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Have you or a loved one experienced a brain injury in an accident caused by someone else’s negligent actions? If so, we understand the far-reaching consequences of this serious injury, which can affect one’s quality of life, finances, and long-term health. Our brain injury claims guide aims to help explain the process of seeking compensation and how it can play a meaningful role in the healing journey.
Key Takeaways
- Around 200,000 people are admitted to hospital with a head injury each year, according to the National Institute for Health and Care Excellence (NICE)
- Traumatic brain injuries (TBI) can increase the risk of depression by 50% within a year, according to King’s College London.
- The symptoms of TBI include headaches, dizziness, concussions, vomiting, nausea, and fatigue.
- Compensation can extend to the financial impact of the brain injury, including the costs of speech or cognitive therapy.
- Our expert No Win No Fee solicitors offer their services to claimants across the country.
Our friendly team of advisors are here to help answer any questions about the brain injury claims process. Please feel free to get in touch using one of the following options:
- Call us on 0161 509 2856
- Contact us online by filling out our online form
- Use our free live chat
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Frequently Asked Questions
- Who Can Make Brain Injury Claims?
- How Much Compensation Could Be Awarded For A Brain Injury?
- What Can Brain Injury Compensation Cover?
- What Types Of Brain Injuries Can Compensation Be Claimed For?
- The Common Accidents That Lead To A Brain Injury Being Sustained
- Can I Claim For A Brain Injury Caused By Medical Negligence
- What If The Brain Injury Was Acquired After Criminal Assault?
- What Is Needed To Begin A Brain Injury Claim?
- How Can Advice Help With A Brain Injury Compensation Claim?
- Brain Injury Claim FAQs
- Learn More
Who Can Make Brain Injury Claims?
Anyone can make brain injury claims, provided that the following requirements are satisfied:
- You or a loved one were owed a duty of care
- This duty of care was breached by a third party
- A brain injury resulted from the breach
Fatal Brain Injury Claims
In fatal brain injury claims, qualifying relatives can seek compensation for the impact of their loved one’s passing. This is made possible by the Fatal Accidents Act 1976, provided that the deceased’s estate hasn’t already made a claim on their behalf. In the first 6 months, only the estate can make a fatal accident claim under the Law Reform (Miscellaneous Provisions) Act 1934.
To learn more about making a fatal brain injury claim, please contact our team today.
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How Much Compensation Could Be Awarded For A Brain Injury?
In successful claims, how much compensation could be awarded for a brain injury will depend on a range of factors, including the long-term impact of the damage. Physical and psychological injuries are covered under general damages. If those injuries have a financial impact, then special damages may be included in the payout.
Solicitors often assess general damages using the Judicial College Guidelines (JCG), a document that publishes suggested compensation brackets for injuries, including those affecting the brain.
Compensation Guidelines
All brackets in the list below, aside from the first entry, have been taken from the JCG. Please note that they are merely guidelines and do not guarantee compensation.
- Multiple severe injuries with financial losses – Financial impact might include lost earnings – Up to £10,000,000+
- Very Severe Brain Damage – Considers factors such as the degree of insight and how extensive physical limitations are – £344,150 to £493,000
- Moderately Severe Brain Damage – Influenced by issues like communication ability and the degree of any behavioural problems – £267,340 to £344,150
- Moderate Brain Damage (i) – Where there is a moderate to severe intellectual deficit with an effect on sight and speech – £183,190 to £267,340
- Moderate Brain Damage (ii) – Ability to work is greatly reduced (if not made non-existent) and there is some epilepsy risk – £110,720 to £183,190
- Moderate Brain Damage (iii) – Memory and concentration are affected, and fatigue may feature – £52,550 to £110,720
- Less Severe Brain Damage – Compensation depends on how extensive and severe the initial injury is, amongst other considerations – £18,700 to £52,550
- Minor Brain Injury – Award will depend on factors like the recovery period and extent of ongoing symptoms – £2,690 to £15,580
- Established Grand Mal Epilepsy – Bracket considers impact on working/social life and the prognosis – £124,470 to £183,190
- Established Petit Mal – Will factor in the presence of any connected behavioural problems – £66,920 to £160,360
For a more in-depth assessment, please contact one of our friendly advisors today.
What Can Brain Injury Compensation Cover?
Brain injury compensation can also cover associated financial losses. For example, you or your loved one may have had to pay out-of-pocket for occupational therapy or trips to medical appointments. It’s essential that any loss is supported with evidence, such as bank statements and payslips.
Please keep reading to see what types of financial losses can form part of a claim’s brain injury compensation.
