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Head Injury Claims

Experiencing a head injury can be a traumatic and distressing event that can lead to a range of physical and emotional consequences. The severity of the damage can vary widely, with some cases resulting in fatalities. Common causes of head trauma include road traffic accidents, violent crimes, sports injuries and accidents at work.

Our partnered solicitors have extensive experience in handling head injury claims and are skilled in their ability to negotiate the highest levels of compensation possible.

If you would like to find out whether you might be entitled to head injury compensation, you can receive a free, no-obligation consultation. Just call 0800 032 3660 to speak to a friendly legal advisor who can assess your case and answer any questions you may have. Alternatively, you can request a call back using our online claim form.

If you do have a valid claim, your solicitor will be able to process your case on a no win no fee basis. This helps to eliminate the financial risk of making a claim, as you will not pay a penny if your solicitor is unable to secure compensation for you.

Can I make a claim for a head injury?

Yes, you might be able to make a claim for the head injury you sustained if it was due to someone else’s negligence or wrongdoing. To determine if you have a valid head injury claim, you should seek the advice of a qualified personal injury solicitor. They can assess your case and advise you on the best course of action.

As a general rule, you should be eligible for compensation if:

  • The defendant owed you a legal duty of care
  • Their negligence or intentional actions directly caused your head injury
  • You were injured within the last three years

During your free consultation, a legal adviser will determine whether you have valid grounds to start a claim. If you are eligible for compensation, your solicitor will help you gather evidence to prove liability and the losses you incurred.

Even a minor head injury can lead to long-lasting symptoms like headaches and dizziness, so you should not waive your right to head injury compensation before seeking legal advice. Also, you should keep in mind that you may be able to recover damages even if you were partially at fault for your injuries.

Under the principles of contributory negligence, your compensation award would be reduced accordingly, depending on the extent of your contribution to the harm. For example, if you were injured in a car accident but were not wearing a seatbelt at the time, the court may find that your failure to wear a seatbelt contributed to the severity of your injuries, and may reduce the amount of compensation you receive.

What are the main types of head injuries?

Various types of head injuries may lead to a potential compensation claim. Some of the common types of harm that can result in a head injury claim include the following:

Lacerations to the head

Lacerations to the head can be due to various events, including falls, car accidents, assaults, sports injuries, and work-related accidents. They can also occur as a result of medical procedures or surgeries. In general, any situation in which the head is subjected to blunt force trauma or a sharp object can result in a cut or laceration.

Concussion

A concussion is a type of brain injury caused by a blow to the head or a violent shaking and can result in a temporary loss of consciousness, confusion, headaches, dizziness, and other symptoms. In some cases, the symptoms can be mild and resolve on their own within a few days or weeks, while in other cases, they can be more severe and long-lasting, requiring medical treatment and rehabilitation.

Minor to severe brain damage

Minor to severe brain damage can occur as a result of various types of accidents or injuries, such as:

  • Traumatic Brain Injury (TBI): A TBI is caused by a sudden blow or jolt to the head, which can cause damage to the brain. TBIs can have severe long-term effects on the victim, such as cognitive impairment, physical disability and behavioural changes.
  • Stroke: When the blood flow to the brain is disrupted, brain cells may die, causing a medical condition known as a stroke. The extent of brain damage caused by a stroke can range from minor to severe, depending on the severity of the stroke.
  • Oxygen deprivation: Lack of oxygen can also cause brain damage, and this can happen due to various reasons such as near-drowning, suffocation, or medical negligence during childbirth.
  • Infection: Infections can lead to brain damage by causing inflammation, which can damage brain tissue and impair brain function. Some infections that can cause brain damage include meningitis, encephalitis, sepsis, and abscesses.
  • Toxic exposure: Exposure to certain toxins such as lead, mercury, or carbon monoxide can also cause brain damage.

Head injuries that cause epilepsy

Head injuries can cause epilepsy if there is damage to the brain tissue, particularly in the areas of the brain responsible for regulating electrical activity. This damage can cause abnormal electrical activity in the brain, leading to seizures and epilepsy. The severity and type of epilepsy can vary according to the degree and location of the brain damage.

