By Christine Anthony. Last Updated 15th February 2021. Welcome to our guide on head injury claims. The term ‘head injury’ is used to cover a whole variety of injuries to the head ranging from minor injuries such as simple cuts, bumps and bruises, to severe life-altering or life-threatening injuries such as severe brain damage.
Some head injuries may cause short term discomfort, some may cause more slightly longer-term problems such as temporary memory loss for example, but with a good prognosis of a full recovery in time, then there are those that can cause permanent long term damage such as permanent memory loss, personality changes, reduced ability to carry out normal daily tasks, or even complete loss of awareness.
Head injuries may be external such as cuts and lacerations but can also be internal where the brain is affected and suffers some damage. There are many, many different ways and reasons in which someone could suffer a head injury but quite often they can be the result of someone else’s negligence.
If you have suffered from a head injury and it wasn’t your fault, you may be eligible to make a compensation claim for your pain and suffering. Legal Helpline is a Claims Management Company made up of an experienced team of personal injury claims specialists who can help you to get the head injury settlement amount you deserve.
Jump to a Section
- A guide to claiming compensation for a head injury
- Common types of head injuries
- Common reasons for head injury
- Common symptoms of a mild injury to the head
- What are the symptoms of a traumatic head injury?
- Traumatic head injuries due to a car accident
- What long term effects may result from repeated head injuries?
- What should you do, following an accident causing a head injury?
- Common reasons people claim for head injury compensation
- What compensation could be claimed for a head injury?
- Brain and head injury compensation calculator
- How to start a head injury compensation claim?
- No Win No Fee head injury claims
- Why choose Legal Helpline to make your claim?
- Speak to our head injury claims team today
- Useful links
Suffering from a head injury, particularly if it’s severe, can be one of the most devastating injuries to happen to someone as the effects it can have on the injured person’s life and their loved ones around them, can be totally life-changing. When it comes to head injury compensation payouts, the higher amounts will be awarded to those with the most severe injuries.
Suffering a severe head injury can have devastating consequences for the victim and those around them and their lives can drastically change and the financial implications can be huge. If you have sustained a head injury due to no fault of your own, we advise that you seriously consider making a head injury compensation claim.
This guide had been produced to give potential claimants some information on what is involved when making head injury personal injury claims. Within the guide you will find information such as what you should do if you suffer a head injury, what are the symptoms, common causes, what you can include in head injury claims, average head injury compensation amounts awarded and much more.
There are a number of different types of head injuries ranging from minor to more severe. The most common types of head injury are:
- Open Head Injuries – This term is given for the types of injuries where the head has suffered a blow which has caused the skull to break and the brain be penetrated. An example of this would be a gunshot to the head or going through the windscreen in a road traffic accident at high speed.
- Closed Head Injuries – This term is used when the head had suffered a blow from hitting or being hit by an object but where the skull has not been broken.
- Concussion – A concussion occurs when the brain has been shaken or hitting against the skull.
- Scalp Wounds – The scalp is the layer of skin (where the hair grows) around the head. A scalp wound may be a cut or graze, or could be where hair has been ‘ripped out’ suddenly causing bleeding and an open sore.
- Skull Fractures – These will be the result of the skull bone-breaking or fracturing due to being hit or hitting against an object.
- Traumatic Brain Injury – A hard blow to the head, or the head being hit against something that causes a direct injury to the brain that may cause bleeding on or around the brain, swelling of the brain or brain damage.
There are many reasons or causes for which a head injury may occur. Head injuries may fall into one of two different categories:
- Blows to the head
Head injuries caused by shaking are more common among young babies and children but can occur in anyone who has experienced being violently shaken.
Head injuries commonly occur due to people falling out of bed or down the stairs, falling off of ladders or even slipping whilst in the bath. These kinds of accidents are more typical among young children and more elderly people. Other common accidents that result in a head injury, minor or severe, are:
- Bicycle accidents.
- Pedestrian accidents.
- Motorcycle and other vehicle accidents.
