Brain injury caused by a car accident can be a devastating and life-altering event and if you or a loved one were victims of this because of another person, this article can help. We aim to explain with a case study how rules and law protect us on the roads, in the workplace, and in public.
Our advisors offer free legal advice about how you can build a claim with a personal injury lawyer in any of these three areas and seek compensation from the person that harmed you. You may have already been considering a claim for a road traffic accident but had reservations, such as:
- Will it cost me to start a claim against another driver?
- How do I prove my injuries and expenses?
- How much compensation can you get for a brain injury?
- What is a typical car accident injury time frame?
- Where do I find the right person to handle my case?
We can help to answer all these questions and more. Simply call our personal injury claims team and they can offer the free legal advice that could get your search for compensation started. You can get in touch right now by:
- Calling and speaking to our team now on 0161 696 9685
- Writing to us at Advice.co.uk
- Using the live support option, bottom right
Select A Section
1. A Guide To Claiming Compensation Payouts For A Brain Injury Caused By A Car Accident
2.How Is Compensation Calculated?
3. What Is A Brain Injury?
4. Top 3 Common Brain Injury Caused By A Car Accident Examples
5. Estimations Of Personal Injury Compensation Claims From Our Experts
6. What Are Special Damages?
7. Case Study: £1.2m For A Brain Injury Caused By A Car Accident
8. Get Your Free Legal Advice Today
9. No Win No Fee Policies For Victims Of Negligence
10. Our Specialist Free Legal Advice For Your Claim
11. More Resources And Guides On Brain Injuries Caused By A Car Accident
12. Brain Injury Caused By A Car Accident FAQs
Almost half a million pounds in compensation may seem extraordinary. If you know how, this figure can be feasibly calculated and our case study and breakdown of compensation demonstrates this. Our panel handles cases remotely for people across the country and is skilled at identifying the ‘hidden’ costs that can be reclaimed from your defendant.
Using the rules that protect us, we will demonstrate how to hold a negligent driver responsible for serious brain injuries to you or a loved one. We offer advice about how to use the guidance in The Highway Code as a reference for understanding just exactly how duty of care can be breached behind the wheel.
We can connect you with the right people to help and demonstrate how a claim can be made against the private motorist or the company for whom they work.
Calculating compensation for brain injury caused by a car accident requires some basic steps. Firstly:
- It’s important to establish who had the duty of care to protect your safety in that environment. During a car crash, it would be outlined under The Highway Code which we will explain in-depth further down.
- Was that duty of care breached? What exactly did the other driver do that caused the accident and injury?
- Did you suffer injuries as a result? This is key, as claims cannot be made on the basis of an accident alone. To qualify, you must have been the victim of preventable harm.
With these foundation details in place, it’s possible to then gain medical evidence to prove the full extent of your injuries and base potential compensation amounts on the strength of them. The service that we offer our readers aims to introduce you to a lawyer who is skilled in calculating two types of compensation and can evaluate your claim fully and correctly.
At the conclusion of our article, we explain how you can get in touch with a lawyer who could help with no upfront cost to you and has the necessary experience to help your case succeed.
Brain injury can take many forms, from a slight bump or minor concussion to debilitating atrophy of all cognition, except for basic human motor functions. Given the complexity of the human brain, it can be difficult to accurately predict how injury to the brain might affect the individual. Brain injury can occur in the following general ways:
- As a birth defect
- During oxygen deprivation during childbirth or other ante-natal procedures
- From a blow to anywhere on the head
- As a consequence of toxic ingestion or chemical allergy
The brain is protected by the robust bones that make up the skull. But there is a limit to their ability to protect and the repercussions of high-speed collision or impact can easily cause damage. The brain regulates and governs every aspect of normal human function and injury can create an array of health problems that can, in some cases be permanent. Injury can cause some or all of the following:
- Headaches and decreased mobility
- Slurred speech and cognition issues
- Personality alterations
- Incontinence and loss of speech
- Failure to respond to basic interaction
- Unconsciousness or coma
- Complete deterioration of motor function
However, it is possible to recover from milder forms of brain injury and regain the co-ordination or function needed for normal living. Many people do. Our case study, shown later in the article, focuses on someone who was badly brain damaged and completely disabled for life by a motorway collision. Our team can help with every degree of severity, just call to discuss.
