A Guide To Concussion Compensation Claims – How To Make A Claim For Personal Injury

Concussion and head injuries can often be overlooked as the symptoms and problems they cause aren’t always apparent immediately. This can then lead to delayed treatment, resulting in more serious problems occurring than if the treatment had been received straight away. If you have sustained a concussion injury due to an accident that wasn’t your fault, you may be entitled to claim for concussion compensation.

There are many reasons as to how someone may suffer from a concussion, from car accidents, work accidents, sporting accidents, DIY accidents and so on. In a lot of cases, most people just shrug it off as just an accident when actually, it may have been a preventable incident that occurred because of someone else’s mistake or inaction. In these circumstances, you may be able to claim compensation for a concussion injury. Although concussion compensation will not change the fact that you have suffered a concussion injury, it can help you financially by covering the costs you may have incurred due to your injury, such as medical bills, treatment costs, any lost wages and so on, and it will also take into account the impact of any long-term effects your concussion injury may cause.

To find out more about concussion injury compensation, read through this guide for lots of information, guidance and help. If you’d like more information or would like to proceed with a claim, why not call us on the number at the top of this page?

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A guide to concussion compensation claims

Concussion compensation claims guide

Concussion compensation claims guide

Claiming compensation for concussion can be a complex process. There are many factors that need to be considered and certain evidence that needs to be gathered in order to give the claim the best chance of succeeding. This guide aims to give an informative overview on what is involved in making a concussion injury claim, what evidence is needed, what can be claimed for, what the average concussion settlement amounts are, the symptoms of concussion, how long the claim may take, and much more. The guide also shows how the concussion compensation amount you may be awarded can be determined by referring to the latest Judicial College guidelines, and how a personal injury solicitor can help you to conduct your claim in the best way. Please read on for expert advice and guidance on starting a concussion compensation claim.

What is a concussion injury?

A concussion is an injury that is caused by a blow, jolt or bump to the head and usually involves a temporary loss of consciousness or some mental confusion. A concussion, considered a mild head injury, is generally only minor and recovery may only take up to a few weeks, but sometimes it can be a sign of a more serious injury, such as a severe brain injury. 

Symptoms of a head injury such as concussion aren’t always apparent straight away and can develop over a period of time, so it is very important that anyone who has suffered a blow to the head is carefully monitored for a while after the incident. If any symptoms begin to arise, they can seek medical treatment immediately.

If you have suffered a head injury that resulted in concussion due to an accident that wasn’t your fault, you may be eligible to make a head injury claim.

How to identify a concussion – symptoms and signs

When someone suffers a concussion, although sometimes symptoms will appear immediately, they may occur over the next few hours or days. It is important to get medical care as soon as possible to lessen the likelihood of any complications or long-term problems from occurring. The symptoms and signs to look out for are:

  • Loss of consciousness following the accident that is temporary
  • Feelings of nausea
  • Vomiting
  • Feeling imbalanced and dizzy
  • Feeling sluggish and drowsy
  • Bad headache
  • Suffering from blurred or double vision
  • Some memory loss
  • Forgetfulness and confusion
  • Slower reactions
  • Eyes more sensitive to light
  • More sensitive to noise

How much can I claim for a head injury causing a concussion?

Concussion compensation, how much?” 

This question is always asked when someone wishes to claim head injury compensation, but unfortunately, it is not a question that can be answered with any definite accuracy as it will depend on the circumstances of each case. With any personal injury claim, there are a number of variables that will make up the final settlement amount and each of these variables will differ from case to case.

However, as a guide, and using the information in the latest Judicial College guidelines, in the table below, we are able to show the guideline compensation values for a head injury. Generally speaking, the more severe the injury, the higher the compensation amount payable.

