Within this guide, we are going to look at the eligibility criteria for making a serious brain injury claim for compensation. A brain injury could happen in a wide array of accidents, this guide will focus on how this type of injury could occur at work, in a public place, or in a road traffic accident. As well as providing you with examples of the types of evidence needed to support a personal injury claim for brain damage, this guide looks at how compensation is calculated, and injuries are valued.
Moreover, this guide contains an example case study illustrating how negligence can lead to a serious brain injury and how much compensation could be awarded.
A serious injury is an injury that has long-lasting and life-changing consequences to either physical or psychological health or both. For this reason, we are aware that you may be reading this guide with the idea of making a serious brain injury claim on behalf of a loved one as a litigation friend.
Continue reading this guide to see how to make a serious brain injury claim. You can also contact us for free using the below details:
Browse Our Guide
- Eligibility To Make A Serious Brain Injury Claim
- What Evidence Is Needed To Claim Compensation For A Brain Injury?
- Case Study: £2 Million Payout For A Brain Injury Claim
- How Much Compensation Do You Get For A Traumatic Brain Injury?
- Make A No Win No Fee Serious Brain Injury Claim
- Learn More About Claiming Severe Brain Injury Compensation
Accidents can happen anywhere, and some are just unavoidable. However, to be eligible to make a personal injury claim for serious brain damage, it is vital to be able to show how a third party that owed the claimant a duty of care caused a brain injury because they did not fulfil this duty.
Below are the main criteria and basis for a claimant to hold a valid personal injury claim:
- A duty of care was owed
- The duty of care was breached through action or omission.
- A serious brain injury resulted.
If you want to discuss the circumstance of a serious brain injury claim in more detail, please do not hesitate to contact us.
Accidents At Work
As outlined in The Health and Safety at Work etc. Act 1974, employers owe a duty of care to all of their employees. This duty of care entails pursuing reasonable steps to prevent accidents at work and, thus, injury to employees by ensuring safety within the workplace and its facilities. Reasonable safety can be ensured by removing or managing potential hazards.
For example, an employer did not provide the necessary personal protective equipment (PPE), as outlined in the Personal Protective Equipment at Work Regulations 1992. This meant that when a large heavy object fell from a shelf on an employee whilst working in a warehouse, it caused a serious brain injury due to the fact no safety helmet was provided.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 defines how an occupier in at least partial control of a public space owes a duty of care to any public member who lawfully uses their space as intended. An occupier’s duty of care entails ensuring the reasonable safety of those in their space by assessing possible risks and following health and safety procedures.
For example, a slip and fall on a spillage in a supermarket aisle, if there are no wet floor signs present to warn of a hazard, could result in a customer hitting their head on shelving or objects as they fall, causing a serious brain injury. Or someone could also fall from a height if they lean on a faulty railing on an upper floor of a shop and hit their head as they connect with the floor, also resulting in brain damage.
Road Traffic Accidents
Every road user owes a duty of care to one another to ensure no one is put at any unnecessary risk whilst on the road. In order to fulfil this duty of care, all road users must follow the rules of the roads as set by The Road Traffic Act 1988, and The Highway Code.
If a driver were to breach their duty of care by exceeding the speed limit, which resulted in them colliding with traffic, they would be liable for any injuries that resulted to other road users.
Whether a person was injured on the road, at work, or in a public place, they could seek serious brain injury compensation if their injury was at the fault of someone else’s negligent actions or inactions. Our team of advisors can listen to the grounds of a case today and advise what the next steps could be.
To help prove third-party negligence and the extent of harm caused, the evidence to use can include the following:
- CCTV footage, or dash-cam footage, of the accident and the moments leading up to it.
- Recording in a diary treatment and symptoms.
- Keeping copies of medical records, such as photos from a scan.
- Photographs of the accident site and injuries.
- Collecting any potential witnesses’ contact details.
Mr Spencer was driving back from work one evening along his usual route. Whilst driving through a four-way road, an intoxicated driver failed to stop at the red lights, causing a T-bone collision with Mr Spencer’s vehicle.
