By Max Malkovich. Last Updated 27th June 2022. Welcome to our guide, which focuses on making a concussion injury claim. Whether you are at your place of work or driving your car, an accident is never an expected turn of events. Unfortunately, an accident can inflict injuries that can range from minor to life-altering. In some situations, an accident could be a blameless and unfortunate event where nobody is at fault.
However, there are some scenarios where a negligent third party that owes you a duty of care could be at fault. If that is the case and you’ve experienced a concussion or minor head injury due to the fault of another, you could be searching for a solicitor that could handle your head injury accident claim.
How To Claim Compensation For A Head Injury Causing A Concussion
If that is the case and you wish to make a concussion injury claim, Legal Helpline could be of service. We could connect those with a valid claim to a specialist solicitor from our panel. If at any point when reading this guide you have any questions or would like to begin your claim, please contact a member of our team using the number at the top of this page. Our advisors are available 24 hours a day, 7 days a week, and they can offer free, no strings attached legal advice.
Jump To A Section
- A Guide To Concussion And Head Injury Compensation Claims
- What Are Concussions Or Minor Head Injuries?
- Symptoms Of A Concussion Or Minor Head Injury
- Post-Concussion Syndrome
- When To Seek Treatment For A Concussion
- Causes Of Concussions And Minor Head Injuries
- Trips And Falls Leading To A Concussion
- Vehicle Accidents And Crashes Leading To Concussions
- Assaults Leading To A Minor Head Injury Or Concussion
- What A Concussion Injury Settlement Could Include
- What is the Average Settlement for Whiplash and Concussion?
- No Win No Fee Minor Head Injury And Concussion Compensation Claims
- Why You Should Choose Legal Helpline For Your Claim
- Start A Claim With Legal Helpline
- Supporting Information
It would be fair to state that an accident of any nature is never an expected turn of events, especially those caused by a negligent third party. If someone owes you a duty of care and they have breached that duty, whether in a public location or your place of work, you could have grounds to make a concussion injury claim against them for the damages they’ve inflicted.
Within this guide, we’ll discuss concussion-related compensation claims in greater length. To do so, we’ll answer questions such as:
- What is a personal injury claim?
- What’s the difference between a head injury and a concussion?
- How are head injuries and concussions caused?
- What damages could be taken into consideration when making a concussion injury settlement claim?
- What is a personal injury claims calculator?
- What is a No Win, No Fee Agreement?
- How could Legal Helpline assist me when pursuing a claim against a negligent party?
If you wish to pursue a claim for concussion-related compensation, you should be aware of the personal injury claim time limit, as it could affect the eligibility of your potential claim. In simple terms, a personal injury claims time limit is the length of time those affected by third-party negligence have to begin their claim. For all personal injury claims, the time limit is three years.
This clock begins to tick from the date of the accident. We therefore always advise that you seek legal advice right away. Otherwise, you may find yourself unable to claim. If you have any questions regarding the personal injury claims time limit and how they work, please contact a member of our team today.
A head injury may also be referred to as a concussion or a minor brain injury. In simple terms, accidents of this nature are often caused when an individual bangs their head against another object with significant force.
The severity of the injury could inflict various health ramifications that could range from minor to life-altering. One of the most significant concerns to those that experience a concussion or a minor head injury is mainly in connection to its invisibility. Such injuries are internal, which means they are not immediately identifiable to the affected individual. But any could result in a concussion injury claim. Factors that could cause an injury might include:
- Road traffic accidents
- Contact sports
- Violent crimes
- Slips, trips and falls
Back in 2019, a study by UK Parliament revealed the findings of a report titled Acquired Brain Injury and Neurorehabilitation, Time for Change. Amongst the stand-out figures were the 1.4 million people living with brain injuries in England. This is a worrying figure, one that must go down. But if it doesn’t, then those suffering should be able to claim for their pain.
If you have been involved in an accident that has caused a minor head injury, you might be wondering, “how do I know if I have a concussion?”
