Concussion Claims

A concussion is a form of brain injury that usually results from trauma to the brain. It can be caused by various accidents, such as road traffic collisions, accidents at work, slips, trips and falls, and sporting activities.

Concussions can cause a wide range of symptoms that may affect your work and daily life short-term or for long periods. If another party who owed you a duty of care was responsible for your accident, you might be able to make a concussion claim. You can recover damages for physical and mental suffering and any related financial expenses, such as lost wages.

To find out if you have a valid claim or how much compensation for concussion you could receive, call 0800 470 0474 or request a call back. A friendly solicitor can advise you on your legal options and answer all your questions about the claims process.

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Table of Contents

• What is a concussion injury?
• Signs and symptoms of a concussion injury
• Potential long-term effects of a concussion
• Can I claim compensation for a concussion injury?
• What evidence do I need to support a concussion compensation claim?
• What accidents could lead to a concussion claim?
• Frequently asked questions:
• How much is a concussion injury compensation claim worth?
• What is the time limit to start a concussion injury claim?
• Can I make a personal injury claim on behalf of my child?
• Can I start a No Win No Fee concussion claim?

What is a concussion injury?

A concussion is a common form of traumatic brain injury (TBI). It occurs when a blow to the head or a sudden, forceful movement causes the brain to shift within the skull. This impact can temporarily disrupt normal brain function and cause various symptoms.

Concussions are commonly described as mild injuries because they typically do not pose an immediate life-threatening risk. Yet, they can still have significant effects on your physical, cognitive, and emotional well-being.

Most people recover fully within a few weeks to a few months. However, recovery time can vary based on the individual and the severity of the injury. Treatment will depend on the severity and nature of the trauma, but rest is essential for recovery.

You can read more about these injuries and how to make a claim for concussion and other head injuries in the sections below.

Signs and symptoms of a concussion injury

Numerous symptoms are associated with a concussion injury, and these can vary significantly from one person to another. They are not always immediate and may appear hours or even days after the injury. The most common ones are:

• Headaches and a feeling of pressure in the head
• Temporary loss of consciousness
• Difficulty thinking and mental confusion, often described as feeling foggy
• Periods of memory loss
• Feeling dizzy, weak and fatigued
• Nausea and vomiting
• Sensitivity to light or noise, blurred or double vision
• Difficulty sleeping or changes in sleep patterns
• Clumsiness or trouble with balance
• Feeling anxious, irritable, nervous or depressed
• Difficulty concentrating, focusing or making decisions

If you suffer any of these or other unusual symptoms after a trauma to the head, you should seek immediate medical care. Your doctor will give you a physical exam and may order imagining tests to determine the severity of your injury.

Potential long-term effects of a concussion

Concussions are a form of traumatic brain injury that can have a range of short-term and potentially long-term effects. While many people recover fully from a concussion with appropriate rest and care, others may experience lingering symptoms or complications. These include:

• Post concussion syndrome (PCS). You may experience symptoms that persist for weeks, months, or even years after the initial concussion. This is known as post concussion syndrome and can include headaches, dizziness, fatigue, difficulty concentrating, memory problems, mood changes, and sensitivity to light and noise.
• Cognitive impairments. Long-term issues can include difficulties with memory, attention, concentration, problem-solving, and processing information.
• Emotional and psychological changes. Concussions can lead to depression, anxiety, irritability, mood swings, and increased sensitivity to stress. These changes may impact your overall mental well-being and quality of life.
• Sleep disturbances. Sleep problems, including difficulty falling asleep, staying asleep, or experiencing restful sleep, can persist long after the injury.
• Headaches and migraines. Recurring headaches or migraines can be a lasting consequence of a concussion.
• Balance and coordination issues. You may suffer ongoing balance problems, dizziness, and difficulty with coordination, which can affect your ability to participate in physical activities.
• Vision changes. Visual problems, such as blurred vision, double vision, or sensitivity to light, can be long-lasting. Changes in other sensory perceptions may also occur.
• Seizures. Concussions can increase the risk of seizures in some people, especially if the injury is severe.

The long-term effects of your injury will play a role in determining how much compensation for concussion you are entitled to receive.

Can I claim compensation for a concussion injury?

If you suffered a concussion and another party was at least partially to blame for it, you might be entitled to compensation for your pain, suffering and financial losses. The easiest way to determine if you have a valid claim is by speaking to a legal adviser. They will ask you some simple questions about your situation to determine whether:

• The defendant in your case owed you a duty of care
• They breached this duty through an intentional or negligent act
• That caused you to suffer a concussion or other injuries
• Your injury happened within the last three years

Your personal injury solicitor will be able to establish a duty of care based on legislation such as:

• The Health and Safety at Work etc. Act 1974, when the injury is related to the workplace
• The Road Traffic Act 1988, if you were involved in an accident with another road user
• The Occupiers’ Liability Act 1957 helps establish liability for accidents on public premises
• The Consumer Rights Act 2015 allows you to claim for injuries caused by faulty products

To find out if you have a valid concussion claim, call 0800 470 0474 to speak to a legal adviser or request a call back here.

What evidence do I need to support a concussion compensation claim?