Reason for CompensationAverage Amount AwardedComments
Moderately Severe Brain Injury£205,580 to £264,650Concussion symptoms lasting a longer time. There may be an increased risk of epilepsy, impairments in communication, behavioural issues and a dependency on others.
Moderate Brain Injury£40,410 to £85,150Concentration and memory may be impacted, as if the ability to work.
Minor£2,070 to £11,980Short symptoms of concussion

To make sure you receive the most amount of concussion compensation, it’s really important to have your injury assessed and have a proper diagnosis by an expert, something we can arrange for you as part of the claim process. Any long-term injuries resulting from your concussion will also then be taken into account in your claim award.

If you are unsure about how much compensation you may be entitled to, speaking to a personal injury lawyer will help to clarify this for you. Call us today for free advice and support.

What can I claim for a head injury causing a concussion?

The majority of people who file a claim for compensation don’t realise that there are a few things that you can include in your claim other than the likes of medical costs. Sustaining an injury can affect many areas of your life and therefore should be represented in your settlement amount. The main things that should be included in your claim are:

  • General Damages – These cover the physical injury itself, its severity and any long- term effects. They also cover any psychological trauma as a result of your injury and the impact it has had on your well-being and lifestyle. Our calculator section above gives an idea on potential awards for general damages.
  • Special Damages – These account for any monetary expenses that you have incurred, or any financial losses you have had as a direct result of being injured. Special damages include:
    • Medical Costs – Any expenses to do with medical care and treatments, including counselling costs, can be included. Make sure to keep your receipts as evidence.
    • Travel Costs – If you have had to travel to and from doctor appointments, for example, you can include the costs in this part of the claim. Again, make sure to keep your receipts as evidence.
    • Lost Income – Any income that you have lost due to needing to take time off of work to recover or to go to doctor’s appointments in relation to your injury, or any loss of future expected income, can be claimed for.
    • Care Claim – If you have needed help and care whilst in the home, you can make a care claim.

It is important that you include any expenses associated with your injury so that you are awarded the maximum concussion payout possible, thereby ensuring you are financially supported throughout your recovery. This will also give you a sense of justice for being injured in an accident that wasn’t your fault.

What are the effects of a concussion – Post Concussion Syndrome?

Post Concussion Syndrome (PCS) is caused by the long-term physiological damage that is caused to the brain connections due to a concussion injury. It occurs when the symptoms of your concussion injury do not heal as quickly as they should and often get worse as time goes on. Symptoms directly associated with a head injury would normally be worse at the beginning and gradually improve.

It is thought that the pain and sensory pathways in the brain become affected. Normally, the brain is able to filter out some things in order to concentrate on the ones needed, but when a bump to the head occurs, sometimes something can go wrong and the brain cannot filter out as many sensations, and additional sensory and pain signals get through. In normal circumstances, the brain’s ability to filter out sensations restores itself after a short time, but with PCS, it doesn’t go back to normal and often gets worse.

Some people question if PCS is a type of brain damage, but it isn’t. Any concussion symptoms after a blow to the head will have cleared up after 8-12 weeks, and so PCS is a symptom of functional neurological problems resulting from the head injury.

Symptoms of PCS can last for long periods and have a huge negative impact on your life. Claiming post-concussion compensation is really important to make sure you have the financial assistance it can provide. Settlement amounts for post-concussion syndrome UK are generally higher than the amounts for mild concussion, therefore getting a full diagnosis is paramount in order to claim for the maximum amount that you are entitled to.

Common causes of concussion injuries

A concussion is the result of a blow to the head. This type of injury could happen anywhere, at any time. The most common causes include:

  • Cycle/Motorcycle accidents – Cyclists and motorcyclists are in a more vulnerable state when on the roads as they do not have the protection of a sturdy frame around them and are smaller than other vehicles such as cars, buses and lorries so are more at risk. A head or brain injury is more likely to occur and be far more severe if no protective headgear is worn, but even when it is worn, if the head is hit hard enough, a concussion can still be caused.
  • Accidents involving cars – Road traffic accidents where a collision of some kind, such as a head-on crash, or crashing into a stationary car, for example, are notorious for causing head injuries such as concussion. Also, a pedestrian knocked down by a car or other vehicle may also result in head trauma.
  • Sporting accidents – Some sports, more commonly football, rugby or American football, can result in someone suffering a concussion. This may be due to a rough tackle, heading the ball, or being hit in the head by the ball.
  • Violent attack – Anyone who is hit on the head violently, whether by a stranger or due to domestic violence, may end up with a concussion injury.
  • Slip, trip or falls – injuries resulting from a fall normally consist of cuts and scrapes, bruises and sometimes broken or fractured bones. Another common injury, if the person falling hits their head against a hard surface, is concussion.
  • Falling from a height – Construction sites are infamous for injuries resulting from a fall from a height, including head injuries that lead to concussion. Of course, though, construction sites are not the only places you may suffer from concussion after a fall from a height. It could happen more or less anywhere. Generally speaking, the higher the victim falls from, the worse their head trauma is.

Concussion caused by medical negligence

Depending on the circumstances, you may be able to make a claim for compensation for injuries that have occurred due to a medical professional’s neglect to diagnose a fracture or concussion. If you have sought medical treatment but what you received was not in keeping with your injury or symptoms and your condition worsened, you may have a claim against the medical body. Such cases can be complex, so we recommend getting legal advice from our team of expert advisers. Simply call the number at the top of this page to speak to them today.

Concussion caused by road traffic accidents

Road traffic accidents are a common cause of concussion. When two or more vehicles collide, the likelihood of sustaining a head injury resulting in concussion is quite high. A pedestrian involved in a road traffic accident is also at risk as they are likely to bang their head if knocked down.

Cyclists and motorcyclists are particularly at risk from concussion as they have no protection around them like they would when inside the likes of a car. If they are not wearing protective headgear, they are at an increased risk of a concussion if involved in a road traffic accident.

Sporting concussion injuries

Some sports carry a higher risk of participants suffering a concussion injury. Sports such as rugby, football, and American football where physical tackling is part of the game or where players can head the ball or the ball can unexpectedly hit the head, can see concussion injuries regularly, although often the sufferer isn’t aware that they have concussion.

Concussions caused by slips and falls

Concussion from slip and fall

Concussion from slip and fall

Injuries that result from slipping or falling can range from minor, such as bruising, scrapes and grazes, to more severe injuries such as broken bones and concussion. Concussion is likely to occur if you hit your head on a hard surface when you fall.

Concussions caused by violent attacks

Any person who suffers a blow to the head from being attacked violently, whether it’s by a stranger or during a domestic abuse attack, could end up with a concussion injury that may cause mild or more serious symptoms depending on the circumstances and level of assault.

Different types of concussion compensation claims

There are a number of different types of concussion that you may suffer with and can claim concussion compensation for. They can vary from a mild to a more serious concussion injury that can leave you with long-term health problems, some as severe as paralysis or psychological damage, for example. The types of concussion injuries you can make a personal injury claim for include:

  • Headaches directly resulting from concussion
  • Sport-caused concussion
  • Concussion that is delayed
  • Mild or grade 1 concussion
  • Moderate or grade 2 concussion
  • Severe or grade 3 concussion
  • Concussion in babies and toddlers
  • Spinal concussion
  • Cerebral concussion
  • Labyrinthine concussion
  • Brain concussion

If you have suffered some form of concussion, including anything not listed above, you may be entitled to make a claim if it was caused by someone else. Speak to a personal injury solicitor for expert advice on the number at the top of this page.

How long does a concussion compensation claim take?

All cases will vary in how long they take to conclude as they will all depend on the individual circumstances involved. However, one thing we can guarantee is that the solicitors on our panel will do all they can to progress your claim as swiftly as possible.

When making a personal injury claim, you have to initiate the claim within a set amount of time from the date the injury occurred. Please see the table below for the personal injury claim time limit for certain circumstances:

Type of ClaimTime Limit
Concussion caused by an accident in the workplaceThe time limit is 3 years from the date the accident occurred
Concussion caused by a road traffic accidentThe time limit is 3 years from the date the accident occurred
Concussion caused by a slip, trip or fall accident The time limit is 3 years from the date the accident occurred
Concussion caused by a violent attackThe time limit is 2 years from the date the violent attack took place

With the majority of personal injury claims, the time limit is 3 years from the date of the accident, but this can vary depending on the nature of the claim.

How to begin a concussion compensation claim

If you have sustained a concussion injury through an accident or incident that wasn’t your fault, you may be able to make a claim for concussion compensation. By far, the easiest way to do this is to hire an experienced legal team that can conduct your claim on your behalf. Making a personal injury claim can be a complex process and having the right legal help to guide you through with the support and professionalism it requires can make the process a lot easier.

Before speaking with a legal firm, as mentioned earlier in the guide, try to gather as much evidence as you can, such as the witness statements, medical notes, expenses and photos of the scene or injuries, so that you have these to hand when you speak to someone for advice. This makes it easier for them to consider your position and decide on the best course of action to take for you to have a successful compensation claim. 

When you consult with our friendly legal team we’ll have a chat over the phone where we will ask you questions to gather the facts surrounding your case, and you can also ask as many questions as you need to in regards to making your claim and the legalities involved. If you decide to go ahead, we will connect you with a specialist solicitor from our panel who will then set about gathering further evidence in support of your case.

No win no fee compensation claims for a concussion or head injury

Until a compensation claims case is concluded, there is no guarantee that the outcome is going to be favourable even if you have lots of evidence. Therefore, it is important to consider how your chosen solicitor expects to be paid for their legal fees, as depending on their preferences, you could potentially put yourself at risk financially.

The safest option is to hire a solicitor that works on a No Win No Fee basis. This is because they require no payments upfront or during the process, and their fees are only payable if they win your case for you. Their fee, known as a success fee, would be deducted from the compensation awarded at the end of the claim. Such a fee is small and capped by law so you don’t need to worry about giving away lots of your compensation. 

In comparison, hiring a solicitor who requires payment by the hour throughout the claims process and with a final payment at the end, could see you thousands of pounds out of pocket if your case isn’t a success as they will still expect payment regardless. With No Win No Fee there is no risk and no gamble.

How our accident claims team can help you

Advice.co.uk has years of experience in helping people to successfully claim the compensation they deserve for being injured in an accident or incident that wasn’t their fault. We have dealt with all sorts of accident and injury claims, and many claims for concussion injuries.

All you need to do is contact us and speak to one of our professional and friendly advisers. They will be more than happy to answer any questions you may have and explain the claims process to you so you have a clearer picture as to what’s involved. We are an honest and reliable team and will always give you an honest opinion of the chance your case has of being a success. If we feel you haven’t got a strong enough case and it’s unlikely to succeed, we will tell you as we don’t want you to waste your time.

Using our expert knowledge, if we feel you have a strong case, we will simply match you to a personal injury solicitor that best suits your requirements. We only connect with No Win No Fee solicitors as we want our clients to be free from any financial risks and stresses of legal fees.

We really care about our clients and want them to have the best possible outcome and so will always help them to the best of our ability.

To re-cap:

Contact our team by email, phone or by postOur team will assess your claimOnce you are ready, we can then start your claim

Contact us

Contact us today by calling us on 0161 696 9685 and a member of our team will do their utmost to give you the help and advice you require in respect of making a concussion compensation claim for a concussion injury that was not your fault.

Advice for concussion victims

Below you will find a number of links to websites that have information that you may find useful in regards to concussion injuries:

NHS guide to concussion injuries

Here you will find information about what concussion is and the signs and symptoms of concussion.

The Children’s Trusts

Here is specific information about concussion in children.

Workplace Rights 

Our guide to rights in the workplace.

No Win No Fee Claims

Our guide to making No Win No Fee claims.

 

Guide by YH

Edited by DEG