Head Injury Accident Compensation Claims

By Stephen Kane. Last Updated 28th June 2023. Head injuries can vary massively in terms of how serious they are and the long-term effects you can suffer from them. If you have been unlucky enough to obtain a head injury, you should certainly take it very seriously, and ensure that you get it checked out. Untreated head injuries can cause problems later down the line, and without the right treatment, can, in some cases, lead to serious conditions.

Should you have received a head injury in an accident and have suffered financial – physical ill-effects from it, then you might be wondering if there’s anything you can do about it. If someone else caused the head injury accident, then it may be possible for you to claim compensation for a head injury, but claims can be complex, which is why we have put together a handy guide that should answer any questions you might have about how to proceed.

If at any point, you feel you need to clarify something or would like further advice, then 0161 696 9685 is the number to call for free advice from our team. Otherwise, keep reading to discover head injury accident claims information that might relate to your situation.

Select A Section

  1. A Guide to Claims for Head Injuries
  2. What Is A Head Injury?
  3. Head Injury Compensation Claim Calculator
  4. Other Costs You Can Be Compensated For
  5. Securing Interim Head Injury Compensation Payments
  6. Causes Of Trauma And Head Injuries
  7. How Much Time Do I Have to Claim for A Head Injury?
  8. Starting A Claim for A Head Injury
  9. Head Injury Claims With A No Win No Fee Solicitor
  10. Medical Resources and Related Accident Guides

A Guide to Claims for Head Injuries

Head injuries can be complicated. The head contains one of the most important organs in the body, the brain, and for this reason, we do all that we can to keep ourselves from injuring the head. But accidents can happen, and injury can be sustained, not just to the outer surface of the head, but the brain inside.

Head injury accident claims guide

Head injury accident claims guide

If you have become injured because someone else failed to protect your safety when they were responsible for it, or because they acted in a dangerous manner, then you might be wondering if there was any form of recourse to try and gain compensation. In many cases, there may be. Whether you suffered a head injury in a car accident, at work, or out in public, and whether it was caused by a slip, trip or fall, an assault, or any other accident, if liability can be proven, then it is likely you’d receive some head injury compensation to help you move on from the incident.

Here in this guide, we cover many different questions that surround head injury claims and hope you find the information you need to be sure whether you have a claim. If at any point you feel that you need to clarify something further, you can always give us a call to get some free advice. After all, that’s what we’re here for.

What Is A Head Injury?

Head injuries can happen in many different ways. If you have suffered any kind of injury to the scalp, brain or skull, then this can be classed as a head injury. In terms of seriousness, this can be from a small minor bump or a bruise to something more serious and severe with longer-lasting effects such as traumatic brain injuries. Treatments for head injuries range wildly, depending on the severity of the injury, and can be anything from a cold compress to brain surgery.

Injuries to the head can be either open or closed. Because you cannot see by looking at how serious an injury to the head is, it can be very difficult to know how bad the injury is. Some smaller injuries to the head will bleed a lot without causing any long-term harm, but some injuries that are severe don’t bleed on the outside at all. This is why it is essential to take head injuries seriously and ensure they are assessed and treated at the earliest opportunity.

Head Injury Compensation Claim Calculator

Because of the vast array of injuries to the head that can be sustained, it would be almost impossible to provide a personal injury claims calculator that would accurately predict your payout amount for a head injury.

However, we know many people feel they need to know an approximate amount they might be looking to receive, so we’ve collated some payout amounts for illustrative purposes. For more information on what your head injury would be classed as you can always give us a call.

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Head Injury Type Typical Payout Bracket Notes
Brain damage – Very Severe £264,650 to £379,100 There may be a small ability to react to basic commands but not much response to the environment. There will likely not be much in terms of language function, and the patient may be doubly incontinent; requiring full-time care.
Brain damage – Moderately Severe £205,580 to £264,650 Very serious disablement, with a noticeable effect on personality and intellect.
Brain damage – Moderate (i) £140,870 to £205,580 Intellect deficit that are ranging from moderate to severe. Epilepsy risk and unable to work.
Brain damage – Moderate (ii) £85,150 to £140,870 Greatly reduced prospects of being able to work, intellectual deficit which is modest to moderate.
Brain damage – Moderate (iii) £40,410 to £85,150 Memory and concentration are affected. Small epilepsy risk.
Brain damage – Less severe £14,380 to £40,410 Good recovery with social and working life normal. Some problems will prevail with all functions being restored.
Brain damage – Minor £2,070 to £11,980 Minimal brain damage – award will be worked out by looking at the period of time the person was affected, the severity initially, and the extent of the continuation of symptoms.

Other Costs You Can Be Compensated For

Compensation isn’t just a single amount. Lots of different factors of your losses are taken into account before the figure is arrived at. In terms of the factors that are considered, here is a breakdown:

General Damages

Non-financial costs of your head injury are included here. What you’d be compensated for under general damages is the suffering you’ve endured and the pain of the head injury. Your medical report would be looked at in detail to arrive at this sum. It is important that you know it isn’t just the physical injuries that are considered here, but emotional injuries also.