It’s important to note that serious head injuries can result from any type of RTA. Even whilst wearing seatbelts, whiplash and other injuries can involve damage to the head and neck. Common car accidents take various forms such as:
- Head-on collisions
- Low-speed accidents
- Cross-traffic accidents (junctions and roundabouts)
- Rear-end collisions
- T-bone or side-impact crashes
- High speed or multiple crashes
- Single-vehicle crashes
There are three areas of law that we can use to support your car accident claim for brain injury. The first relates to the Health and Safety at Work etc. Act 1974, which applies a duty of care to employers to ensure they are doing everything they can to consider the safety and wellbeing of their employees.
If you can prove that your employer permitted circumstances or ignored risks to you, and this failure to comply caused your injury, they could be liable. This is relevant if you were harmed whilst driving a work vehicle that was unfit for purpose.
The Occupiers’ Liability Act 1957 also applies a duty of care that may be relevant if you were injured because of unmaintained roads that the council (or party that controls them) knew about. Anyone in control of public space has a legal responsibility to safeguard your safety and wellbeing. Perhaps they breached this by providing a vehicle that was not roadworthy? Speak to our personal injury claims team for clarification and guidance.
The Highway Code
The Highway Code is the basis for reference for our case study—which you’ll find later in this article—as the driver that injured Mr Black was in clear breach of its rules. Large vehicle drivers have a duty to ensure that their visibility is not impaired, especially on motorways, and the ‘two chevrons’ rule is commonly accepted and practised. The negligent driver ignored this, was unable to see or stop in time and crushed Mr Black’s car in the process. Drivers must demonstrate a duty of care to each other in the following way:
- Be properly taxed, insured, and have a valid MOT
- Have a roadworthy vehicle
- Be of minimum driving age (17 in the UK)
- Pass minimum eyesight test requirements
- Not be driving under the influence of drink or drugs
- Concentrate at all times
Evidence To Support Your Claim For Brain Damage Caused By Car Accident
After you have clarified who was to blame for injuring you in a road traffic accident, you can choose to work with a No Win No Fee lawyer to assemble the necessary evidence. Your lawyer can advise on what might support your case. They might recommend that you access things such as:
- CCTV footage
- Witness contact details from the scene
- Hospital reports or A&E admissions
If you embark on making a car crash claim and use a solicitor, they can arrange a medical assessment to validate your claim for injury. If successfully proved, this could be solid evidence against your defendant. This assessment can be arranged at a location easy for you to access.
Head-on collisions can cause devastating harm. Even moderate speeds can cause grave damage. During 2019, government statistics on reported road casualties stated that:
- 1,752 people were killed in RTAs.
- 25,945 reported serious injuries.
- 153,158 accidents of all severities were recorded.
These are shocking figures. Whilst we don’t have the statistics for how many head-on collisions result in brain injury, it can be imagined that many of them could cause:
- Skull fractures
- Cranial damage such as cuts and bruising
- Tissue damage or bleeds on the brain
- Severe haemorrhaging
- Loss of sight or hearing
Any of the above would be a serious cause for concern and head-on collisions may involve a combination of these issues. Brain injury caused by car accidents can be terrifyingly simple and a split-second decision or act of negligence can devastate lives forever. The rage and frustration at being a victim of someone else’s avoidable behaviour are easy to imagine. You can speak with our friendly personal injury claims team right now to see how you could hold those responsible liable for your costs and the damage they have caused.
Whether you are in a stationary vehicle or moving, rear-end bumps can cause whiplash which can, in turn, create potential head injury. The muscles of the head and neck are connected and even at slow speeds, whiplash can create damage to the cervical spine. As a result, the victim can suffer:
- Fatigue and muscle weakness
- Numbness and tingling
- Motion nausea
- Sensitivity to sound
- Scattered and disorganized thinking
- Psychosocial problems
- Diminished IQ
As we discussed above, given the extremely fragile nature of the brain and the many different ways that even slight injury can create severe problems, even a slight shunt could cause injury. If you have started to experience any of the symptoms above after a car accident that wasn’t your fault, get in touch to see how we could help you make a claim.