Cosmetic damage, such as scarring

Cosmetic damage to the head, such as scarring, can result from head injuries, and it can cause emotional distress and affect a person’s self-confidence. In cases where the scarring or other cosmetic damage was due to someone else’s negligence, you might be able to claim compensation for the resulting emotional distress and impact on your quality of life.

If you have suffered any of these or other head injuries through the fault of another person, you may be eligible to make a head injury compensation claim. To find out if your case has merit, call 0800 032 3660 today for a free consultation with a legal adviser.

What are the leading causes of head injury claims?

A person can sustain a head injury in numerous ways, and solicitors are experienced in successfully handling claims for a host of different accident types. Some of the common causes leading to a head injury compensation claim include:

Road traffic accidents

Head injuries are a common consequence of road traffic accidents. The sudden impact and force of a collision can result in a range of head injuries, from minor concussions to severe traumatic brain injuries. Head injuries can still occur even when wearing a seatbelt or a helmet. If you have been involved in a road traffic accident due to someone else’s negligence, you might be able to make a head injury claim.

Falls from heights

A fall from height can result in a range of head injuries, including concussion, skull fractures, bleeding on the brain, and traumatic brain injuries (TBIs). The severity of the harm depends on several factors, such as the height of the fall, the surface landed on, and whether protective gear, such as helmets, was worn.

Head injuries sustained from falls from height can result in long-term physical and psychological harm, which may require ongoing medical treatment and rehabilitation. You might be entitled to claim compensation if the fall was due to someone else’s negligence.

Accidents in the workplace

Accidents in the workplace can also result in head injuries, particularly in industries such as construction, manufacturing, and transportation. Common causes of workplace head injuries include falls from heights, being struck by falling objects, and accidents involving machinery or vehicles. In such cases, an injured worker could claim head injury compensation from their employer if the accident was due to their negligence or failure to provide a safe working environment.

Slips, trips and falls

Slips, trips, and falls can also result in a head injury claim. When someone slips or trips, they may fall forward, backwards or sideways, and their head may strike the ground or a hard object. This impact can cause a range of head injuries, including a concussion, brain contusion, skull fracture, or bleeding on the brain. In such cases, the property owner or employer may be liable for the injuries sustained and the resulting suffering and financial losses.

Being struck by a falling object

Being struck by a falling object can cause minor to severe head injuries, depending on the size and weight of the item and the force of impact. For example, a person may be struck by a falling object at a construction site, warehouse, or public space such as a shopping centre. The head injury may include lacerations, contusions, concussions, or traumatic brain injuries.

Sports accidents

A head injury can occur during a sports accident due to a variety of reasons, such as:

  • Contact with other players, such as in contact sports like football, rugby, and boxing
  • Collisions with equipment, such as being hit with a ball, bat, or stick
  • Falls during play, such as in skateboarding or skiing accidents
  • Improper use of protective gear or equipment
  • Accidents during training, such as weightlifting accidents

While all sports carry some risk of injury, you might be entitled to compensation if you were injured due to someone else’s negligence, such as a coach, property owner or event organiser.

Violent crimes

A violent crime can cause a head injury if the victim is hit or struck by a weapon, such as a blunt object or a firearm. Assaults, muggings, and robberies are common examples of violent crimes that can result in head injuries. The severity of the head injury can vary depending on the force of the impact and the type of weapon used.

Regardless of how you were injured, you could make a head injury claim if your accident was due to another party’s negligence. The easiest way to find out if you could seek compensation is to discuss your case with an experienced legal adviser.

What is the process for making a head injury claim?

The process for making a head injury claim typically involves the following steps:

Contact a solicitor

The first step is to contact a solicitor specialising in personal injury claims, particularly those involving head injuries. The solicitor will be able to provide you with legal advice and guidance on your options and the claims process.