Sometimes participating in some sports such as boxing, hockey, rugby, baseball, football, skateboarding and lacrosse can increase the chances of suffering from some sort of head injury.
The risk of suffering brain damage directly depends on how severe the head injury was and the circumstances surrounding the accident. For example, someone falling from a great height, being hit by/or into an object at a great speed such as in a vehicle accident, or being violently shaken, will greatly increase the chances of the victim from suffering some extent of damage to the brain. However, those who have been injured from falling from a low height, being hit with a soft object or being involved In a low-speed crash will be less likely to suffer brain damage in comparison with those above. No matter how the injury was sustained, those who suffer them due to another’s negligence could make head injury claims.
When someone suffers from a minor head injury, they may suffer one or a combination of different common symptoms, such as:
- Feelings of nausea
- A very brief moment of unconsciousness, typically lasting less than a minute
- Short term memory or concentration issues
- Dizziness and problems with balance
- Blurred vision and ringing in the ears
- Sensitivity to lights and sound
- Sleep pattern may be affected
There is quite a step between the symptoms of a mild head injury and the symptoms of a traumatic head injury and any head injury compensation claims will result in the payout awarded being higher to those with the most severe symptoms. The average amount of compensation for a head injury will always be based on the severity of the injury with the award amount rising the more severe an injury is.
A person who has suffered a traumatic head injury may suffer from one or a combination of the following common symptoms:
- Being unconscious for a substantially longer time, which could last a few hours.
- Problems with co-ordination
- Speech problems
- Loss of control of the bladder and/or bowel
- Numbing and tingling sensation in fingers and toes
- Pupils dilated
Being involved in a car accident can be a traumatic experience even if only minor injuries are sustained. But being in a car accident where you have sustained a traumatic head injury can have a devastating effect on not only the victim but also their loved ones. The psychological implications can be huge and long-lasting, if not permanent, but also the effects on the victim and the victim’s family’s finances can be a real concern as medical and care bills pile up and there is the potential loss of an income.
One of the most widespread causes of death for older children and teens involved in road traffic accidents is from traumatic head injuries. In order to prevent such injuries from occurring, seat belts and motorcycle helmets must be worn at all times when travelling.
Traumatic head injuries in a car accident may be due to direct impact and fast acceleration or deceleration. Head injuries that are mechanism related may be classed as penetrative or closed head trauma. Penetrative head trauma is when something has broken through the skull leaving the brain exposed, whereas a closed head trauma will be when the head injury has taken place but the brain is still covered.
As we’ve previously stated above in this guide, the head injury compensation amounts paid will be higher the more severe the injury is. However, this way of thinking is not completely black and white and there are some grey areas which can make head injury compensation claims more complicated. The problem lies where a person’s injury can eventually become severe if they are subjected to repeated mild head trauma in comparison with someone who has a severe injury from one instance of severe head trauma. This can be a real issue for head injury claims lawyers as they have to consider whether the claim they are making is for injuries actually caused by the incident in question, or whether the incident was the last of many that have resulted in a chronic condition becoming apparent.
It has been suspected for a long time that repeated head trauma can have long term consequences that may not be immediately noticeable until further in the future. Studies conducted on athletes over the years have proved that there is a correlation between brain conditions and repetitive head trauma with symptoms often occurring long after their athletic career. Sportspersons involved in contact sports such as boxers and rugby players, for example, are at increased risk of developing head injury symptoms over time due to repetitive mild head trauma.
If a sufferer of a head injury has a valid reason for claiming compensation, then any long term effects and the possibility of any potential future problems that may become apparent in years to come should be looked into thoroughly and taken into account when the compensation award is calculated. It is really important to understand how badly a long term head injury and a severe head injury can affect a person’s life and affect the loved ones around them also.
If you have been left with a head injury after an accident or incident of some kind and it wasn’t your fault, regardless of how minor the injury may be, you may be entitled to make a compensation claim. In order to give your claim the best chance of being successful, there are a number of things you can do that will support your claim, such as:
- Photos – If possible, take photographs of where the accident or incident took place. If you sustained your head injury because of a car accident, photograph the vehicle positioning and also license plate numbers of all of those involved.
