By Danielle Nicholson. Last Updated 22nd December 2023. If you have suffered a concussion because another party breached their duty of care, then you may be entitled to claim compensation for your head injury.
Within this guide, we’ll explain more about different scenarios where a concussion injury may occur and the duty of care another party may have owed you in these situations. Also, we’ll share some potential compensation payouts for concussion injuries and how they’re calculated. Other aspects of concussion claims are covered in this guide, including time limits and making a claim with a No Win No Fee solicitor.
If you have any questions about making a claim for concussion compensation, you can contact our team today. Our friendly advisors are available 24 hours a day, 7 days a week, to help answer questions and provide free advice.
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Select a Section
- What Is The Criteria For Making A Concussion Claim?
- Compensation For Concussion – How Much Could You Receive?
- Common Causes Of Concussion Injuries
- How Long Do I Have To Make A Concussion Injury Claim?
- Evidence For A Concussion Compensation Claim
- No Win No Fee Concussion Injury Claims
- Further Resources
There are several day-to-day situations in which you could suffer a head injury. However, in order to make a personal injury claim, you must satisfy the criteria. This means that you must prove that you suffered your head injury because a liable party breached the duty of care that they owed you.
Whether or not you were owed a duty of care, and by who, can change depending on the situation. For example, you may have been owed a duty of care if you were injured in:
- A public liability accident: While you are in a public place, such as a shop or park, the controller of the space owes you a duty of care. This is set out under the Occupiers’ Liability Act 1957. It means that the organisation or individual must ensure your reasonable safety. If this duty is breached and you suffer an injury as a result, you could claim concussion compensation.
- An accident at work: While you are at work, your employer owes you a duty of care. This is set out under the Health and Safety at Work etc. Act 1974 (HASAWA). It means that they must take all reasonable and practicable steps to keep you safe while working. Should your employer breach this and you suffer a head injury as a result, you might be able to make a concussion claim.
- A road traffic accident: Road users owe each other a duty of care to navigate in a way that prevents injury and damage to themselves and others. As part of this duty, road users must comply with the Road Traffic Act 1988 and the Highway Code. Should you suffer injuries due to a driver’s breach of this duty, you could be eligible for compensation.
If you have any questions about making a claim or if you would like to check your eligibility, speak with an advisor from our team.
When making a claim for a concussion or head injury, compensation payouts may include general and special damages.
General damages aim to compensate you for the pain and suffering your injury has caused you, as well as how your quality of life has been affected.
To help you understand how much you could potentially receive in general damages following a successful claim, we have created the table below. We have used the amounts listed in the 16th edition of the Judicial College Guidelines (JCG) when creating this table. We have used the JCG as it lists compensation brackets for various injuries. It is also used by many legal professionals to help them value claims.
However, it is important to remember that there is no average compensation for a head injury that we can provide. This is because various factors will affect your claim, meaning compensation awarded is decided on a case-by-case basis. So please only use this table as a guide. Please also note that the first entry in the table is not taken from the JCG.
|Multiple serious injuries and expenses
|The settlement may include compensation for pain and suffering for multiple injuries plus expenses such as loss of earnings and carer costs.
|Up to £1,000,000
|Very Severe Brain and Head Injury
|The person will require full-time nursing care, they may also experience little no language function and will not be able to meaningfully respond to their environment.
|£282,010 to £403,990
|Moderately Severe Brain and Head Injury
|The person may experience limb paralysis with an intellectual impairment. They will need constant care.
|£219,070 to £282,010
|Moderate Brain and Head Injury: (i)
|A severe intellectual deficit with an impact on speech and sight, with a personality change.
|£150,110 to £219,070
|Moderate Brain and Head Injury: (ii)
|A risk of epilepsy, with a modest intellectual deficit. The person’s ability to work is significantly reduced.
|£90,720 to £150,110
|Moderate Brain and Head Injury: (iii)
|The person’s memory and concentration are affected. There is also a slight risk of epilepsy.
|£43,060 to £90,720
|Less Severe Brain and Head Injury
|Following a good recovery, the person will be able to participate in working and social life. However they may still struggle with concentration.
|£15,320 to £43,060
|Minor Brain and Head Injury
|Any brain damage will have been minimal. Various factors will also affect how much is awarded.
|£2,210 to £12,770
|Established petit mal epilepsy. Various factors such as the prognosis and behavioural problems will affect how much is awarded.
|£54,830 to £131,370
In a personal injury claim, special damages may cover:
- Travel expenses – Whether you drive yourself to appointments and have to pay for gas or petrol, or if you take a bus or a train, you could claim the costs back.