The signs of a concussion can appear within a matter of minutes or, in some cases, several days after the accident. However, there are some occasions when the symptoms of a concussion might not be evident to the affected individual at all. Therefore, it is essential to monitor your health and well-being after an accident and seek medical help if needed. That being said, there are some common concussion symptoms outlined by the NHS, which includes:
- Feeling dazed and confused
- Struggling to remain awake
- Clumsiness or trouble with balance
- A persistent headache that won’t go away
- Memory loss
- Loss of consciousness
- Sensitivity to light
- Double vision
You might be wondering what post-concussion syndrome is and what affects it could have on the body. If you have suffered a head injury or concussion of a severe nature, some of the symptoms could last longer than the normal healing process recommends. When cases of this nature occur, they are referred to as post-concussion syndrome (PCS). In simple terms, PCS means the symptoms of a concussion last longer than intended, and in some cases, it could result in long-term psychological damage to the brain.
With PCS, the typical symptoms of a concussion, such as memory loss, fatigue, and personality changes, are expected to last for extended lengths of time, and in some cases, alter the quality of life for the foreseeable future. If this happens to you, you may wish to consider filing a concussion injury claim.
If you have experienced a minor head injury, you might be wondering, “how do you treat a concussion at home?” This is a justified and relevant question to ask and one in which the NHS has discussed in greater length on their website. They recommend that for those who have experienced a mild head injury, they should:
- Rest and avoid stress
- Hold a cold compress to the injury for short bursts of time
- Take ibuprofen or paracetamol to help relieve any pain (do not use aspirin)
- Make sure you are supervised
If you have suffered a head injury and display severe signs and symptoms, the NHS recommends that you visit your nearest accident and emergency (A&E) department right away. You will require a health professional trained in head-related trauma to evaluate your injury and provide you with a diagnosis and treatment. The NHS also highlights that concussion in children and babies can be harder to acknowledge, so if a child has been injured by a suspected concussion or head injury, please seek medical attention.
Unfortunately, many different factors could contribute to a head injury, ranging from a negligent occurrence to a coincidental and blameless turn of events. For example, if an employer fails to uphold their duty of care by performing the required health and safety measures, such as risk assessments and regular housekeeping, this could result in an employee or a visitor of the premise becoming injured or harmed. These obligations have been clearly outlined by the Health and Safety Executive (HSE) as a legal requirement.
However, it is worth remembering that there are some cases where an accident could be a simple and unfortunate twist of fate. For example, those that play high contact sports like rugby could be prone to head and concussion-related injuries. This is directly related to the sheer force and impact of the sport. Accidents caused in this way would not be considered negligent as those participating consent to suffering some level of harm. But those which are the result of negligence could lead to you making a concussion injury claim.
If you have suffered from a minor head injury after a slip and fall, you might be speculating whether or not you have grounds to claim compensation. To make a claim of this nature, the injury must have been as a result of a breach in the duty of care owed to you. For example, if you work as a waiter/waitress, you could be exposed to slipping hazards from wet floors to unsuitable floor coverings.
To ensure your safety as an employee has been achieved, your employer must follow the HSE’s guidelines to prevent slipping hazards in the workplace. If an employer fails to perform these crucial steps, it could be considered a breach of the duty of care and make them liable in the event of a workplace accident. If that is the case, and you have been injured due to an employer’s negligence, you could have eligible grounds to claim compensation.
Another factor that could contribute to a concussion or minor head injury could be a road traffic accident. Such a serious incident might result in a concussion injury claim. In the event you have been involved in an accident of this nature, you could have grounds to claim against the negligent party. Many people experience injuries in car accidents due to the sheer force of the impact of the vehicle colliding with another object.
Although a concussion can be a common symptom after a car crash, it is always important to remain vigilant and monitor your health and well-being. It is also essential to understand what steps to take if the road traffic accident wasn’t your fault. Citizen’s Advice suggests that those who have been injured in a road traffic accident that wasn’t their fault should:
- Seek medical advice
- Do not admit liability at the scene of the incident
- Exchange names and contact information with the other driver
- Collect the details of any independent witnesses to the accident
- Take photographic evidence of any damage to the vehicle or the cause of the accident
Unfortunately, there are some situations where a violent and physical crime could inflict severe injury and harm. If you’ve experienced a minor head injury due to a violent crime, you could potentially claim compensation through the Criminal Injury Compensation Authority (CICA).
The CICA is a government-funded organisation that specialises in assisting those affected by violent crime. Whether the perpetrator has been sentenced for the crime or not, the CICA could provide financial support to those that have experienced severe injury or harm because of a violent crime. To make a claim through the CICIA, you must have reported the incident to the police. A failure to do so would make it difficult to make a claim of this nature.
If a negligent third party has caused you harm, you could be unsure of the damages that could be considered when pursuing a concussion injury claim. The claims process is designed to ensure all harm, both physical and financial, that has been inflicted by a negligent party are taken into consideration. A compensation package will account for such harm in the form of two heads of claim: special damages and general damages.
General Damages – General damages are awarded to compensate for the physical pain and psychological suffering after an accident. For example, those that experience a physical injury because of a negligent third party could be left with life-altering physical repercussions. If that is the case and a third party was at fault, general damages could be awarded to the harmed individual for the suffering they’ve endured.
Special Damages – Special damages are often awarded to those that experience a financial loss after an accident. To illustrate a greater understanding of the different types of financial loss that could occur after an accident, we have provided a list:
- Medical Costs – If you required surgery or treatment that wasn’t covered by the NHS, you might have had to fund your medical expenses personally. If that is the case, this financial expenditure could be taken into consideration.
- Travel Costs – After a road traffic accident, your vehicle could be written off for quite some time or require costly repairs. During this process, you might use public transportation or a rental car. The financial costs of tickets or renting another vehicle could be considered when pursuing a claim against the negligent party that is at fault.
- Loss of Earnings – If a negligent third party has caused you harm, you might require time off from work to heal and recover. During this time off from work, you could lose potential earnings if your employer doesn’t have a sick pay arrangement set in place. If that is the case, the financial loss you’ve endured during the recovery period could be considered.
You may be wondering what the average settlement for post-concussion syndrome is. Unfortunately, there is no average, as, if your claim is successful, the amount you receive can depend on factors like:
- The extent of your injury.
- Whether multiple injuries were caused. For example, if you’re wanting a settlement for whiplash and concussion and can prove that both injuries occurred from the same act of negligence, you would receive an overall compensation figure that accommodated for both injuries.
- How badly the injury has negatively impacted your life.
As mentioned above, general damages compensation is for the psychological or physical pain and suffering caused by the injury itself. The Judicial College Guidelines can give you a better understanding of what you could receive for this. The figures below have been taken from the latest guidelines that were published in 2022.
Please bear in mind that these figures only provide an idea of what you could receive – they are not guaranteed.
|Injury||Severity||Amount Awarded||Injury Description|
|Brain Damage||Very Severe||£282,010 to £403,990||In very severe cases, the affected individual is expected to have a loss of basic commands, a shorter life expectancy, sensory impairment, physical limitation.|
|Brain Damage||Moderately Severe||£219,070 to £282,010||A moderately severe case of brain injury si expected to cause a serious case of disability and injury. The affected party will be dependent on other to operate and fulfil most tasks.|
|Brain Damage||Moderate (i)||£150,110 to £219,070||In cases of this nature, there will be a moderate to severe intellectual deficit, a personality change, and an effect on sight, speech and a risk of epilepsy.|
|Brain Damage||Less Severe||£15,320 to £43,060||Minor cases of this nature are often expected to make a good recovery, return to work, and able to perform daily tasks. However, symptoms such as memory loss and a lack of concentration could prevail.|
|Head or Brain Injury||Minor||£2,210 to £12,770||A minor brain or head injury of this nature is often expected to be minimal. The affected individual may display signs of headaches and various symptoms. Those at the bottom of the bracket are expected to make a full recovery with a few weeks.|
|Neck Injury||Severe (i)||In the region of|
|An injury of this nature is often expected to leave spastic quadriparesis, leaving the individual with severe headaches and discomfort.|
|Neck Injury||Minor (i)||£4,350 to £7,890||Injuries of this calibre are expected to make a fulfilling recovery with a one to two-year timeframe. However, symptoms such as headaches or back pain could prevail.|
|Mental Anguish||Moderately Severe||£4,670||Those who experience mental anguish are often expected to have a fear of death/ a reduction the quality of life.|
If you would like to know more about claiming or want to know about your claim eligibility, please contact us for legal advice that is completely free by using the details above.
If you have eligible grounds to make a claim for compensation, a solicitor from our panel could offer to handle your claim under a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA). The CFA is designed to offer claimants financial protection and the confidence to pursue justice. If you sign a CFA with a solicitor from our panel, you will not have to pay any fees upfront, nor will you have to pay any fees during your claim either. And if your claim is unsuccessful, you will not have to pay any of the fees your solicitor has incurred in pursuing your case.
If your claim is successful, your solicitor may seek a small contribution towards their costs. This is known as a ‘success fee’ and would be deducted from the compensation awarded at the end of the claim. Don’t worry, the success fee is legally capped and will be agreed upon with your solicitor before beginning your concussion injury claim.
If you have suffered a head injury due to a negligent third party, it’s understandable if you’re unsure of your legal position. After all, accidents of any nature are never anticipated circumstances. If you’re looking for legal help and support, why not contact Legal Helpline? We could connect those with an eligible claim to a solicitor from our panel. With decades of experience handling claims of this nature, our panel of personal injury solicitors is well-versed in the legal process.
They’ll guide you through the claims process expertly, ensuring you fully understand each step. All of the solicitors on our panel strive to achieve the maximum amount of compensation possible. And if ever you have a query or would like an update on your case, they’ll be on hand to take your call. So if you have been injured and wish to make a head injury accident claim, please contact a member of our team today.
You may be asking, “how do I claim compensation for a concussion?” Now, if you wish to begin your concussion injury claim with Legal Helpline, why not contact a member of our team? Our phone lines are open 24 hours a day, 7 days a week, which means our excellent and friendly advisors are always available to answer your call. Our advisors can offer free legal advice and are always happy to answer any questions that you might have. Alternatively, you could enquire online through our enquiry form, and a member of our team will contact you at the next available and convenient time.
The number to call is 0161 696 9685.
To enquire through our online services, please click here.
Work Accident Claims – Could I sue a negligent employer after an accident?
Head injury claims – What should do you do following a traumatic head injury?
Fatal Work Accident Claims – Could I claim on behalf of a lost loved one?
Citizen’s Advice – Vehicle insurance after an accident that wasn’t your fault
Concussion Injury Claim FAQs
Is a concussion a serious injury?
There are varying levels of concussions. But anyone suffering a concussion should be quickly and closely examined by a medical professional. Usually, the injury itself may not bring about life-threatening symptoms, but the impact can be serious nonetheless.
How could I tell if a head injury is mild or severe?
This comes down to the severity of the symptoms and how long you experience them. Continuous blurred vision, repeated sensitivity to any light and almost-constant headaches are all serious signs. And these could indicate you suffering a severe head injury.
How could someone prove a concussion?
If a doctor believes that you may have suffered a concussion, you are sent for an imaging test. Examples of these are MRI tests and CT scans to disprove any bleeding or bruising of the brain. The data of these tests help to inform the doctor as to whether you really have a concussion.
Should I go to the hospital if I hit my head?
Anyone who suffers a head injury should go to the hospital’s A&E ward immediately. The longer that somebody waits to receive medical guidance, the more damaging their symptoms could become. And this also explains why someone suffering a head injury shouldn’t go to sleep until they see a doctor.
Guide by MN
Edited by REG
Thank you for reading our about, which is about making a concussion injury claim.