Multipole Car Pile-Ups
The horror and carnage of a multi-car accident can be a harrowing ordeal for anyone involved. To suffer brain damage as a result clearly demonstrates why duty of care is so important. Lives can be wrecked because of a decision taken at high speed or whilst not concentrating. Our motorways are designed to move us from A to B quickly, but the combination of small cars and enormous lorries trying to do this at the same time can be fatal.
If you or a loved one were unfortunate enough to be involved in a serious multiple collision anywhere on the roads, it may be that someone is to blame. That person or company could be held to account for their negligence in a personal injury claim. Our team can explain the details and connect you with a lawyer who can guide the case.
Compensation is possible if it can be proved you were harmed. All motorists have a legal responsibility to display due care and diligence whilst driving and you have a legal right to seek reparation if they fail and you’re injured as a consequence.
The car accident claims process with a No Win No Fee lawyer starts with a medical assessment. The costs of extensive brain injury evaluations are part of what can be claimed back and your lawyer could help arrange this. Based on its results, they will then refer to the Judicial College Guidelines to see what comparable award amounts were given for past cases.
The JCG is a publication that tries to quantify aspects of the injury that can be difficult to assess in precise terms as they vary from person to person. Such aspects of pain and suffering include:
- Loss of personal relationships
- Loss of amenity and pleasure in life
- Mental health issues as a result
The figures in the JCG try to provide an equitable sum for these very real consequences of serious injury. Some of the highest awards they recommend are related to brain damage and this tries to acknowledge the life-altering severity of such injuries.
Special damages can boost the final settlement amount for brain injury caused by car accidents. Special damages compensate you for the financial loss you’ve accrued because of your injuries. It’s important to note that validating many of these expenses will rely on being able to prove them with the following:
- Receipts for necessary purchases
- Invoices for anyone who supplied a service that had a bearing on the injuries such as care costs from professional carers or family members who helped.
- Statements from banks etc that prove outgoings for any eventuality the injuries have given rise to.
Special damages seek to collect together and compensate you for all the out-of-pocket expenses you incurred as you attempted to deal with the repercussions of the injury. Therefore, numerous items might be eligible for inclusion in the final bill to your defendant such as:
- Lost earnings and future lost earnings
- Medical apparatus that you’ve paid for
- Modifications to the home or care facility costs
- Round the clock care requirements
- Counselling, physiotherapy, and any remedial requirements
- Any demonstrable cost or expense incurred as a result of your injuries
In a more general sense, impact to pensions, child care, loss of bonuses, or deposits for future plans can all be included. When you discuss your case with us, our team could uncover many costs that you believed were simply yours to bear as an inevitable consequence of your situation.
Tragically, Mr Black had always said how much he disliked motorway driving, but the journey he undertook on the day of his accident was necessary. Although he stuck rigidly to the slow lane, he became trapped between two freight vehicles and in the heavy rain, the visibility was breached by the truck in front. Simply not seeing him, Mr Black was crushed in his seat when the truck in front broke hard.
As a consequence of this action on the part of the driver, Mr Black suffered extensive head injuries that left him in a vegetative state. His family was left in the absolute turmoil of having to completely reorganise their lives to look after him. Unable to ever work again, the bills for household modifications and round-the-clock care became a formidable issue that his family struggled to cope with.
How A Lawyer Can Help
They decided to consult with a No Win No Fee lawyer to see if there was any help possible. CCTV footage and the police reports stated that careless driving had caused the accident and Mr Black’s injuries. Their lawyer discussed how they could start a claim against the company the driver worked for, a large nationwide haulage firm.
Working with the lawyer, the Black family was able to assemble the evidence to validate not only Mr Black’s injuries but all the subsequent financial problems his injuries had caused. Compiling these, the No Win No Fee lawyer was able to calculate a sum (as our table below shows) that realistically reflected the losses the family had suffered. As evidence against the driver, this was compelling. His employers admitted liability and the case was settled in Mr Black’s favour.