- Witnesses – It can be really beneficial to have witness statements that can back up your version of events, therefore it is important to get any witnesses’ contact details so that they can be contacted for a statement later on.
- Medical Assistance – Apart from the obvious fact that any head injury should be checked by a medical professional for health reasons, it is also a good idea to do this so that your injury is documented and a medical report can be given to prove the severity of your injury and will also give an overview of the recommended treatment and likely future prognosis.
These are just a few of the things that can be done to help support your claim and will also help to prove the other person/s liability.
There are many different kinds of accidents that could occur resulting in someone ending up with a head injury of some kind. As mentioned earlier in the guide, road traffic accidents are the most common for head injuries. However, regardless of how the head trauma occurred, it isn’t always straightforward proving who was to blame and can make claiming compensation for damages and head injury claims a complicated task.
Some of the more common reasons someone may have a legitimate reason to make a compensation claim for a head injury are:
Work accident head injuries
Employers have a duty of care to their employees to provide a safe working environment. If an employee sustains a head injury whilst at work, it’s quite possible that the employer has been negligent in some way. For example, appropriate and sufficient health and safety policies may not be have been put in place or may not have been adhered to, or there may have been a lack of training or staff shortages that have led to the accident taking place.
Head injuries from slip, trip and falls
If you slip, trip or fall in any public place, for example in a library, supermarket, or even just whilst walking along a path, there is a good chance that someone is responsible for taking measures to prevent such accidents occurring and so there would be a legitimate reason for making a claim.
Road traffic accident head trauma
Regardless of whether you were driving a car, riding a motorbike or a passenger on public transport, if you are involved in an accident that wasn’t your fault resulting in you sustaining trauma to the head, you will have a valid reason to make a claim.
If you have sustained a head injury after being involved in an accident that wasn’t your fault then you may be considering launching a claim for damages. There are a number of things that you can include in your claim, such as:
- General Damages – These take into account the physical aspect of your claim, therefore, the severity of your injury, the physical and psychological effect of sustaining such an injury, and the pain and suffering you have endured will come under general damages.
- Care Claim – If you have needed help around the home and care, the person who is helping and caring for you can make a claim.
- Rehabilitation – Any costs incurred through long term rehabilitation of a head trauma victim should be included. These may be costs for care, physiotherapy, psychological therapy, and speech therapy to name a few.
- Loss of Income – Any income lost or future potential income lost should be covered here.
- Travel Costs – Any travel costs incurred as a direct result of your injury should be included. This also includes covering costs for any vehicle adaptions or new vehicle purchases that have been made to accommodate your needs after suffering your injury.
- Special Educational Needs – Particularly relative to younger head trauma victims, there may be a need for them to attend a special school for those with extra educational needs and care.
- Home adaptions or new home purchase – Similarly as with vehicle adaptions, any costs of home alterations undertaken that were necessary in order to cater for the head injury victim should be included.
- Medical Costs – Any medical costs incurred such as prescription fees. Also, any private medical costs due to treatment unavailable on the NHS need to be included too.
Making a claim can be a complicated and long drawn out process with lots of points to consider and items to include, therefore we strongly recommend seeking legal advice from an accidents claims specialists in order to give yourself the best chance of success.
So how much compensation do you get for a head injury? In all honesty, it would be impossible for anyone to give an exact answer to that question as there are so many variables that need to be taking into account when calculating an award amount. Every case is different. As already previously mentioned, the award amount will heavily depend on the severity of the head trauma. By looking at previous head injury compensation case studies and using our head injury compensation calculator, we have been able to put together a table that shows the average compensation for head injury amounts for different degrees of severity.