- Care costs – If you experience symptoms of concussion such as confusion or memory problems, you may need a carer to help you carry out tasks such as food shopping.
- Loss of earnings – A concussion might leave you needing time off work. However, this time off work can leave you at a loss in terms of your earning capacity. If you are concerned about a loss of future earnings, you may also include this in your claim.
Get in touch, and we can connect you with a personal injury solicitor from our panel. They’ll assess any special damages alongside general damages to give you a more realistic figure of the compensation for a head injury you might be awarded.
As discussed earlier, if you would like to make a concussion injury claim, you must be able to prove that the head or brain injury, such as brain damage, occurred in an accident that happened due to a breach in a duty of care that was owed to you. There are various ways in which you could suffer brain damage and concussion related injuries. These include:
- You could suffer a blow to the head in a workplace accident if an object falls from a height. For example, when working on a construction site, your employer may have needed to provide you with personal protective equipment (PPE), such as a helmet or hardhat, for you to safely carry out your work duties.
- In a car accident, the momentum following a crash could result in your head hitting the windscreen or the seat in front of you causing brain damage and concussion symptoms.
- Road traffic accidents could also cause a severe brain injury. For example, if a cyclist is knocked off their bike by a car.
- A slip, trip and fall could result in head injuries. For example, if there’s no wet floor sign either in a public place or at work to notify you of a spillage, you could slip. Additionally, a fall down the stairs could result in very severe brain damage if the stairs were uneven, there wasn’t a railing, or the railing was broken, or there was insufficient lighting.
The list above only contains a few examples of situations that can result in a head injury. If you would like to discuss the circumstances behind your concussion injury and find out whether you could claim compensation, please contact an advisor from our team.
When making a personal injury claim, you will need to ensure that you start legal proceedings within the correct time limit. Under the Limitation Act 1980, you will generally have 3 years to start your claim. This runs from the date that your accident occurred.
There are certain exceptions to this limitation period. This applies to those:
- Under the age of 18 – In this case, the three-year time limit will not begin until their 18th birthday. Alternatively, a litigation friend could start a claim on the injured party’s behalf prior to this date.
- Who lack the mental capacity to make their own claim – In these cases, the time limit is frozen indefinitely, and a litigation friend could act on their behalf. However, should the person regain this mental capacity, and no claim was made for them, they will have three years to do so from the date of recovery.
If you have any questions regarding how long you may have to claim concussion compensation, you can contact our advisors.
If you would like to make a personal injury claim for concussion compensation, you must collect sufficient evidence. This can help prove who is responsible for your injuries, as well as how severe they are. Here are a few examples of the evidence you can submit to support a concussion claim:
- Medical evidence: For example if you seek medical advice following a brain injury, the medical reports this generates can support your case when claiming comepnsation. These can help illustrate the severity of your head injury as well as what treatment you required.
- Videos of the accident: For example, if your accident was recorded on CCTV, this could potentially be used as evidence.
- Witness contact details: If anyone saw the accident that caused your injury, you can collect their contact information so they can provide a statement later on.
- Photographs: If you have any photographs of the accident scene and your injuries, these could be submitted.
Contact an advisor to learn more about what evidence you could submit to support a personal injury claim for compensation for a concussion.
If you are eligible to make a personal injury claim for concussion compensation, one of the solicitors on our panel could help you with making a claim. Furthermore, they may offer their services to you under the terms of a Conditional Fee Agreement, which is a type of No Win No Fee arrangement.
When making a concussion claim under this arrangement, some benefits include:
- Not having to pay any upfront fees for the solicitor to begin working on your case.
- Not having to pay for your solicitor’s ongoing work while your claim is in progress.
- In the event of an unsuccessful claim, you will not need to pay the solicitor for the work they have provided.
Should your claim succeed, the solicitor will deduct a success fee from the compensation awarded to you. The percentage that this fee can be is subjected to a legal cap.
To see if you could be eligible to work with a No Win No Fee solicitor from our panel, contact our advisors today. They can also offer you free legal advice for your case, and answer any questions you may have.
You can reach our advisors by:
- What are my rights after an accident at work?
- Medical Negligence And Wrongful Death Compensation Guide
- Advice On Claiming For A Head Injury In A Child
- Council Or Local Authority Claims Guide
- How To Make A Compensation Claim For Foot Injuries
- I Slipped On A Wet Floor At Work, Could I Make A Claim?
To learn more about mild brain injury settlements or why contacting our team could be more beneficial to you than using a concussion compensation calculator, please call us at a time that works for you using the above details. We can put you through to a solicitor who can work your case on a No Win No Fee basis.