Investigation

Your solicitor will investigate the circumstances surrounding your head injury and the losses you suffered. You can help support your claim for head injury compensation by providing evidence such as:

  • Photographs of the accident scene and any visible injuries you suffered
  • Medical records that include a full assessment of your injuries, treatments and interventions you received and your recovery prospects
  • CCTV or dash cam footage, if your accident got recorded on camera
  • The names and contact information of any witnesses who might be able to give an account of how the events unfolded
  • An accident report form if you were injured at work or in a public place such as a shop or restaurant
  • Any documents related to your financial losses and expenses, such as pay slips, receipts or bank statements

Establishing liability

Based on the circumstances of your accident and the available evidence, your solicitor will assess who is responsible for your head injury. After preparing your case, they will also contact the defendant and inform them of your intentions to pursue head injury compensation.

Medical assessment

Your solicitor will arrange for a free medical assessment to determine the extent of your head injury and its impact on your life. This will be used to calculate the amount of compensation you are entitled to.

Negotiation

To obtain a fair settlement for your head injury claim, your solicitor will engage in negotiations with the other party’s insurance company. If the negotiations do not result in a settlement, your solicitor may recommend pursuing your claim in court.

Compensation

If your claim is successful, you will receive compensation for your head injury. This may include compensation for medical expenses, lost earnings, and any other expenses incurred because of your injury.

How much compensation can I claim for a head injury?

Your final compensation offer will reflect the severity of your symptoms, as well as the level of liability of the defending party. The highest compensation awards will be paid to those with the most severe cases, and your solicitor will strive to obtain the greatest settlement figure for you based on your specific details.

There are two types of damages you can recover in a head injury compensation claim:

General damages are awarded for the physical injury and its subjective effects, such as:

  • Physical pain and suffering
  • Physical and mental disability
  • Emotional trauma
  • Distress, anxiety and other psychological damage
  • Reduced quality of life and life expectancy
  • Effects on your hobbies and social life
  • Loss of consortium or companionship

Special damages are awarded for any financial costs and losses you incurred, such as:

  • Loss of earnings
  • Loss of earning capacity
  • The cost of medical treatments and physical therapy
  • Care costs, even if provided by friends or family
  • Travel expenses for medical appointments or if you could not drive during recovery
  • Modifications to your home or vehicle to accommodate a disability

According to the guidelines published by the Judicial College, the average compensation payouts for a head injury are:

  • £2,210 to £12,770 for a mild head injury with no brain damage
  • £15,320 to £43,060 for a head injury causing some minor brain damage
  • £43,060 to £219,070 for moderate brain damage with long-term symptoms
  • £219,070 to £282,010 for head injuries causing severe brain damage
  • £282,010 to £403,990 for very severe brain damage caused by a head injury
  • £12,750 to £25,350 for a head injury leading to moderate tinnitus and hearing loss
  • £26,700 to £39,000 for a total loss of hearing in one ear
  • £28,100 to £33,500 for the total loss of smell and significant loss of taste
  • £16,400 to £21,400 for loss of taste

To obtain a realistic estimate of how much money you are likely to be offered in a head injury claim, discuss your case with an experienced solicitor by calling the free number 0800 032 3660.

Is there a time limit to claim compensation for head injuries?

Yes, there is a time limit to claim head injury compensation in the UK. Generally, the limitation date is three years from the date of the accident or injury. Alternatively, the time may start to run from when you became aware that your injury was due to someone else’s negligence. This time limit is set out in the Limitation Act 1980.

If you miss the time limit, then you will be time-barred, meaning that the court will no longer consider your claim even if it has merit, and you will not be entitled to compensation. There are some exceptions to the three-year time limit, such as:

  • In the case of child accident claims, a parent or a legal guarding could start a head injury compensation claim on their behalf at any time. Once the child turns 18, they will have another three years to pursue a claim themselves.
  • If someone lacks the mental capacity to conduct legal proceedings, there is no time limit to make a claim on their behalf in the UK as their litigation friend. However, pursuing the claim as soon as possible is still advisable to ensure that evidence is still fresh and available and to prevent potential delays or complications.
  • If your injury was due to a criminal act, the time limit for claiming through the CICA is generally two years from the date of the incident. The CICA also requires that you previously report the event to the authorities and have a police reference number.
  • Under the Armed Forces Compensation Scheme (AFCS), military personnel can initiate a head injury claim within seven years. However, if they choose to pursue a civil case instead, they must do so within three years of the accident.
  • The time limit to claim for the loss of a loved one is three years from the date of death or from when you became aware of the cause of death.
  • If you suffered a head injury abroad, the time limit to claim can vary considerably between countries and may be much shorter than three years.