Special Damages

In direct contrast with general damages, these are for the financial costs of your injury. They can include:

Care costs

When you receive a head injury, it may be that you’re unable to care for yourself. If this is the case with you, then care costs can form part of your settlement.

Earnings loss

Losses of earnings both now and predicted in the future.

Medical costs

Prescription fees – if you pay for them – adaptations to home and more can be compensated for.

Travel costs

Taxi fares, train tickets and parking charges can be included here, as long as they directly relate to your injury claim.

Securing Interim Head Injury Compensation Payments

Claims for head injuries can take a while, such as the complexity of some cases, which may feel frustrating, especially if you’ve suffered financial hardships because of the injury that has occurred, or if you need to pay for treatments and rehabilitation. This is where interim compensation payments come in. They consist of smaller amounts of money that are paid throughout the claim process in order to pay for rehabilitation costs, accommodation costs or mobility requirements.

In terms of traumatic brain injury, many personal injury solicitors aim to obtain interim payments for their clients, but it is important that you understand that often this hinges on whether the liable party admits liability. Should you be successful in receiving interim payments, the total sum of these will be deducted from the final compensation award.

Causes Of Trauma And Head Injuries

There are many different ways in which trauma to the head can occur. Whether you’ve fallen from a height, been attacked, suffered a road traffic accident as a pedestrian or a driver or passenger, or even slipping at work, if someone was at fault, who failed to protect your safety when they were responsible for it you could consider making a head injury compensation claim. We look at some of the common causes below, but whatever the cause, we can advise on what to do next so don’t wait to get in touch.

Head Injuries Caused by Medical Negligence

A medical professional has the duty to ensure they do their utmost to care for you. Should they have failed to do so, then there may be cause to launch a brain injury medical negligence case.

Head Injuries Caused by A Road Traffic Accident

Whether you have been injured on the road as a passenger in a car that has been driven in an unsafe manner or have been a driver injured in a head-on collision that was not your fault, then you might have cause to lodge a claim. Likewise, if you have been knocked over as a pedestrian on a crossing or knocked off your bicycle by a car or another vehicle in an accident that was not your fault, you might be able to claim if you have received a head injury as a result.

How Much Time Do I Have to Claim for A Head Injury?

There is, as with all claims, a personal injury claims time limit. These are detailed in the table below but there are sometimes exceptions. If you are not sure whether you’re within the legal limit for claiming for your head injury, then our advice line can help you.

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Accident type Limit
Workplace, road accident, slip or fall, medical 3 years from the actual date of the incident – 3 years from knowledge date (the date you became aware of the injury)
Criminal Injuries Compensation Authority 2 years from the actual date of the incident
Children Parent claiming; till the child turns 18. Child has ability to claim up to three years in most cases from their 18th birthday.
Brain injury The time limit for those who lack mental capacity does not apply until they have recovered.

Starting A Claim for A Head Injury

There are certain things you can go ahead and do to ensure you have a good chance with your head injury compensation claim. These include:

Getting medical help – As we mentioned before, seeing someone about your injuries is important, especially when it is your head that is affected.

Taking pictures – Whether of the scene, your injuries or both, photographic evidence could be very useful in a compensation claim.

Collecting evidence of the event and of the costs – Witnesses that have seen what has happened to you should be approached for contact details, and you should also try and write down or note what has happened at your earliest opportunity. In terms of costs, receipts for treatments, travel expenses etc should also be kept hold of.

Contacting personal injury lawyers – Getting someone legally experienced to help you with a head injury claim is a good idea, not just because they have the legal knowledge to ensure that your claim is handled in the proper manner, after a head injury, you are not likely to need more stress, so passing the bulk of the work to someone else to fight for your head injury compensation can leave you to get on with what you need to do – work hard on your recovery.

Head Injury Claims With A No Win No Fee Solicitor

If you have strong grounds to make a head injury accident claim, then you could seek help from a solicitor. If you contact our advisors, they may connect you with a No Win No Fee solicitor on our panel.

A solicitor from our panel may offer to support your claim under a Conditional Fee Agreement (CFA). Under this agreement, you won’t need to pay any upfront or ongoing fees for your solicitor’s services. Also, if your claim is unsuccessful, there’s no need to pay your solicitor for the service they’ve provided.

If your claim is successful, the solicitor who supported your claim will take a success free from your compensation award. This is a small percentage with a legal cap.

To learn more about claiming head injury compensation with a No Win No Fee solicitor, you can contact our advisors. They can provide free advice about your potential claim. To contact our team, you can:

Medical Resources and Related Accident Guides

Headway – Advice and support from a charity concerning head and brain injuries.

Government Advice On Driving After A Head Injury – Whether you can drive after receiving a head injury depends on a variety of things.

Severe Injury To The Head – An NHS guide.

Other Useful Compensation Guides