury while undergoing treatment, you could bring a medical negligence claim.

You may even have suffered a minor head injury at home and gone to the hospital to be checked out because you’ve start to feel unwell. If the doctors fail to diagnose a brain injury, such as bleeding on the brain, this could lead to a serious brain injury. In these types of cases, a medical negligence claim can be made against the NHS.

Unfortunately, most accidents happen because of someone’s negligence or a breach of duty of care. So if another person was responsible for the head injury, you should be able to make an injury claim. In a negligence claim, your solicitor will have to demonstrate that the brain injury was a direct result of negligence or breach of duty.

It’s very distressing seeing a loved one badly injured and, perhaps, becoming a shadow of their former self. Thankfully, you can also make a brain injury claim on behalf of someone else if you are a close relative.

A parent, for example, can bring a head injury claim on behalf of a child who has suffered a head injury at school or while paying sports.

You can also bring a claim for an adult who has been injured but is unable to deal with matters independently, because of the impact of their head injury.

The most important thing for your loved one is to call us on 0800 234 6438 for advice and a free consultation with personal injury solicitors. Or use our contact form and request a call back.

We can help you claim maximum compensation by bringing a no win no fee claim under a conditional fee agreement with specialist solicitors. They and their law firm will be authorised and regulated by the Solicitors Regulation Authority (SRA).

Unfortunately, head injuries can happen in just about every area of life. Here are the most common causes:

• Road traffic accident
• Falls from height
• Workplace accidents, such as on construction sites or in factories
• Medical negligence
• Accidents in public places, such as supermarkets
• Accidents in schools and colleges
• Being hit by flying objects
• Slips and trips
• Criminal assault*
• Sporting injuries, such as boxing or rugby and in the swimming pool – find out more about making sports injury claims
• Recreational accidents, such as falling from scooters and bicycles

It doesn’t matter where the accident happened, if someone else is to blame you can consider making a personal injury claim.

There are several kinds of head injury depending on exactly what caused the injury. Some are minor and you can expect a relatively quick recovery, while others are serious and can cause permanent problems and lifelong disability. For example, common brain injuries caused by accidents include:

• Skull fractures
• Surface cuts to the scalp
• Haematoma and haemorrhages
• Concussion
• Swelling of the brain
• Diffuse axonal injury (damage to the brain cells)
• Penetration of the skull

How each type of injury is treated depends on the injury itself and the person injured. Immediate treatment and how any ongoing recovery and rehabilitation is to take place is individualised by the team of health professionals.

Your head injury solicitor will need to know whether your doctors have a plan for how your recovery is to be managed. This is important for the purposes of your head injury claim and ensuring you win the maximum compensation you rightly deserve.

Head injuries caused by someone else deserves fair compensation. If you or a loved one has suffered a mild or serious head injury, the law allows you to claim personal injury compensation for the actual injury and the resulting pain and suffering. This is known as ‘general damages’.

You are also entitled to claim for your financial losses, both past and future, that are directly linked to the accident. These are called ‘special damages’ and are in addition to general damages.

Head injury claims for mild injuries will, for obvious reasons, attract a smaller level of general damages than severe cases that cause permanent disability. However, your solicitor will ensure that however mild your injuries and resulting symptoms are, you are awarded a fair level of brain injury compensation.

The fact is, that given the seriousness of many head and brain injuries, the injured person’s life may never be the same again. They may be unable to work or to resume the hobbies they’ve enjoyed; they may struggle with family life; and may be unable to enjoy any meaningful social life. This is why many individuals may question how much they can sue for a head injury.

Fortunately, brain injury compensation is structured to reflect the seriousness of a particular injury, including the long term effects on the individual. How much head injury claims are worth in the UK therefore depends on many factors, include the seriousness of the injury and the prognosis for recovery.

So if you’re wondering what the average pay out is for a head injury, there isn’t one – the fact is, no brain or head injury is the same. Medical evidence from a specialist head and brain specialist will be needed – you don’t need to worry about this as your solicitors will arrange this further down the line.

