A Guide To Making A Concussion Injury Claim

By Stephen Bishop. Last Updated 2nd June 2023. 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

What Are Concussions Or Minor Head Injuries?

Concussion injury claim

Concussion and minor head injury claim

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.

How Long Do I Have To Claim For A Concussion?

As set out in the Limitation Act 1980, the time limit for starting a personal injury claim is three years. This time limit applies from the date of your accident.

This time limit can work differently under certain circumstances. For example, if a child suffers a concussion injury, then the time limit is paused until their 18th birthday. Before that day arrives, a claim could be made on the child’s behalf by a court-appointed litigation friend. If a claim has not been made by the child’s 18th birthday, then they will have three years to start a claim from that date.

For injured parties that lack the mental capacity to start a claim on their own, the three-year time limit is indefinitely suspended. A litigation friend could make a claim on the injured party’s behalf if this circumstance applies. However, if the injured party later regains enough mental capacity to claim and one hasn’t already been made, then the three-year time limit will start from the date of recovery.

Call our advisors or contact them online today to see if you are within the time limit to start your concussion claim.

Symptoms Of A Concussion Or Minor Head Injury

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:

  • Dizziness
  • Nausea/vomiting
  • Feeling dazed and confused
  • Struggling to remain awake
  • Clumsiness or trouble with balance
  • A persistent headache that won’t go away
  • Memory loss
  • Weakness
  • Bleeding
  • Loss of consciousness
  • Sensitivity to light
  • Double vision

Causes Of Concussions And Minor Head Injuries

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.

Trips And Falls Leading To A Concussion

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.

Vehicle Accidents And Crashes Leading To Concussions

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

Assaults Leading To A Minor Head Injury Or Concussion

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.

What A Concussion Injury Settlement Could Include

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.

What Is The Average Settlement For Concussion?

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.
  • 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 AwardedInjury Description
Brain DamageVery Severe£282,010 to £403,990In very severe cases, the affected individual is expected to have a loss of basic commands, a shorter life expectancy, sensory impairment, physical limitation.
Brain DamageModerately Severe£219,070 to £282,010A 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 DamageModerate (i)£150,110 to £219,070In 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 DamageLess Severe£15,320 to £43,060Minor 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 InjuryMinor£2,210 to £12,770A 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 InjurySevere (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 InjuryMinor (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 AnguishModerately Severe £4,670Those 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.

No Win No Fee Solicitors For Concussion Claims

One of the solicitors on our panel could help you with your personal injury claim. They have years of experience handling various types of cases, including minor head injury claims. They could also help you gather evidence for your claim to help increase your chances of claiming compensation for a minor head injury. Additionally, one may offer to work with you under a Conditional Fee Agreement, which is a type of No Win No Fee agreement.

When working with a No Win No Fee solicitor, you won’t need to pay any fees upfront or while the claim is being processed for their services. If your claim is unsuccessful, you usually won’t have to pay your solicitor anything for their services. However, if your claim is successful, your solicitor will take a legally capped percentage of your compensation award. This is known as a success fee.

Contact our advisors today to learn more about working with a No Win No Fee solicitor for concussion claims. They could also offer you free advice for your potential claim.

Start A Claim With Legal Helpline

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.

Supporting Information On Making A Concussion and Minor Head Injury Claim

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?

Holiday/Accident Abroad Claims – How to claim compensation for head injuries abroad?

Medical Resources

Citizen’s Advice – Vehicle insurance after an accident that wasn’t your fault

NHS – First aid and what to do after an accident 

HSE – The Health and Safety at Work Statistics 

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.