This study is just an example and obviously, no amount of compensation could ever out-weigh the loss of quality of life Mr Black suffered. It does illustrate how compensation amounts that far exceed your initial hopes can be reached in the hands of a skilled personal injury lawyer. The same could be possible for you.
|Some of the highest recommended awards in the JCG
are reserved for brain injury and the devastating
consequences and turmoil it can create for
both the victim and their family as they try to readjust. In recognition
of this, they estimate that for permanent, severe brain damage
resulting in severe physical disabilities an award bracket of
between £264,650 and £379,100 could be appropriate.
|Loss earnings (including future):
|Care from family and professional:
|Medications, prescriptions etc:
Mr Black’s case is based on past claims, but not on a real person. Its purpose is to demonstrate the claims process and how much injuries can be compensated for.
Our panel is committed to securing the best possible outcome for you. When you speak to our personal injury claims team, they are able to:
- Listen to the full details of your case
- Cut through the legal jargon for you
- Explain your options and how the case might be calculated properly using all the facts
- Connect you with a skilled No Win No Fee lawyer to possibly take up the case
- Offer free legal advice and support about your car insurance claim for brain damage
We offer a service that does not use arbitrary figures or generalised estimates. Our advisors calculate potential compensation based on facts and to arrive at a possible amount that is realistic.
Compensation amounts vary from case to case and are never guaranteed outcomes. However, when you explain your case in detail to our friendly team you can rest assured that a skilled team is working on your behalf for the most positive settlement.
No Win No Fee agreements are an excellent way to use the services of a lawyer. Designed to help you get immediate affordable legal representation, there are numerous other benefits to our service, such as:
- You don’t need any prior experience with lawyers.
- There are no fees needed upfront to hire the lawyer.
- As your case proceeds, there are still no solicitor fees to be paid, basically giving you unlimited free legal advice.
- If your case fails, there are no fees to be paid to your lawyers at all.
- Successful cases require a small commission to go to the lawyers as a fee for their services on your behalf.
- This amount is set low by law to ensure you receive the bulk of the money.
- Many cases are settled out of court when handled by a professional. This spares you the pain or indignity of a protracted case.
- You can start a car insurance claim for compensation yourself, but our service deciphers the legal jargon and offers you a swift way forward with your case.
Fast, precise and excellent value for money, No Win No Fee arrangements are an excellent way to work with a lawyer and win the compensation you or a loved one deserve after everything they’ve been through.
To sum up, we hope that the free legal advice in this article has helped in your decision to start a car insurance claim using a No Win No Fee arrangement. Whether the brain injury caused by a car accident was the result of a head-on collision, cross-traffic accidents, low-speed accidents, or single-vehicle crashes, if another party was negligent, we can help. To see how a personal injury claims calculation could look for you, please:
- Call and speak to our team now on 0161 696 9685.
- Write to us at Advice.co.uk.
- Use the live support option, bottom right.
- There is a car accident injury settlement time frame of three years, so don’t delay.
We can also advise on PTSD compensation for the trauma of the accident, which could also increase the final settlement amount you might receive.
We offer more free legal advice on road traffic accident claims.
Our team is available 7 days a week to discuss your case and you can also help with work accident claims.
Find out more about head injury claims in our guide to claiming.
The financial fallout of brain injury caused by a car accident can be enormous. For advice on care costs for either yourself or a loved one, please refer to the NHS website.
Headway is a charity concerned with severe brain damage and could support you or a loved one.
Help and advice on using the NHS to its best advantage can be found on their services page.
Can you recover from brain damage?
Many people recover and go on to lead full and productive lives
Does brain damage lead to early death?
In severe cases, traumatic brain injury can result in shortening life expectancy.
How do I know if I have brain damage?
Many of the symptoms described above can point to brain damage after a blow to the head. Always seek medical advice if you have suffered a head injury as damage is not always instant or immediately apparent.
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Published by HE