This guide covers important aspects you may need to be aware of when claiming compensation for a head injury. We delve into many key subjects relating to both head injuries and the claims process. This guide shall examine what personal injury claim payouts entail, what head injuries are, how they may be suffered in accidents as well as who has a duty of care for your safety. It goes further to look at how compensation is calculated when two Heads of Loss are combined. And we explain why you may benefit from a No Win No Fee personal injury solicitor.
If you wish to read ahead, simply use our list of headings below to visit the most relevant sections to you. In the meantime, though, keep in mind that you can contact us at any point. Our advisors can offer free legal advice through a no-obligation consultancy session. Here you are able to have your questions answered without the need to pursue a case if you do not want to. To talk with an advisor, you can telephone 0161 696 9685, complete the contact form or use our Live Chat.
Choose A Section
- A Guide To Claiming Compensation Payouts For A Head Injury
- What Is A Head Injury?
- How Can You Suffer A Head Injury At Work?
- Head Injury In A Public Place
- How Can You Suffer A Head Injury In A Road Traffic Accident?
- Find Out About The Personal Injury Compensation Calculation Process
- What Are Special Damages?
- Case Study: £19,500 For A Head Injury
- Get Free Legal Advice From Our Friendly Team
- Breakdown Of No Win No Fee Claims Policies
- Discuss With Specialists For Free Legal Advice
- More Resources And Guides On Head Injuries
- Head Injury FAQs
In this guide, we’re covering several major topics that you should know when claiming compensation for a head injury. They include:
- The symptoms and recovery time for a head injury;
- Identifying negligence as the primary cause for the injury;
- The three main areas covering accident injury claims;
- How personal injury lawyers could calculate your potential compensation;
- An explanation of a No Win No Fee policy;
- The most common questions that people may ask about head injury claims.
Personal Injury Claims Time Limit
Now, you have up to 3 years in which to make a claim. Note that the legal process could last for a long time beyond the end of that window. But as long as you state your intention to claim within 3 years of the date of the accident or the date of knowledge. Waiting too long could prevent you from receiving a settlement, even when someone else is clearly at fault. The time limit can vary depending on extenuating circumstances. Contact us if you wish to know more about these guidelines.
The term “head injury” could be vague, but it’s worth knowing how much this covers. So, a head injury refers to any injury impacting the skull, brain and scalp. This also means the tissues, bones and blood vessels within the head as a whole. Note that the knock-on effect of one area suffering trauma could cause problems for other areas. And this could mean serious health difficulties that may have a life-changing impact on the victim.
The typical symptoms include a headache, pain, nausea, memory loss, vision problems and dizziness. For a more serious head injury, there could be unconsciousness which may indicate bleeding of the brain. And a concussion is another tell-tale sign of a severe head injury. When it comes to brain damage this can range from minor issues that affect a person’s concentration or memory to severe brain injuries where a person may no longer be able to follow basic commands.
The recovery time for a head injury depends on how significant the impact is. At its lowest level, the recovery period could be as little as weeks. But for many brain injuries, it’s likely that the victim needs a couple of months to recover. Now, for a serious brain injury which includes surgery, the recovery period might be years. And the lasting effects may never leave the victim. For any further advice on this topic, please talk to one of our team today.
For any compensation claim to be a success, it requires you proving the negligence of a third party. Sometimes, the evidence is overwhelming; other times, personal injury solicitor must dig deep to produce the proof. In any event, though, a third party who breaches a duty of care that they owed you, with you being hurt, as a result, is necessary for your claim to be viable. And if that applies to you, then you could start to consider pursuing a claim.
Now, there are three main areas which are covering most injury scenarios where you are owed a duty of care. We begin with employer’s liability (EL), where an employer has a duty of care towards their staff. This is an important part of the Health and Safety at Work etc. Act 1974. So, an accident at work could potentially be a breach of duty if the circumstances prove to be avoidable. One potential workplace accident could see you inadvertently struck with a heavy object on the head. Even if it wasn’t intentional, but due to negligence of your employer or another employee you may have grounds for a head injury compensation claim. Speak to our helpful team for additional guidance.
Another example comes with an accident in a public place. Those in control of public places could be liable if a person on their premises is injured due to them failing to adhere to the correct legislation. And this applies a duty of care courtesy of the Occupiers’ Liability Act 1957.
For instance, perhaps you suffer a head injury at a restaurant by tripping over produce left in the aisles. And the impact could be you suffering a concussion and facial disfigurement. If that happens, the lack of safety measures for customers could see the owner liable. And that could deem those operating the restaurant as acting with negligence and thus being responsible. To find out more, just leave a message on the Live Chat, which you can see in the bottom corner.
The final major area concerns road traffic accidents (RTA). The Highway Code’s duty of care is a requirement for drivers, cyclists and even pedestrians to follow. But sadly road accidents still occur. A serious head injury could be the consequence of a car crash, with the other motorist having demonstrated negligence. And a multiple injury claim could be the outcome if the victim suffers multiple injuries beyond merely the head. Telephone us via the number above for extra information.
Personal injury lawyers can help to determine what compensation you could claim. Very often claimants are tempted to use an online personal injury claims calculator to get an idea of what amount of compensation they could achieve in a successful claim. These online tools may not always give accurate estimates. Compensation claims take into account no only your pain and suffering but also your financial losses. A compensation calculator does not take into account the financial implications which can have a huge bearing on the amount you may be awarded.
A key aspect of the compensation calculation process, though, is your medical assessment. This requirement of the claims process highlights the full extent of the damage you’ve suffered due to your head injury. It also covers the potential long-term repercussions if the injury is severe. All of these points and more come from the medical check, which is invaluable towards the viability of your case.