Reason for Compensation Average Awarded Amount Comments
|Reason for Compensation||Average Awarded Amount||Comments|
|Brain Damage Very Severe||£264,650 to £379,100||The top of the bracket is for those who have severe physical limitations and vegetative state with shortened life expectancy. The lower end will be for those as above but with a life expectancy in excess of 15 years.|
|Brain Damage Moderately Severe||£205,580 to £264,650||The claimant will be severely disabled and in need of permanent constant care.|
|Brain Damage Less Severe - Moderate||£14,380 to £205,580||The higher end of the bracket will be for those with permanent disability, no employment prospects and significant risk of developing epilepsy. The lower end will be for those who have made some recovery and may be able to work but not all normal functions such as memory, concentration and personality traits will be back to normal. Depression may become apparent.|
|Brain Damage Minor||Up to £11,980||Any damage will be minimal. The award amount will depend on the severity of the initial injury and if any lasting side effects such as headaches are present.|
For more help and guidance regarding your own personal circumstances and head injury claims, please contact Legal Helpline, a personal injury Claims Management Company.
Starting your claim is as simple as picking up your phone. When you call us at Legal Helpline, you will be offered a free consultancy session with one of our experienced personal injury claim experts where you can discuss your case and ask as many questions regarding making a claim as you need to.
We will also use this session to get as much information from you as we can.
Once we are satisfied that you have a legitimate reason for claiming compensation, with your permission, we can then begin working more deeply on your case gathering evidence that will fully support your claim in a court of law.
We may offer you a free local medical but will discuss this further if we feel it could be beneficial to your case.
Legal Helpline offers a No Win No Fee service. What this means is that if you were to use us to conduct your claim on your behalf and we were unsuccessful in securing you a compensation award amount (in other words, lost your case) you would not be liable to pay any of our legal costs at all, not a penny. Also, the No Win No Fee service, otherwise known as a Conditional Fee Agreement, means that if we win, although you will be required to pay a fee, this fee will be taken as a small percentage of your awarded amount once it is released. What this essentially means is that there are no upfront costs and no gamble of your finances when you use Legal Helpline’s No Win No Fee service.
Legal Helpline offers this service as we believe that everyone, no matter their financial position, should have the chance to claim compensation if they have suffered an injury due to somebody else’s negligence, and with No Win No Fee, it makes this possible as there is no financial outlay and no financial gamble.
Legal Helpline is a Claims Management Company, with a team of personal injury claims specialists that have worked in the industry for many years, gaining plenty of experience. We have a fantastic track record of successful claims, often winning the maximum award amount possible for our clients.
Working in a quick, efficient and professional manner, we aim to reduce the stress our clients often experienced when deciding to make a compensation claim. We work hard on their behalf and keep them up to date with how their claim is coming along which gives them the relief and freedom to concentrate on their own needs and recovery.
We’ll make sure that all possible avenues for gathering supportive evidence are exhausted to help build a strong case and make sure that any costs and future costs that are of a direct consequence of our client’s injury are included in the claim to increase our client’s chances of successfully claiming the maximum amount.
As a friendly and reliable team that cares about our clients, we feel empathy towards them and want to do our best to at least relieve their feelings of financial concern and to get them the justice they deserve for the pain and suffering they have had to endure due to someone else’s negligence.
If you would either like to gain some help and guidance in making a compensation claim or would like us to represent your case, please call us on 0161 696 9685 and a member of our team will do their best to help.
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NHS guide on what to do if you suffer a severe head injury, symptoms and when you should seek medical help.
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Other Guides You Can Check Out
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Head Injury Claims FAQs
How much compensation will I get for a head injury?
How much compensation you receive for a head injury varies. Factors that determine compensation amounts include the severity of the injury, the impact of injuries on finances and how your psychology was affected.
What is the average payout for concussion?
The average payout for concussion may not be applicable to your situation. This is because compensation is determined on a case-by-case basis. Your case could be above or below average.
Should I accept my first offer of compensation?
If you believe that the first offer of compensation is reflective of your pain, suffering and financial damage accrued, you could accept it. However, we’d recommend not accepting settlements before you’ve had an independent medical assessment.
Thank you for reading our guide to head injury claims.