We understand how traumatic brain injuries can be. They can have a serious and life-long impact on not just the injured individual, but also to those close to them. If you, or someone you know, has suffered damage to the head and believe it was someone else’s fault, you may be entitled to claim brain injury compensation.
Knowing your rights is essential to ensure that you, or a loved one, receives the brain injury compensation that’s deserved. That’s where we can step in.
Key Takeaways
- You are eligible to claim for a brain injury on behalf of yourself or someone else if someone else’s negligent actions/inactions were what caused the injury.
- Brain injury compensation can provide a lifetime of support and mitigate the financial pressures associated with recovery. It can help fund rehabilitation and medical treatment, as well as covering the costs for any lifestyle changes and home adaptations.
- Brain injury claims can be extremely complex, especially if severe brain damage has been suffered.
- You may benefit greatly if a specialist solicitor works with you, as they can use their expertise to ensure that the right amount of brain injury compensation is awarded.
- Our panel of No Win No Fee solicitors can give you immediate support and guidance, ensuring that you receive financial assistance and rehabilitation care as soon as possible.
One of our advisors can discuss the serious injury claims process with you. As part of your free consultation, they can assess whether you have a valid claim or advise on your loved one’s claim. Additionally, they can talk you through how you would claim on behalf of a loved one who is incapable of doing so themselves. There’s no obligation to proceed with our services when you reach out to an advisor, but if you meet the eligibility and wish to do so, they can connect you to one of the solicitors from our panel. Contact an advisor today for free:
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Jump To A Section
- How Much Is The Average Brain Injury Compensation Payout?
- What Is Considered When Calculating Compensation For A Brain Injury?
- Can Brain Injury Compensation Be Accessed Early For On Going Needs?
- Who Can Claim After A Brain Or Head Injury?
- How Can Head And Brain Injuries Be Caused?
- Can Brain Injury Compensation Be Claimed After Medical Negligence?
- Common Examples Of Brain Injuries
- What Is Needed To Prove Someone Else Is At Fault For A Brain Injury?
- How Can Legal Helpline Support A Brain And Head Injury Compensation Claim?
- Learn More
How Much Is The Average Brain Injury Compensation Payout?
Brain injury compensation payouts can be substantial, and for the brain injury alone, the value can go as high as £493,000, depending on how severe the injury is, according to the compensation guidelines within the Judicial College (JCG). However, that said, the financial losses associated with brain injuries can evidently raise the value of this figure, and settlements can run into millions of pounds.
The JCG is a document used by legal professionals used when valuing the injury and how much could be awarded in general damages. General damages is the head of claim that covers the physical and psychological effects of the brain injury, including:
- How the quality of life has changed.
- Whether there are any prospects of recovery.
- Whether there is any pain.
We have taken some brain injury entries from the JCG to create the table below, to give you a rough idea of what might be awarded in general damages. Please bear in mind that none of these figures can be guaranteed, and the very top figure is the only one not from the JCG:
Injury type | Guideline compensation figures | Severity + notes |
---|---|---|
Multiple serious injuries with special damages | Up to £1,000,000+ | Multiple serious injuries with associated financial losses, such as loss of earnings, home adaptation costs, and therapy costs. |
Brain damage | £344,150 to £493,000 | Very severe (a) cases such as quadriplegic cerebral palsy where the physical and cognitive disabilities are severe. |
£267,340 to £344,150 | Moderately severe (b) a minimal conscious state with a reduced life expectancy. | |
£183,190 to £267,340 | Moderate (c)(i) a severe personality change and intellect deficit, with no prospect of employment. | |
£110,720 to £183,190 | Moderate (c)(ii) a moderate intellect deficit, with the prospect of employment being significantly reduced. | |
£52,550 to £110,720 | Moderate (c)(iii) concentration and memory are affected and there may be fatigue | |
£18,700 to £52,550 | Less severe (d) concentration and memory problems, with the prospect of employment being reduced. | |
Skeletal | £29,060 to £44,840 | Le fort frontal facial bone fractures (a) |
£18,180 to £29,220 | Multiple facial bone fractures (b) leading to some permanent deformity. |
One of our advisors can help you out by providing a more accurate estimation of how much compensation you could claim for a brain injury, either your own or on behalf of a loved one. Get in touch today for your free, no-obligation consultation.
What Is Considered When Calculating Compensation For A Brain Injury?
When legal professionals calculate brain injury compensation, there are 2 heads of claim that are considered:
- General damages, which we have discussed above.
- Special damages, which covers the financial losses associated with the brain injury.
Special damages can form the most significant part of brain injury compensation, as all of the past, present, and future costs are covered. Including:
Loss Of Income
- Loss of earnings, and future loss of earnings, if you’re unable to work due to the injury.
- Missed pension contributions.
- Missed bonuses and pay rise opportunities.
Care Expenses
- Costs of hiring professional carers for assistance in your home with daily activities, and personal care.
- Gratuitous care costs (the time spent from family and friends providing care).