At the hospital, it was revealed that Mr Spencer suffered a serious brain injury caused by the car accident, leaving him in a paralysed state with restricted communication. Knowing his life was changed forever crushed Mr Spencer’s family.
So, Mr Spencer’s family proceeded with his serious brain injury claim. Their solicitor collected dash-cam footage and eyewitness accounts of the accident, which both clearly highlighted the other driver’s negligence.
From this, Mr Spencer’s serious brain injury claim was successful, and he was awarded £2 million in compensation. Here are the special and general damages he was compensated for:
- The severity of his injuries.
- Having no expected recovery time, as his symptoms were permanent.
- Needing to add adaptations and ramps to his home for easier mobility.
- His loss of earnings, as he was unable to work again.
- His constant nursing care.
- Decreased quality of life.
- The cost of alternative transport, since he was unable to drive again.
The next section will discuss special and general damages in more detail. To get help with the serious injuries claims process, contact our advisors today for a free claim assessment.
A serious brain injury settlement awarded after a successful claim consists of two heads of claim – special and general damages.
General damages compensate for the injury and impact these injuries, and damage have on the claimant. It takes into account, for example:
- Recovery period.
- The extent of injury severity.
- Loss of enjoyment.
- The decrease in quality of life.
Solicitors can use your medical records, independent medical assessment and the Judicial College Guidelines as a reference to help them calculate the value of general damages. The table below takes compensation brackets from the latter document for serious brain injuries varying in severity. Although, the figures are not a guarantee as every serious injury claim is unique. The table is merely guidance.
|Multiple serious brain injuries.
|Up to £1,000,000+
|Multiple serious injuries to the brain and special damages: financial losses can include loss of earnings.
|Very severe (a)
|£282,010 to £403,990
|Only some ability to follow basic commands. There will be little language function and meaningful response to environment.
|Moderately severe (b)
|£219,070 to £282,010
|There will be a constant need for professional nursing care. Disabilities may include limb paralysis and a permanent vegetative state.
|Moderate (c) (i)
|£150,110 to £219,070
|Moderate to severe intellectual deficit, effect on sight, speech, and senses, a personality change and a significant risk of epilepsy.
|Moderate (c) (ii)
|£90,720 to £150,110
|Some risk of epilepsy, ability to work majorly reduced and moderate effect on intellect.
|£324,600 to £403,990
|At the top end of this bracket will be injuries where there is physical pain or a significant effect on communication and the senses.
|£219,070 to £284,260
|Effect on sexual function, life expectancy, and the degree of dependence, will be considered.
|Loss of earnings
|Up to £1,000,000+
|If your claim is successful you will be awarded compensation for any past, present and future loss of earnings caused by your injury.
Claiming Special Damages In A Serious Brain Injury Claim
Special damages reimburse the financial losses suffered due to injuries. For example, special damages consider:
- Wages lost and expected loss in the future.
- Nursing and care costs.
- Travel expenses.
- Costs for needing to renovate a home.
To be able to claim for these financial losses, it is important to gather proof such as:
- Bank statements.
Consult with our advisors today or alternatively view our personal injury claims calculator to learn more about compensation for serious brain injury claims.
A CFA can be very beneficial. While under this type of agreement, there are no upfront fees needed for the service the solicitor will provide or no fees needed as the case progresses. If the claim fails, no fees are needed to pay to the solicitor for the work they did on the case.
If the claim succeeds, then the solicitor will take a legally capped percentage from the compensation as their success fee.
To enquire about making a serious brain injury claim, do not hesitate to get in touch with us by using any of the following:
We hope this guide on how to make a serious brain injury claim has been useful. Please browse our other guides, which offer similar information:
- Advice on child head injury compensation claims.
- How to prove your workplace injuries.
- How to prove your injuries from a car accident.
- Find out how to make a serious injury claim for organ damage
These external resources may also be relevant to you: