In this article, we give you a case study of a fractured skull injury claim that won compensation and we look at how our panel of personal injury lawyers could do the same for you. A simple chat is all it takes to see if you could be owed thousands. Our valuation service can cut through the legal jargon and help you understand how much your claim could be worth.
Starting a negligence case may raise concerns such as:
- Will it be expensive?
- Is it time-consuming?
- Who is to blame and how will I prove it?
We will explain the laws and rules that protect your right to be safe and show you what evidence can support your claim. Our advisors offer free legal advice to set you on the right path to winning the fullest compensation possible.
You can click on the highlighted text throughout this article for more information as you read, or call us on 0161 696 9685. Our friendly team is available to speak right now or if you’d prefer to write, drop us a line at Advice.co.uk.
Select a Section
- A Guide To Claiming Compensation For A Fractured Skull Injury
- What Is A Fractured Skull Injury?
- How Can You Suffer A Fractured Skull Injury At Work?
- Fractured Skull Injury In A Public Place
- Can A Road Traffic Accident Cause A Fractured Skull Injury?
- We Can Calculate Your Personal Injury Compensation
- What Are Special Damages?
- Case Study: £723,000 For A Fractured Skull Injury
- Free Legal Advice On Your Case Value
- Criteria For No Win No Fee Claims
- Our Team Can Give You Free Legal Advice
- More Resources And Guides On Fractured Skull Injuries
- Fractured Skull Injury FAQs
Firstly, it’s fair to assume that most people may not have had extensive experience in hiring personal injury lawyers. We understand this and start by explaining the basics, such as duty of care and how to establish who owes it to you.
To ascertain whether you could claim for negligence, ask yourself these three important questions:
- Who had a legal responsibility to protect my health and safety where I had my accident? (This is called duty of care.)
- Did they breach that duty?
- Did it cause me injury? (This is important as you cannot start a negligence claim simply for an accident.)
Duty of care is an important legal concept and we will look at how it can be breached in the workplace, in areas accessible to the public, and on the roads.
At the conclusion of our article, we show you where to get in touch with expert No Win No Fee lawyers who could take your case on and do the following:
- Listen to you
- Help you gather evidence/medical proof
- Value the potential settlement amount properly
- Guide it to a successful outcome
Our panel has over three decades of experience handling cases like this and will work tirelessly on your behalf to get you fractured skull injury claim compensation. Speak to our team now for guidance.
A fractured skull is arguably one of the most serious injuries we can suffer. The skull is remarkably tough to protect our brains and ensure the safe and normal functioning of this vital organ. The skull is actually made of several plates that fit together tightly around the brain. They have a degree of flexibility but impact can create one of several types of injury including:
- Decompression fractures (which look like a dent in the head)
- Compound fractures
- Hairline fractures
- Cerebral contusions (bruises on the brain)
Any of these can cause subdural hematomas (bleeding on the brain) which in turn can result in seizures, unconsciousness, coma, and death. Even a slight blow to the skull could require a CT scan or neurosurgery. The NHS provides more detailed information on severe head injuries.
How Can You Suffer A Fractured Skull Injury At Work?
Statistics about the exact kind of accidents people have at work can be difficult to obtain. But there are yearly figures covering workplace injuries. Some examples are:
- 693,000 people reported an injury at work during 2019/2020.
- 111 workers were killed.
- 65,427 people had injuries serious enough to report through RIDDOR.
- There were a total of 38.8 million working days lost because of this.
Alarming, aren’t they? The workplace can be a dangerous place. So how do we make it safer?
What Is An Employer’s Duty Of Care?
There are laws that oblige all employers in the UK to consider your safety at work. This applied duty of care is outlined in the Health And Safety At Work etc. Act 1974 and its general requirements for employers are as follows:
- Provide a safe environment as far as is practical.
- Ensure the welfare of all their employees.
- Maintain all equipment and correct procedures.
- Give correct training and supervision.
- Carry out regular safety checks.
- Liaise with health and safety representatives.
- Look after the health and safety of visitors and members of the public on their premises.
When working well, this duty of care can create a safe workplace. Whilst accidents can always happen, even in the safest places, these rules aim to restrict hazards to a minimum. However, if they are breached and you get hurt, you may have legal grounds to seek compensation through a fractured skull injury claim.
How Can My Employer Breach Their Duty Of Care?
Employers can breach their duty all too easily if they choose to ignore the guidelines above. Cutting corners on safety procedures is a fool’s economy. The claims against the company insurance that could result from the accident might far outweigh the costs of simply abiding by the rules. Lapses include:
- Cleaning procedures carried out without warning, causing slips
- Poorly stored objects in pathways creating trips
- Badly lit areas or missing floor markings causing falls
- Fire exits obstructed
- Hygiene in canteens causing poisoning issues
- Falls from unsafe levels
- Badly maintained machinery or inappropriate tools
- Exposure to toxic materials without the correct PPE
It’s important to note that there could be many other examples and your fractured skull injury may have been a result of a combination of factors. The principle remains the same—if you believe you suffered injury from an accident that only happened because of negligence on the part of your employer, speak to our team today.
We may move around our environment with a natural assumption that we are not threatened by hazards and that everyone is considering our safety. Our free legal advice service can explain what you can do if you were unlucky enough to be a victim of an injury anywhere, including the following locations:
- Shopping arcades and retail parks
- Leisure centres
- Parks and beaches
- Pavements and streets
- Any local authority-run area
- Libraries and schools
- Any privately-run area that is accessible to the public
The Duty Of Care Of Those In Control Of Public Places
The law looks after us here as well. The Occupiers’ Liability Act 1957 applies a duty of care to the ‘occupier’ or person in control of an area that is accessible to the public.
It’s possible for the occupier to take reasonable steps to protect your safety, for example by displaying visible disclaimers or ‘private property’ signs to warn you.
There are other things the Act outlines. For example:
- Occupiers have a responsibility to consider and protect the safety of all visitors.
- Their premises can include buildings, certain vehicles, or open land.
- The occupier does not have to be there personally.
- The occupier should avoid obvious risks like stacked materials, blocked access, fire-exit obstacles or overcrowding.
- They should accept that children may not be as careful or use things properly and make provision for that.
- They should maintain facilities so that they are safe as long as they are being used properly and lawfully.
- Occupiers should clearly indicate private areas where there might be trespassing.
The law is detailed. Perhaps you encountered an injury in a public place and you’re not even sure who might be responsible? For free legal advice and help to possibly start a claim for compensation, speak to our team. Our advisors can properly value the potential compensation and set your fractured skull injury claim off properly.
How Can This Care Be Breached?
What can specifically put us at risk? What can expose those in control of an area to negligence claims? Well, you may slip on a spillage that’s unattended in a shopping area. You could cut yourself on sharp-edged fittings or walk into glass doors that are not properly marked.
Falling objects might account for an accident as specific as a fractured skull. All occupiers have a responsibility to ensure that their displays and stock are properly stored to prevent this. In gyms and leisure centres the equipment must be regularly checked to make sure it’s fit for purpose.
Statistics can once again validate the serious risks involved in travelling on the roads. With 1,752 deaths, 25,945 serious injuries and 153,158 casualties of all severities reported during 2019, it is clear that road traffic accidents aren’t uncommon. So how can duty of care protect us on the roads?
Duty Of Care Of Road Users
The Highway Code obliges all road users to display and demonstrate a duty of care to each other. This is achieved in many ways. Everything from having valid car insurance to not driving under the influence of drink and drugs plays a part in the consideration of other road users.
Care and diligence are essential requirements for obvious reasons. A split-second lapse in concentration or an erratic impulse behind the wheel can devastate lives. Injuries that result in PTSD can also form part of your claim as you try to deal with the trauma of a serious car crash injury.
How Can A Road User Breach Their Duty Of Care?
Possibly, we’ve all encountered someone on the roads who was not showing due diligence and care in regard to their fellow road users. You could make a claim if you’re injured because a road user was:
- Driving under the influence
- Looking at a mobile phone
- Overtaking on the inside lane or other examples of flagrant disregard to the Code
- Jumping lights
The Motor Insurers’ Bureau (MIB) is an organisation that seeks to help the victims of uninsured or untraceable drivers that caused them injury.
The other driver should stop and the police may attend. Many roads have CCTV cameras now. If you consult with a No Win No Fee lawyer, they will explain how to collect this evidence and witness contact details. Speak to our team now for help with this or to learn more about making a fractured skull injury claim.
We offer free legal advice when you call our team to discuss your case. It’s a no-obligation chat to see how we might refer you to a panel of lawyers who can properly evaluate the losses you’ve endured. A No Win No Fee lawyer acting on your behalf would look at general damages for you.
General damages are an attempt to fix a compensation amount for:
- The pain and suffering caused by your injuries.
- The mental health impact of what happened.
- Any loss of amenity and pleasure in former activities.
It’s difficult to precisely gauge abstract concepts like ‘pain and suffering’ as each person will have a different threshold in such matters. So with this in mind, your personal injury lawyer may refer to the Judicial College which provides guidelines for injury compensation amounts drawn from the outcomes and awards of similar past cases.
They are only guidelines and not absolute guarantees, but our table in our case study section shows how a figure can be reached using general damages and special damages.
Special damages compensate you for financial losses. Sudden injury can be disruptive and expensive and may generate a whole array of new and immediate money concerns. As life stops and you try to concentrate on healing, the household bills or medical costs can continue to roll in unabated.
Ordinary daily tasks can be suddenly impossible without help—help you may need to pay for. Work may be out of the question and your rent or mortgage could slip into arrears. These horrifying consequences of an accident that was not your fault do little to aid a speedy recovery. Fortunately, we can help.
Your No Win No Fee lawyer should show you how you could record and gather together the receipts, bills, and records of all these unforeseen and unwanted amounts, such as:
- Inability to work and the loss of earnings it might create
- Any future earnings potentially lost
- Care costs for anyone (family or professional) who helped you shop, cook or clean, etc.
- Rehabilitation, physiotherapy, and counselling costs to cope with healing issues
- Costs of travel to and from hospital appointments
- Any damage to your personal property during the accident: mobile phone, clothing, spectacles, etc.
- Impacted pension contributions or attendance bonuses at work
- Lost deposits for future planned and cancelled events
- Pet care and gardening or any task that cannot be performed personally
- Any other cost that you can directly prove was the result of your injuries
Mr Grey had been looking forward to attending the concert for some time. He had never visited this stadium before and had good tickets so wasn’t particularly concerned when the venue seemed to be getting rather too full. Hundreds of people kept crowding in before the event was due to start and he felt himself being pushed closer to the barrier that he was sat next to.
Squashed now, he moved as far up as he could but the barrier gave way and he fell one-story onto the concrete auditorium floor below, fracturing his skull in the process. An ambulance rushed him to the hospital where he was diagnosed with linear parietal fractures causing bleeding on the brain.
The prognosis for the future wasn’t great. The fall had exposed him to an increased risk of degenerative brain conditions such as epilepsy and Alzheimers. He might need to take medication for the rest of his life. He decided to sue the venue operators.
It transpired that the concert organisers knew the venue was not suitable for the number of people they had sold tickets to and failed to carry out the proper barrier safety checks.
Mr Grey hired a No Win No Fee lawyer and began to work with them to build a fractured skull injury claim. The lawyer arranged for an in-depth medical assessment that more than amply demonstrated the direct health impact of the accident and gave a detailed prognosis.