That said, there are formal guidelines that give a range of what personal injury compensation is appropriate. Amounts for brain injury claims do, therefore, vary greatly to reflect the actual injury and its effects. For example:

• The most severe brain damage – in very severe brain injury cases, the compensation awarded could be between £240,000 and £345,000
• Moderately severe brain damage – £186,000 and £241,000
• Minor brain damage – £14,380 to £30,500

As well as general damages, your solicitor will include a separate claim for the financial impact of personal injury, such as :

• Cost of private medical treatment and rehabilitation costs and the costs of occupational therapy
• Expenses – this covers money you’ve had to spend on items, such as travelling to medical appointments and medical expenses
• Loss of income – covering loss of wages, overtime and bonuses as a result of the accident
• Loss of future income – if you’re no longer able to work
• Special adaptations to property – if your injury means adaptations need to be made to your home to enable you live there, or if you need to buy a new property so you can live at home, your compensation claim should cover this
• The cost of carers – in the most serious cases, you or your loved one may need carers, whether or not for round-the-clock care

It is only fair that the law allows head injury compensation claims to include the reasonable costs of these things, even those that you expect to have to pay for in future.

Your solicitor will discuss these important issues with you before a formal claim is made.

CASE STUDY

A court ruled that an experienced cyclist, who suffered a head and head injury when a dog ran into his path, was entitled to compensation. The dog’s owner was found liable for his injury. The cyclist’s claim was for £50,000.

In very serious cases, significant sums of money may be needed to enable the injured person to continue with their rehabilitation, for example, having ongoing therapy, home adaptations carried out or a new vehicle to accommodate a wheelchair.

Thankfully, it it often possible for individuals to secure interim compensation to help them financially before brain injury compensation claims finally settle.

If you will need access to funds early on because of the nature and extent of the injuries, make sure you talk to your solicitor as soon as possible. They will be able to discuss your immediate and short term needs with you and negotiate an interim payment.

However, do bear in mind interim payments can only be made if the other side has admitted liability. Fortunately, in strong cases the vast majority of defendants do accept fault, making it easier to secure interim payments.

If they do admit responsibility, an initial compensation payment can be made by the insurer to enable certain costs to be met. This amount will then be deducted from the final settlement once agreed.

Even the very thought of making a head injury claim can be daunting, whether it is for yourself or on behalf of someone else. With expert support and guidance from a head injury solicitor, you can have confidence about the process involved and how the claim will be made.

When deciding to make a brain injury compensation claim, it is always advisable to make sure you choose an injury solicitor who has proven expertise in this area. It is worth checking for brain injury claim lawyers who are members of both Headway and the Brain Injury Group.

Headway is a leading British charity providing help and assistance to brain injury victims and their families, including rehabilitation programmes, care workers, community work and social reintegration. Lawyers have to adhere to a strict code of conduct to qualify for Headway’s recommendation. You should always make sure that your solicitor has been awarded this accreditation.

The Brain Injury Group brings together different organisations and solicitors from around the UK that offer help and support to anyone who has suffered a brain injury. All solicitors who are members of the scheme have vast experience of dealing with these types of serious injuries and getting the compensation that the injured person deserves.

When you first speak with your solicitor, have as much information to hand as possible – including details of witnesses. This will make it easier for you to answer their initial questions and obtain the best possible early advice.

For that reason, gather as much information as you can about what happened and the impact on you and your life. For instance, if the head injury was caused at work or in the supermarket, check whether the employer or shop reported the incident to the Health & Safety Executive and, if so, request any report that has been issued.

The general rule in personal injury claims is that you have three years from the date of the accident to start legal proceedings for compensation. After three years, you may be ‘time barred’ from making a claim, which could be disastrous in the event of a head or brain injury.

However, this 3-year period does not apply if the injured party lacks mental capacity to bring their own head injury claim. For example, you may be wanting to claim compensation for an adult child who was seriously injured at work and remains in hospital, they do not have the capacity to bring proceedings.

Here, the 3-year period starts to run only when they have regained their capacity. This can be a complex issue in some head injury cases, so if in doubt always talk to your personal injury solicitor.

If you want to make a claim on behalf of a child under 18, you have until they reach the age of 21 years to start a claim.

But whoever is making the claim, whether or not it is on behalf of someone else, it is always wise to start the ball rolling as soon as you can while events are fresh in your mind.

To find out how we will help you make a no win no fee claim, get in touch as soon as you can and speak with us on 0800 234 6438, or arrange a call back using the claim form on this page.

CASE STUDY

In 2020, a boy who suffered serious brain injuries aged 11 after being hit by a car seconds after he got off a school bus, won £2.7 million in a compensation settlement reached with the driver’s insurance company