Lost Income
Under special damages, a loss of earnings for time off work can extend to the following:
- A loss of expected future income
- Missed promotions
- Bonuses
- Overtime pay
- Workplace benefits, such as pension schemes and healthcare contributions
Gratuitous And Long-Term Care Costs
Depending on the severity of the brain injury, there may be significant gratuitous care and long-term care costs, including:
- Any short- or long-term professional care you may have used.
- Support from family and friends.
- Any care costs you incurred due to not being available to look after a family member, like extra childcare or additional support for an elderly relative.
Medical Costs
There may also be private medical costs, which might include:
- Treatments, ranging from surgery to occupational therapy.
- Medications, like anti-seizure drugs.
- Any treatments necessary to support you in the short and long term, like cognitive behavioural therapy (CBT) and psychiatric care.
Rehabilitation Costs
Brain injuries are often associated with a lengthy period of rehabilitation, such as:
- Physiotherapy
- Prosthetics and wheelchairs
- Speech and language therapy
- Physical or cognitive therapy
Home Adaptations Costs
In some cases, it may be necessary to adapt the home to accommodate the impact of a brain injury. That might lead to costs like the following:
- Stairlifts, hoists, ramps and new doors to fit wheelchair access.
- Grab rails
- Assistive technology, including smart devices.
- Converting rooms into downstairs bedrooms or bathrooms.
Car Adaptations Costs
Vehicles may also need to be adapted:
- Safety bars and straps
- Swivel seats
- Hand controls
- A wheelchair-accessible car boot
Travel Expenses
Personal injury claims may also consider the impact of travel expenses going to and from medical appointments:
- Public transport for buses and trains
- Petrol
- Parking fees
Can Interim Payments Be Claimed After A Brain Injury?
Yes, interim payments can be claimed for after a brain injury in cases where a defendant admits liability or there is a high chance of success. These payments are essentially an advance on compensation, paid out before a claim is settled to address emergency costs, such as urgent home modifications.
To learn more about interim payments and special damages, please contact one of our helpful advisors today.
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What Types Of Brain Injuries Can Compensation Be Claimed For?
Our solicitors can help clients to claim compensation for many types of brain injuries, including:
- Tumours
- Strokes
- Concussions
- Traumatic brain injuries (TBI)
- Brain haemorrhages
Please note that the above list is not exhaustive. To learn more about the different types of brain injuries that can be included in a claim, please contact our advisory team today.
The Common Accidents That Lead To A Brain Injury Being Sustained
There are many common accidents which can lead to a brain injury being sustained, such as:
Road Traffic Accidents
All road users must ensure that they avoid injuring themselves and others when navigating the roads. They must also abide by the Road Traffic Act 1988 and the Highway Code.
- Example: You are involved in a rear-end collision at a red light due to a driver failing to brake because they were using their mobile phone. This leaves you with severe neck and shoulder injuries, in addition to brain damage.
Accidents At Work
Under the Health and Safety at Work etc. Act 1974, all employers must take reasonable steps to ensure the safety of their staff. As part of their duty to protect the health and well-being of workers, employers may need to perform regular machinery checks and clean up any hazardous spills.
- Example: An employer fails to supply headgear or other personal protective equipment (PPE) suitable for a construction site. A piece of wood falls from a height, resulting in substantial brain trauma and severe PTSD.
Public Liability Accidents
The Occupiers’ Liability Act 1957 requires those in control of public spaces to ensure the safety of any visitors to their premises. This involves taking various practical measures, such as erecting warning signs for potential hazards and installing safety barriers where necessary.
- Example: You slip and fall at a restaurant due to a spillage that has been left unattended without any wet floor signs. The fall leads to a serious leg injury and brain trauma.
Can I Claim For A Brain Injury Caused By Medical Negligence
Yes, you can claim for a brain injury caused by medical negligence, as long as specific criteria are met. This involves establishing that the brain injury was caused by a medical professional not providing the minimum expected standard of care. If there is a failure to do so, leading to otherwise avoidable harm, there may be grounds to claim compensation.
- Example: A doctor misinterprets the results of a CT scan, leading them to overlook the clear signs of a bleed on the brain. This causes long-term seizures, together with cognitive impairment that affects speech and memory.
To learn more about the different types of medical negligence, please contact one of our friendly advisors today.
What If The Brain Injury Was Acquired After Criminal Assault?
If the brain injury was acquired after a criminal assault, it may be necessary to seek compensation through the Criminal Injuries Compensation Authority (CICA). The CICA is a government-funded agency that maintains its own eligibility criteria for claiming criminal injury compensation.