If you want to start a concussion claim, you will need to gather and present evidence to support your case. This should show how the accident occurred, who was at fault, the severity of your injury and how it has affected your life. Some types of evidence that could be useful include:

• Medical reports. Obtain medical evidence from the healthcare professionals who treated you. These reports should detail your diagnosis, treatment plan, and any recommendations for further medical care.
• Witness statements. If there were witnesses to the incident that caused your concussion, they can provide important information about how the injury occurred. Family members, friends, or colleagues who have observed changes in your behaviour or symptoms after the incident can help establish the impact of the concussion on your daily life.
• Photographs and videos. If applicable, pictures or videos of the accident scene can provide context and show potential hazards that contributed to your concussion. You may also try to secure any CCTV or dashcam footage of the incident if available.
• Police reports. If the incident involves criminal activity, you should report it to the authorities as soon as possible. A police report and crime reference number are essential to make a CICA claim.
• Medical experts. Expert opinions from qualified medical professionals can help explain the connection between the incident and your concussion and the long-term effects it may have on your health and well-being.
• Personal account. Write a detailed personal statement describing the incident, the symptoms you experienced, and how the concussion has affected your daily life. Keep a journal documenting your symptoms, progress, and challenges as you recover. This can provide valuable insight into the ongoing impact of the concussion.
• Documentation of expenses. Keep the receipts and invoices related to medical treatments, prescriptions, therapy sessions, and other financial losses. If your injury led to time away from work, provide evidence of your income before and after the incident to help establish lost wages.

It is still worth seeking legal advice even if you have little to no evidence to support your claim. An experienced solicitor may be able to gather everything you need to make a successful concussion compensation claim.

What accidents could lead to a concussion claim?

Concussion compensation claims typically arise after a blow to the head due to situations such as:

• Road traffic accidents. Car, motorcycle, bicycle, and pedestrian accidents can result in concussions if the head hits the ground or another object due to the impact.
• Slips, trips and falls. These might happen in places like shops, pavements, supermarkets, or restaurants. If a property owner fails to maintain safe conditions and a person falls and hits their head, it could lead to a successful concussion claim.
• Sports. Concussions frequently occur during contact sports like football, hockey or rugby. Such accidents could be due to inadequate safety protocols or equipment.
• Workplace accidents. Inadequate safety measures, falling objects, or accidents involving heavy machinery at work can lead to head trauma.
• Assaults. Any physical assault, whether a punch, kick, slap, or attack with an object, can cause you to sustain a blow to the head. If you were the victim of an intentional act of violence, you could claim through the CICA.
• Defective products. If a defective product, such as a faulty helmet, contributes to a concussion, you could start a product liability claim against the manufacturer or distributor.
• Medical negligence. In some cases, concussions can result from medical procedures or treatments gone wrong.

If you suffered an injury due to negligence or violence, call 0800 470 0474 today to find out if you can claim compensation for concussion. An experienced solicitor will guide you through the claims process and answer any questions you may have.

Frequently asked questions:

Below are answers to some common questions we receive from claimants looking to make a personal injury claim for concussion injuries. If you have any questions that are not answered on this page, feel free to get in touch, and we will be happy to help.

How much is a concussion injury compensation claim worth?

The amount of compensation you could receive in a concussion claim will depend on two types of damages related to your accident:

General damages are awarded for the physical injury and how it has affected your daily life. The award for general damages will depend on the severity of the injury and the pain and suffering it has caused you. According to guidelines from the Judicial College, you could receive the following compensation amounts:

• £2,210 to £12,770 for a minor concussion with no long-term effects
• £12,770 to £43,060 for a moderate trauma with some long-term effects
• £43,060 to £219,070 for a more severe brain injury that may affect your daily life for an extended period
• £219,070 to £403,990 for very severe brain injuries leading to intellectual and physical impairment

Special damages are part of the compensation for personal injuries that cover the financial losses caused by the injury. They may include private medical care, prescriptions, lost wages and travel expenses. Special damages are based on evidence, such as receipts and wage slips.

What is the time limit to start a concussion injury claim?

Under the Limitation Act 1980, you have three years to make a concussion claim, starting from either:

• The date your accident happened; or
• The date your injury was diagnosed, known as the date of knowledge

There are a few exceptions to the three-year time limit to start legal proceedings, such as:

• Claims involving children do not have a limitation date, so a parent or legal guardian could claim for them at any time. Once they turn 18, the injured child will then have three years to take legal action themselves.
• If the injured person cannot claim due to the concussion injury or a pre-existing condition, there is no time limit for a litigation friend to claim on their behalf.
• If you suffered a concussion due to a violent crime, you have two years to claim compensation through the CICA.

Can I make a personal injury claim on behalf of my child?

Yes. If your child was injured because of someone else’s negligence, you are entitled to start a concussion compensation claim for them. A solicitor can help you apply to the court to be appointed as their litigation friend. Upon appointment, you can conduct legal proceedings like in any other personal injury claim while keeping the child’s best interests in mind.

If you win compensation for your child, the amount awarded must be reviewed at an Infant Approval Hearing. If the judge approves the settlement, the funds will be kept in a court bank account and released to the child on their 18th birthday. You may request for early release of the money if you can show this will benefit the child.

Can I start a No Win No Fee concussion claim?

If you have a valid case, you do not have to worry about paying anything upfront for legal representation. The solicitors we work with will offer you a no win no fee* service, meaning you can start your claim without taking any financial risks.

If you receive compensation, your solicitor will get a success fee of up to 25% of the award. If your case fails, you do not have to pay anything. That includes any legal charges and disbursements incurred during litigation by you and the defendant. These will be covered by the After the Event (ATE) insurance that your solicitor will take out on your behalf when starting your claim.

To make a concussion injury claim or learn more about your legal options, enter your details into our online claim form or call 0800 470 0474 for a free case assessment.