- Costs for live-in care or care in specialised facilities, such as nursing homes.
Medical Costs
- Private hospital stays.
- Medicines, prescriptions, and supplies, such as bandages.
- Costs to have diagnostic tests.
Cost Of Rehabilitation
- Specialist assessments, for example, from neurologists.
- Therapy costs, such as physiotherapy and speech therapy.
- Counselling costs for the psychological effects of the injury.
Home Adaptations
- Installing stairlifts.
- Widening doorways and ramps to make the home wheelchair accessible.
- Installing a wet room.
Car Adaptations
- Steering aids.
- Hand controls.
- Hoists.
Travel Expenses
- Travelling to and from medical appointments.
- Your friends and family travelling to and from the hospital to visit you.
- Travelling to necessary rehabilitation sessions.
Proof of special damages is essential in supporting a brain injury compensation claim. So, please keep all bank statements, receipts, invoices, and payslips. Our panel of solicitors can help you with this if you connect with them.
Contact an advisor to learn more about how brain injury compensation is calculated.
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Can Brain Injury Compensation Be Accessed Early For On Going Needs?
Yes, wherever possible, our panel of solicitors can help you seek interim payments as financial support while you await the outcome of your brain injury claim.
Interim payments are payments taken out of your compensation to pay for any immediate costs that arise from the injury. They can prevent financial hardship while a brain injury compensation claim is still being processed. However, there are conditions that need to be met in order for the courts to accept an interim payments request:
- The liable party must admit liability, or there’s a very strong chance that they’ll be found liable in front of a judge.
- The payments must be necessary and reasonable.
- The courts are satisfied that a substantial amount of money will be awarded in the claim.
If you connect with one of the specialist brain injury solicitors from our panel, they can help you apply for interim payments.
Who Can Claim After A Brain Or Head Injury?
You can claim compensation for a brain injury, for either yourself or on behalf of a loved one, if it’s proven that negligence occurred. Negligence occurs when:
- A liable party breaches their duty of care.
- An injury is suffered as a direct result of this breach.
A liable party can include:
- Employers. They owe a duty of care under the Health and Safety at Work etc. Act 1974 to all of their employees. As per their duty, they must take reasonable steps to ensure that their employees are safe at work.
- Occupiers (those in control) of public places. They owe a duty of care under the Occupiers’ Liability Act 1957 to all lawful public visitors of their space. As per their duty, they must take steps to ensure that their visitors are reasonably safe.
- Road users. They all owe one another a duty of care when on the road. As per their duty, all road users must abide by the rules in the Road Traffic Act 1988 and The Highway Code to ensure that one another is safe.
If you believe that you, or someone you know, suffered negligence, you can find out for free today in a quick, no-obligation chat about what happened.
How Long Is The Brain Injury Compensation Claim Time Limit?
The brain injury compensation claims time limit is typically 3 years, but varies depending on whether you are making a claim for yourself, or on behalf of someone else.
As per the Limitation Act 1980, the time limit is paused for those under 18 and those who lack their full mental capacity, as they are unable to make a claim for themselves until either:
- The date of their 18th birthday.
- The date in which their full mental capacity is recovered.
If someone you know has suffered a serious brain injury, it is possible that they’ll be lacking their mental capacity in full.
As such, the brain injury claims time limits are as follows:
- If you are claiming for yourself – you have 3 years from the date you suffered your injury to begin a brain injury claim.
- If you are claiming on behalf of someone else – you have any time while the limitation period is paused for the claimant to begin a brain injury claim on their behalf as a litigation friend. Litigation friends are individuals appointed by the courts to step in and act in the claimant’s best interests.
If you would like to make a brain injury compensation claim on someone else’s behalf and want more information on how to become a litigation friend, please contact an advisor today.
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How Can Head And Brain Injuries Be Caused?
Head and brain injuries could potentially result from various negligent acts. Below, we explore some examples of how negligence could occur in different settings:
Accidents At Work
- An employer fails to provide their construction site employees with a hard hat and other necessary Personal Protective Equipment (PPE). This results in an employee sustaining severe brain damage as a piece of debris falls and hits their head.
- An employer fails to regularly conduct maintenance checks on their equipment. This leads to them giving an employee a faulty ladder. The employee subsequently falls from a height off the ladder as it breaks, suffering brain damage as a result.
Road Traffic Accidents
- A driver fails to stop at a red light at a 4-way junction. As a result, the negligent driver causes a T-bone collision, and the driver who was hit suffers whiplash and a concussion from the impact.
- A driver is exceeding the speed limit, and therefore fails to brake in time for the zebra crossing ahead of them. This leads to them running over a pedestrian who’s on the zebra crossing; they suffer brain damage and other serious injuries from the impact.
Public Liability Accidents
- The occupier of a public swimming pool fails to display any warning “no diving” signs by the shallow end of the pool. This leads to someone diving in the shallow end, unaware of the danger, and they hit their head at the bottom of the pool.