It is important to note that it is best to start the claims process as soon as possible to ensure that there is sufficient time to gather evidence and build a strong case. If you are uncertain about whether you can make a head injury claim, it is recommended that you seek legal advice from an experienced solicitor.

How long will it take to process my claim?

The duration it takes to make a compensation claim can be affected by several factors. During your initial consultation with a solicitor, they will evaluate your case and determine its complexity. Based on this evaluation, they can provide you with an estimate of the expected duration for reaching a settlement offer. This information will help you set realistic expectations from the beginning.

  • Several key factors can impact the timeline for completing a case, such as:
  • The complexity of the case
  • The availability and strength of evidence
  • The time it takes for defendants to respond
  • Whether there is any dispute on liability or responsibility
  • The severity of the injuries sustained and whether ongoing treatment is required
  • The promptness with which you initiate the claim, as this can affect witness recollections and the availability of supporting documentation
  • Delays caused by external parties such as doctors, rescue workers, witnesses and occupational health workers who might provide assessments

In general, straightforward cases with clear liability and little disagreement about the extent of the injuries may be resolved more quickly, sometimes within a few months. However, more complex cases that involve ongoing medical treatment, disputed liability, or multiple parties may take longer, sometimes up to several years.

To encourage a swift completion of your case, you are advised to support your solicitor in gathering relevant evidence and produce as much information as possible from the outset to allow them to quickly build a strong case on your behalf.

It’s important to note that your solicitor will work to resolve your claim as efficiently as possible while also ensuring that you receive fair compensation for your injuries. They will keep you informed of any developments in your case and provide regular updates on the progress of your claim.

Can a pre-existing head injury affect your compensation claim?

If you have a pre-existing injury, illness, or chronic condition that was made worse by an accident, you may still be able to seek compensation. In this case, your solicitor will need to establish the extent to which your new head injury has caused additional pain, suffering, and financial loss.

Claiming compensation for an aggravated pre-existing condition can be a complicated process. Your solicitor will obtain your consent to access your medical records and then engage experts to assess and produce a qualified report on the impact of the accident.

This report will serve as the foundation for your head injury claim. However, assessing the amount of compensation can be more intricate when claiming for a pre-existing condition or injury that has worsened due to the accident.

It is essential to disclose any pre-existing conditions or injuries to your solicitor from the outset so that they can assess the impact it may have on your case and provide you with realistic expectations of the head injury compensation you may receive.

Can I claim for a head injury using no win no fee?

Yes, you may be able to make a head injury claim on a no win no fee basis. That means you can get legal representation without paying upfront fees to your solicitor, and they will only be paid if you win your case. The fee will usually be a percentage of the compensation you receive. No win no fee agreements are also known as Conditional Fee Agreements (CFAs).

No win no fee arrangements can help individuals who might not otherwise be able to afford legal representation to pursue their compensation claim. Furthermore, this service can help ensure that your solicitor is fully committed to your case and working hard to secure the best possible outcome for you.

If you consider claiming for a head injury on a no win no fee basis, speaking to a qualified solicitor specialising in personal injury claims is important. They can advise you on your eligibility for a no win no fee agreement and guide you through the claims process.

Your solicitor will also help you take out After the Event (ATE) insurance to protect you against legal costs and disbursements if your case is unsuccessful. ATE insurance is a legal expenses insurance that covers:

  • The defendant’s solicitor fees
  • Court and counsel fees
  • Travel expenses
  • Expert witness fees
  • Police and medical reports
  • Barrister fees, if your claim goes to court
  • The cost of the ATE premium itself

Overall, the no win no fee agreement and the ATE insurance policy can provide significant benefits to those pursuing a claim, allowing them to access justice without the fear of financial ruin if their case fails.

If you want to start a head injury compensation claim or learn more about your legal options, call 0800 032 3660 today for a free consultation with a legal adviser. Or to receive a call back, enter your details into the contact form below, and a legal adviser will be in touch to discuss your claim.