CICA Tariffs
The CICA uses the Criminal Injuries Compensation Scheme 2012 to determine compensation based on a fixed tariff. With the exception of the first bullet point, you can see a selection of CICA amounts below:
- Multiple serious criminal injuries and financial impact – The loss may include home adaptations – Up to £500,000
- Very serious brain injury – No useful physical movement with little to no meaningful response to an environment – £250,000
- Very serious brain injury – Severe physical limitation and a significant reduction in life expectancy – £175,000
- Moderately severe brain damage – A serious disablement of mental and physical abilities requiring professional care – £110,000
- Moderate brain damage – Significant dependence on others and a complete effect on the senses – £82,000
- Moderate brain damage – Moderate dependence on others with intellectual deficit – £55,000
- Moderate brain damage – A slight dependence on others with a reduced ability to work – £27,000
- Minor brain damage – Significant and long-lasting effects (2 years or more) and persisting problems with lifestyle – £22,000
To find out more about criminal injury compensation, please feel free to contact our advisors for assistance.
What Is Needed To Begin A Brain Injury Claim?
To begin a brain injury claim, evidence will be needed to establish the liability of a third party. This proof must specifically show what duty of care was owed to you or your loved one, and how a breach resulted in the brain injury. For example:
- CCTV footage of the accident
- Contact details of any witnesses who could provide a supportive statement to a solicitor
- Additionally, contact details for any involved party, if the brain injury was sustained on the road. Their insurance and car registration (as well as other vehicle-specific details) will also be necessary
- Any photographs or dashcam footage of the accident that led to the brain injury
- A copy of an accident report book
- Medical records, including X-rays, CT scans, and test results
Time Limits
The personal injury claim time limit is typically 3 years, in accordance with the Limitation Act 1980. However, this time limit is paused for anyone who is under 18 or has a mental incapacity, as neither can claim on their own. In both situations, a litigation friend can help get a claim underway during this pause.
To learn more about litigation friends and how to make a brain injury claim on behalf of a loved one, please contact one of our advisors today.
How Can Advice Help With A Brain Injury Compensation Claim?
Advice can help with a brain injury compensation claim from the moment you or your loved one reaches out to our friendly team of advisors. They will provide a sensitive, carefully reviewed assessment of the case to see if there are grounds to claim with one of the specialist No Win No Fee solicitors here at Advice.
Our solicitors have decades of experience in prioritising the health and well-being of clients. They also operate under a Conditional Fee Agreement (CFA), which provides the following advantages:
- No fees for solicitor’s services at the start of the claim
- Zero solicitor fees as the case progresses
- No solicitor fees if the claim is unsuccessful
They only take a small success fee for their services when a claim is successful. The percentage is capped and subtracted from the compensation, ensuring the bulk goes to the client.
Furthermore, one of our expert solicitors could provide the following benefits:
- Regular and consistent claim updates so you or your loved one always know where it stands
- Access to occupational therapy and other specialists to support the recovery process
- Easy-to-follow explanations of key claim terms
- Help with any necessary evidence gathering, such as witness statements and medical reports
Contact Our Advisors
To learn more about brain injury claims, please get in touch with a member of our team:
- Call us on 0161 509 2856
- Contact us online by filling out our online form
- Use our free live chat
Brain Injury Claim FAQs
Please continue reading to see answers to some brain injury claim FAQs.
What Is Meant By Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) is a type of brain damage that is caused by a sudden outside force, like a blow to the head. Road traffic accidents, assaults, falls, and workplace incidents often cause this type of injury.
What Is Meant By Acquired Brain Injury (ABI)?
An acquired brain injury (ABI) is concerned with many types of brain injury that occur after birth and can result from multiple internal and external factors. They can include:
- Strokes
- Brain tumours
- Infections
- A shortage of oxygen to the brain
What Are Some Symptoms Of A Brain Injury?
Please see the following non-exhaustive list of symptoms of a brain injury:
- Headaches
- Nausea
- Fatigue
- Confusion and difficulty concentrating
- Blurred vision
How Long Will It Take To Settle A Brain Injury Claim?
There is no definitive timeframe for how long it takes to settle a brain injury claim, as every case is determined by its own circumstances.
Will Brain Injury Claims Need To Go To Court?
Most brain injury claims do not need to go to court, as the majority of cases are settled before reaching that stage. A solicitor may therefore only issue court proceedings in the following situations:
Learn More
To learn more about personal injury claims, please see some of our other guides:
- Get help with claiming for loss of finger compensation
- Learn about making foot injury claims
- See the following advice about crane accident claims
- Case study about compensation payout for damage to senses
Additional external resources:
- Learn about how to treat a head injury and concussion from the NHS
- Get help with managing sick leave and return to work from the HSE
- See the following advice about statutory sick pay from Gov.uk
Thank you for reading our guide about the brain injury claims process.