- There have been multiple reports of a loose paving slab on a pedestrian footpath. But, the local council hasn’t made any effort to fix this hazard in a timely manner. As a result, someone trips and falls over the paving slab, leading to a skull fracture.
In the above examples, it’s clear how an employer, occupier, or road user can be liable for a brain injury.
To discuss the specific circumstances of the brain injury you wish to claim for, please contact an advisor today.
Can Brain Injury Compensation Be Claimed After Medical Negligence?
Yes, brain injury compensation can be claimed if medical negligence occurred. Medical negligence occurs when:
- A medical professional breaches their duty of care.
- A patient sustains avoidable harm (harm that could have been avoided) as a direct result of this breach.
All medical professionals owe their patients a duty of care. As per their duty, they must ensure that the standard of care they provide is correct. As such, a medical professional can breach their duty by providing substandard care.
If you believe that you, or someone you know, has suffered due to medical negligence, find out with our advisors whether you can claim brain injury compensation today.
Common Examples Of Brain Injuries
Types of brain injuries can be categorised into traumatic and non-traumatic.
Examples of traumatic brain injuries:
- A diffuse axonal injury.
- Concussion.
- Skull fractures.
- A coup-contrecoup injury.
- Penetrating wounds.
- Contusion (a bruise on the brain).
- Hematoma.
Examples of non-traumatic brain injuries:
- Stroke.
- Brain tumours.
- Brain aneurysms.
- An anoxic brain injury.
- Encephalitis.
All of these types of head injuries and brain damage can range from minor to very severe. To discuss the brain injury you would like to claim compensation for in more detail, please have a chat with an advisor today.
What Is Needed To Prove Someone Else Is At Fault For A Brain Injury?
To prove someone else is at fault for a brain injury, you must have strong evidence that shows how the injury occurred, and how you’re suffering as a result. This includes:
- CCTV footage of the accident that led to the injury.
- Contact details from any witnesses to the accident. Your solicitor can then ask them to give a witness statement later in the claims process.
- Photographs of the accident site, particularly if it shows how the accident occurred (such as a faulty ladder).
- A filed record of the incident, such as a police report after a road traffic accident or a workplace accident report book entry.
- Copies of your medical notes, records, and test results.
- Keep a personal treatment and symptoms diary.
- Photographs of the injury if visible.
Our panel of solicitors collect this evidence as part of their services. This means that they can do the hard legal work while you or a loved one recovers, taking the stress of the brain injury compensation claims process away. Contact us today.
How Can Legal Helpline Support A Brain And Head Injury Compensation Claim?
Our panel of No Win No Fee solicitors at Legal Helpline can support brain injury compensation claims by offering their services and expertise. Their services include:
- Collecting all required evidence.
- Sending all correspondence to the parties involved, including the defendant.
- Fighting and negotiating to ensure that the brain injury compensation is fair and covers all types of suffering and losses.
- Submitting interim payment requests.
- Help finding relevant rehabilitation support.
- Ensuring the claims time limits are adhered to. This includes monitoring the defendant’s response times.
- Keeping you updated throughout and explaining any legal terminology you come across.
- Sorting legal representation for your claim if it gets sent to the courts.
Our panel also provide these services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This essentially means that:
- You, as a claimant or litigation friend, pay nothing upfront for your solicitor’s fees.
- You pay nothing towards solicitor’s fees throughout the entire duration of the claims process.
- If the claim is unsuccessful, you still pay nothing at all towards solicitors’ fees.
- If the claim is successful, a small success fee will be taken from your brain injury compensation. But, this success fee is a percentage that’s legally-capped at 25%. So, you’ll still receive the majority of the compensation no matter what.
Our panel have years of knowledge and are passionate about helping those who have suffered a brain injury. To find out how else our panel of specialist solicitors can help you or a loved one today, please contact us.
Contact Our Team Of Advisors
Our advisors work around the clock to ensure that your enquiries are answered, and we understand how detrimental brain injuries can be for individuals and their families. Let our panel of solicitors help you during this difficult time. They can alleviate any unnecessary stresses throughout the claims process:
- Call 0333 0000729.
- Fill out our Contact Us page.
- Message an advisor directly using our on-screen live chat box.
Learn More
To learn more about serious injury claims, browse our similar guides here:
- What the pavement trip hazard height is in the UK.
- Learn about paralysis injury claims.
- Find out everything you need to know about personal injury claims.
You might also find these other pages useful:
- Brain Research UK – a charity that can provide further support to families.
- NHS – information on head injuries and concussions.
- NHS – how to access your health records.
We hope that this guide has been helpful. If you have any other questions at all about claiming brain injury compensation, whether that be for yourself or on behalf of a loved one, we are more than happy to help.
Author
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Tracy Chick is a dedicated and expert Road Traffic Accident lawyer, holding a prestigious MASS Diploma in her field. When she's not immersed in the complexities of legal cases, Tracy loves to be outdoors, particularly enjoying any kind of water-related activity.
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