The concert and venue operators admitted liability and he was paid out. Each detail of his case helped to construct a compensation award that eventually won him almost a million pounds. He claimed £175,000 in general damages and £548,000 in special damages. Our table demonstrates:
|The JCG have several brackets of suggested awards for
brain damage. The most appropriate to our case involve moderate to severe intellectual
damage, risk of epilepsy and danger to employment prospects for life. The bracket is £140,870 to £205,580.
|loss of earnings for at least 20 years
|care costs and family’s gracious care for foreseeable future
|private rehabilitation, counselling and physiotherapy
|modifications to Mr Grey’s home
|travel costs to regular hospital appointments
|loss of attendance bonus at work
|cancelled holiday plans
The case of Mr Grey is fictitious and is purely an example of what is possible to claim. With all the details and evidence in place, it is possible to calculate an amount that can properly address your injuries and financial loss.
In the case study above, Mr Grey was able to claim a significant amount due to the severity of his injuries and the unique impact they had on his life. Had his injuries been worse, he may have claimed more. Had his financial loss been minor, he may have claimed less.
In this guide, we try our best to help you understand how your injuries could be valued. However, if you would like a free estimate specific to your case, call our expert advisors. They’ll listen to your circumstances, ask questions and give you an educated estimate of what you could claim.
They’re on hand 24/7, waiting to take your call or messages. And you’re under no obligation to proceed with our services after getting your free estimate. But, if you’d like them to put you in touch with our panel of personal injury lawyers, they can do so.
No Win No Fees agreements have many advantages, but perhaps the first is the immediate access to legal advice it presents. If money concerns are stopping you from funding a solicitor, don’t worry. There’s nothing to pay upfront for No Win No Fee. There are other benefits too:
- As well as no upfront fees to pay the lawyer, you don’t have to pay fees to the lawyer as the case proceeds, however long that may take.
- If your case does not win, there are no lawyer fees to pay at all.
- Your lawyer will only take a fee if the case wins.
- This fee is low and kept low by law.
- You only need to pay this fee when you’ve received the full settlement payout from your defendant.
- Throughout your case you should receive quality legal advice and support.
All these advantages make No Win No Fee the natural choice for many. Our service can help you benefit today and when you discuss your situation with our team, you could be on the way to a significant settlement amount for your fractured skull injury.
They will run through a quick, informal assessment of what happened that day but there’s no obligation to proceed with us and no charge for this service. You can start a negligence claim on your own, but why make it harder for yourself?
In conclusion, our service is simply designed to give you advice on a proper evaluation of potential damages and guide you to the settlement you deserve. Get in touch today to see if our panel of lawyers could help you with a fractured skull injury claim.
We hope that this article has:
- Helped in your decision on whether or not to start a case against a negligent employer, occupier, or road user
- Given you the confidence to proceed with our No Win No Fee lawyers
We recommend that you get in touch today. You can:
See how our service works and read more details on how we can help you.
Read our guide for further understanding on starting a workplace accident claim.
We also offer in-depth advice on starting a claim against a road user.
Read about fractured skull injuries in more detail.
Take a look at the HSE’s 2020 workplace accident statistics poster.
Explore the NHS’s guide to the potential costs of self-funded care.
What is the heal time for a fractured skull?
This largely depends on the severity of the injury. The medical assessment can establish the extent of the injury but a recovery time of 6-8 weeks with residual headaches is not uncommon.
How do doctors fix a broken skull?
Surgery can be required and metal plates are inserted in severe cases. The general upheaval and adjustment to this sort of injury can be significant and many trips to the hospital could be necessary.
What are the long term effects?
Headaches, increased risk of stroke, bleeding on the brain, seizures, and epilepsy can all be the long term consequences of a fractured skull. It can be a very serious injury and if it was caused through someone else’s negligence, you can be supported every step of the way in making a claim.
Thank you for reading our guide to making a fractured skull injury claim.
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