Now, the settlement itself comes in two forms, and we’re covering one of those, special damages, in the next section. General damages, though, handle the immediate aftermath of the head injury by focusing on the injury itself. That includes physical pain and suffering, along with any long-term brain damage for a serious injury. This also covers any mental trauma and a loss of independence or mental control due to the accident. All physical and psychological effects must be a consideration when it comes to general damages. Leave us a message online to ask any questions about general damages.
As for special damages, then, these take care of financial losses and expenses that the injuries have caused. So, an example may be an inability to work, thus meaning months without income. And if for some reason the victim doesn’t receive statutory sick pay (SSP), that also becomes a factor.
Elsewhere, medical expenses could prove to be significant, especially if the victim suffers a severe head injury. That might lead to costs towards hiring a nurse or carer to look after the victim, possibly permanently. And then there are public transport costs if the victim is unable to drive while they make their full recovery. These are just some of the numerous examples of special damages for a compensation claim concerning a head injury. To enquire about special damages, speak with a member of our knowledgeable team at any time of your choosing.
Mr Bingley, 40, worked as a sales consultant. His expertise and wisdom had benefited the company for many years, and he was an integral part of the team.
One evening, Mr Bingley went with his friends to see a concert at their local arena. Upon leaving, he and the group were told to exit the arena in a particular direction. This was to control crowd congestion and to ensure that people could leave within good time. However, as he went to descend the stairs the handrail broke off in his hand and he fell to the bottom of the stairs.
He landed around five feet below and was knocked unconscious by the fall. Mr Bingley was initially unresponsive, with his head cut open. And when he was revived by on-site medics, he remained confused and dizzy.
Mr Bingley was taken to his local hospital. There, he was diagnosed with a serious concussion and minor trauma to the brain. Doctors kept him in the hospital to monitor his condition in the event that it worsened. Thankfully, Mr Bingley was able to recover sufficiently. He was told, however, to recuperate at home until a time that he had fully recovered.
Upon reflection, Mr Bingley was badly shaken up and also deeply upset at those operating the arena. In any event, the consequences were significant, as Mr Bingley had been hurt severely.
After talking with a personal injury solicitor, Mr Bingley filed a compensation claim for his head injury against those operating the arena. He still suffered from slight problems such as memory loss and concentration issues. When the solicitor investigated Mr Bingley’s claim it came to light that the defected handrail had been that way for quite a while. The duty of care breach via the Occupiers’ Liability Act 1957 had been breached. Mr Bingley received £19,500 in compensation: £11,980 for general damages along with £7,020 for special damages.
|Type Of Special Damages
|Lost earnings from being unable to work for 3 months
|Costs of medical treatment during his recovery
|Costs of using public transport for journeys
|Other costs relating to his injury
Note: This example case study is not based on real events but experiences from dealing with personal injury cases.
After reading the head injury case study, you may still have some questions before committing to a claim. That’s why we provide a free consultation before you decide whether or not to pursue your case. This allows us to explain the process of making a claim, the requirements of the legal process and a feasible compensation target. And this allows you to understand what you have to do in order for your case to succeed. But we’re confident that if both sides agree to pursue the claim, it means you have a viable case. And that suggests you may have high odds of successfully receiving compensation at that point. Learn more by contacting us via our 24/7 Live Chat service.
You may be familiar with the term “No Win No Fee agreement”. But do you know what it means? Well, let’s say that you do decide to claim for your head injury. And let’s say that you work with a No Win No Fee solicitor. In that scenario, you’re only required to pay your personal injury solicitor’s legal fees if you receive compensation. That payment comes in the form of a success fee which has a legal cap to protect your settlement figure.
This means that you don’t pay anything at the first point of contact. Plus, it means that you don’t have to pay anything while the case is in progress. But most of all, it means that, if your case doesn’t win, you don’t pay your personal injury solicitor. That’s right, your legal representation only receives payment from you if they can win your case. Find out more by calling us up on any day of the week.
All that remains is for us to have a conversation with you about your own potential case. Keep in mind that simply talking to our friendly team doesn’t mean you have to commit to taking action. You should only make a final decision on making a claim when you feel ready and confident in doing so.
Assuming that you are at that stage, though, we can definitely help. And we’re accessible 24/7 whenever you wish to get in touch. If our advisors think you have a valid case for compensation they could refer you to No Win No Fee personal injury solicitors. So, to contact us today, you can call 0161 696 9685, fill in the online form or leave a message on the Live Chat.
After reading this guide about claiming compensation for a head injury, you may still require some additional information. That’s why we have the six links below for you to check out. They may enhance your knowledge of the topic as well as offering further points about the process.
Amongst these is our breakdown of No Win No Fee agreements.
We also go into greater depth on slips, trips and falls.
And we explain compensation claims for an accident that isn’t your fault.
As for the NHS, they have a page covering minor head injuries.
Then, they go on to describe severe head injuries.
And they provide a full explanation about concussions.
What are the common symptoms of a head injury?
The usual symptoms include a headache, nausea, dizziness, memory difficulties, neck pain, vision issues and ears ringing.
How can you tell if a head injury is mild or serious?
If the above symptoms also include unconsciousness and/or the victim suffering a seizure, this could indicate a severe head injury.
What about a concussion stemming from a head injury?
Concussion symptoms could begin later in the same day, or possibly as long as 48 hours after the original accident.
Could I potentially suffer bleeding of the brain due to a head injury?
Yes, this could happen.
Page by KG
Published by AL.