A Guide To Making A Serious Brain Injury Claim

Our guide will explain how to make a serious brain injury claim. The brain is a vital organ in the body, meaning that significant brain damage can often be life-changing. If a third party breaches their duty of care, and this causes an accident which causes you to sustain a brain injury, there could be grounds for a personal injury claim.

serious brain injury claim

How To Make A Serious Brain Injury Claim

The guide will expand on the eligibility criteria and time limits that apply to claims of this nature. Afterwards, we will provide examples of accidents that could cause serious brain injuries on the road, in a public space, or at work, if the third parties who owe you a duty of care fail to adhere to the legislation that outlines their responsibilities.

Later on in this guide, we explore the compensation which could be awarded for injuries.

Finally, we will explain how our panel of solicitors could represent your claim under No Win No Fee terms.

For more information on serious injury claims, please contact an advisor. To do so, you can:

Select A Section

  1. Am I Eligible To Make A Serious Brain Injury Claim?
  2. What Accidents Could Cause Brain Injuries?
  3. How Do I Prove My Serious Brain Injury Claim?
  4. Examples Of Serious Brain Injury Settlements
  5. Starting A No Win No Fee Serious Brain Injury Claim

Am I Eligible To Make A Serious Brain Injury Claim?

Not every accident that causes brain damage will mean a serious brain injury claim can be made. However, you may have grounds for a claim if these eligibility criteria can be proven:

  • A third party owed you a duty of care;
  • They breached their duty of care;
  • This led to an accident which caused your physical and/or psychological injuries.

These three criteria form the basis of negligence in personal injury claims. If negligence can be proven, you could be eligible to seek compensation.

What Is The Limitation Period For My Claim?

In addition to meeting the eligibility criteria above, you also need to ensure you start your personal injury claim within the time limit set out in the Limitation Act 1980. This is generally three years from the date of the accident

Exceptions can apply to the three-year limit in some circumstances. If you would like further guidance on the time limits and exceptions, please call our team on the above number.

What Accidents Could Cause Brain Injuries?

There are several third parties who owe you a duty of care, including employers, those in control of a public space, and road users. In the following sections, we explore the legislation each of these parties needs to adhere to, as well as how accidents could occur if they fail to do so.

Who Could Claim For An Accident On The Road?

Road users are responsible for the safety of themselves and others and must use the road in a way that prevents harm or damage to one another. This is their duty of care. In order to uphold their duty of care, they need to follow the Road Traffic Act 1988 and the Highway Code.

A failure to keep other road users safe could result in an accident. For example:

  • A HGV driver is looking at their phone, and the lapse in concentration causes them to hit a small car from behind at speed. The car driver and passenger each suffer traumatic brain injuries, leading to paralysis.

Who Could Claim For An Accident In A Public Space?

The Occupier’s Liability Act 1957 lays out the duty of care those in control of a public space owe visitors. They must take steps to ensure their reasonable safety. If suitable steps are not taken, an accident could occur. For example:

  • A person has their head crushed by an automatic door that closes too fast because it was not set up correctly. The crush injury is the source of major brain damage that gives rise to epilepsy.

Who Could Claim For An Accident At Work?

Section 2 of the Health and Safety at Work etc. Act 1974 sets out an employers a duty of care to take all reasonable and practicable steps to maintain employee safety in the workplace. Employers can uphold their duty by taking steps such as giving necessary training and giving PPE to employees when required. If they do not meet their duty of care, their employees could sustain harm in an accident at work.

  • For example, an employer does not complete a risk assessment before instructing an employee to work at a height. As a result, the employee falls, and sustains brain damage.

You can speak to our advisors to discuss your specific case and get a free assessment to see whether a serious brain injury claim is possible. Please use the contact details above to reach us.

How Do I Prove My Serious Brain Injury Claim?

Evidence is important in strengthening a personal injury claim. You can use it to prove the cause of an accident, and the extent of any physical and mental injuries caused. With that in mind, you could gather the following:

  • CCTV footage or footage from a personal device, such as a phone or dashcam.
  • Photographs of the scene, plus any hazards and visible injuries caused.
  • Witness contact information.
  • Medical records highlighting your injuries.
  • A diary tracking your symptoms and treatments.

If you have a valid serious brain injury claim and choose to instruct a solicitor, they could help you collect evidence for your case. Our advisors can answer any questions you may have about the service the solicitors from our panel can provide.

Examples Of Serious Brain Injury Settlements

Personal injury settlements can comprise up to two heads of claim. The first of these is called general damages which seeks to compensate for the pain and suffering you experienced due to your injuries.

Solicitors can value this portion of your payout by consulting medical evidence and a document called the Judicial College Guidelines (JCG). The JCG contains guideline compensation brackets for various injuries, some of which you can find in the following table.

However, it is important to note that the table, and the figures themselves, only act as a guide. Each case is unique and will therefore bring about different settlement outcomes.

Compensation Table

Severe Brain Injury (with other serious injuries plus special damages)Up to £1,000,000+A severe brain injury, alongside other serious injuries and compensation for special damages.
Very Severe Brain Damage£282,010 to £403,990The person requires nursing care full time.
Moderately Severe Brain Damage£219,070 to £282,010The person has a very serious disability and is substantially dependent on others.
Moderate Brain Damage (i)£150,110 to £219,070A severe to moderate intellectual loss, a risk of epilepsy, and changes to personality and the senses. There is also no employment prospect.
Moderate Brain Damage (ii)£90,720 to £150,110The ability to work is seriously reduced, if not completely removed, there is a risk of epilepsy and the person has a moderate to modest deficit of intellect.
Injuries Involving Paralysis£324,600 to £403,990Tetraplegia where paralysis occurs in the legs and arms.
Injuries Involving Paralysis£219,070 to £284,260Paraplegia which involves paralysis of both legs.
Epilepsy£102,000 to £150,110Established Grand Mal.
Loss of earningsUp to £100,000 and aboveCompensation could be awarded to reimburse any lost earnings incurred due to having to take permanent or temporary time off work due to your injuries.

Can I Receive Compensation For Financial Losses In A Serious Brain Injury Claim?

As part of your serious brain injury claim, you could present documents like payslips and bank statements to prove any financial losses caused by your injuries to receive compensation under special damages. Some of the costs you could claim back include:

Get in touch with an advisor to learn how much compensation you could potentially receive following a successful claim.

Starting A No Win No Fee Serious Brain Injury Claim

Our panel of solicitors could assist you in launching a serious brain injury claim. They have experience handling claims for a personal injury and could take your case under No Win No Fee terms via a Conditional Fee Agreement. This would mean that you do not pay for your solicitor’s services:

  • Upfront;
  • During the case;
  • If the case fails.

Should the case succeed, the solicitor would collect a success fee in the form of a percentage of your compensation. This percentage is capped by the Conditional Fee Agreements Order 2013.

Discuss Your Claim With Our Expert Team

Our advisors can provide a free consultation where all of your questions about the personal injury claim process are answered. What’s more, their free assessment would show whether or not you have a valid compensation claim. If you do, our team can connect you with an experienced personal injury solicitor from our panel who can help you seek compensation.

You can reach the team today if you:

Learn More About Claiming For A Serious Injury

Here are some relevant guides you might find helpful:

These resources could also be of help:

Thank you for reading through our guide on making a serious brain injury claim. If you have any other questions, please contact an advisor via the number above.

Written by EM

Edited by MMI