Our brains control almost all bodily functions, emotions, and senses. Understandably, any damage to the brain can have lifelong consequences, affecting our ability to live independently or work, and causing financial uncertainty. If you or a loved one is going through this due to being hurt in an accident that wasn’t your fault, you may be wondering, ‘How much compensation for a brain injury could someone receive?’
Key Takeaways
- The National Institute for Health and Care Excellence (NICE) reports that around 40,000 hospital admissions show evidence of a traumatic brain injury.
- Brain injuries are commonly sustained in car accidents, trips, slips, and falls from height.
- Concussions are the most common type of brain injury, and are typically caused by a rapid movement within the skull.
- This type of injury can cause balance impairment, speech difficulties, and impaired muscle control.
- A brain injury fatal accident claim as a dependant of a loved one for the impact of their death.
At How Much Compensation, our advisors are dedicated to providing the best customer service. Following a free case assessment, they can connect you or your loved one with a specialist No Win No Fee solicitor from our panel. As experts in brain injury claims, our panel of solicitors work tirelessly on behalf of clients throughout the claims process. To learn more, please don’t hesitate to contact us:
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Frequently Asked Questions
- How Much Compensation For A Brain Injury Am I Eligible To Claim?
- Will The Severity Of A Brain Injury Impact The Amount Of Compensation?
- What Other Damages Can Brain Injury Compensation Cover?
- Who Can Claim Compensation For A Brain Injury?
- How Can Brain Injuries Be Caused?
- How Do Fatal Brain Injury Claims Work?
- What Is Needed To Support Brain Injury Compensation Claims?
- No Win No Fee Brain Injury Compensation Claims
- Learn More
How Much Compensation For A Brain Injury Am I Eligible To Claim?
The amount of compensation for a brain injury you might be eligible to claim will depend on the severity of the harm and any associated financial losses. If a brain injury claim is successful, you or a loved one will be awarded general damages as part of your settlement. This part of the compensation covers the physical and mental impact of brain injuries, together with any adverse effects on day-to-day life.
The Judicial College Guidelines (JCG) and a medical report are often used by solicitors when calculating general damages. Legal professionals may refer to the publication because it contains compensation guidelines for many injuries and severities.
All entries in the following table, aside from the top one, come from the JCG. Please note that these brackets do not guarantee how much compensation for a brain injury you or a loved one could receive.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple Very Severe Injuries with Financial Impact | Special damages might be for lost earnings, medical expenses, home adaptations, and travel costs | Up to £25,000,000+ |
| Very Severe Brain Damage | The level of award may depend on level of insight and the life expectancy | £344,150 to £493,000 |
| Moderately Severe Brain Damage | Bracket considers the extent of physical limitations and ability to communicate | £267,340 to £344,150 |
| Moderate Brain Damage (i) | Speech and senses will be affected, and there are no employment prospects | £183,190 to £267,340 |
| Moderate Brain Damage (ii) | Risk of epilepsy and ability to work is reduced or removed entirely | £110,720 to £183,190 |
| Moderate Brain Damage (iii) | Concentration and memory is affected, with vestibular symptoms | £52,550 to £110,720 |
| Less Severe Brain Damage | Claimant may have ongoing issues with poor concentration and memory, or disinhibited mood | £18,700 to £52,550 |
| Minor Brain Injury | Factors such as the recovery timeframe and the presence of headaches will influence the level of award. | £2,690 to £15,580 |
If you’re still wondering about brain injury compensation, please contact our advisors for a personalised assessment today.
Will The Severity Of A Brain Injury Impact The Amount Of Compensation?
Yes, the severity of a brain injury will impact the amount of compensation someone receives, as payouts consider factors like the impact on quality of life and communication ability. This means any settlement can account for the following:
- The long-term prognosis.
- How extensive physical limitations are
- Whether there is sensory impairment
- What level of insight there is, and if there is a lack of response to surroundings
- How badly affected day-to-day life and the ability to work is
To discuss the impact of the injury further with our friendly advisors, please get in touch today.
What Other Damages Can Brain Injury Compensation Cover?
Financial losses are the other damages that brain injury compensation can cover if they are incurred as a direct result of the harm. These are known as special damages, which can encompass lost earnings, medical bills, home adaptations, and many other costs.
Regardless of the loss, special damages can only be claimed for if there is supporting evidence, such as receipts, invoices, and payslips. Below, you’ll find more information on some losses commonly claimed for in brain injury claims.
Lost Earnings And Future Loss Of Income
If you or a loved one took time off due to a brain injury, there might be current and future lost earnings, such as:
- Impact on income
- Overtime
- Bonuses
- Healthcare contributions and pension schemes
Medical Costs
After a brain injury, you or a loved one may have paid out of pocket for private medical treatment. This may have led to various costs, such as:
- Private consultations with specialist neurologists
- Surgery from a private healthcare provider to repair fractures or relieve pressure on the skull
- Prescriptions for pain relief, antiseizure medications, or antidepressants
Cost Of Care
Serious brain injuries may lead to significant care costs if there is a long-term need for support from professionals or family. These expenses might encompass:
- Day-to-day assistance with cleaning, cooking, nursing, and dressing
- Additional help with caring for children or elderly relatives
- Any indirect care costs. For instance, the loss of earnings of a relative who has taken time off work to provide support
Rehabilitation And Recovery
The rehabilitation and recovery process after a brain injury often involves various forms of therapy aimed at restoring function and independence. This can result in significant expenses for:
- Physiotherapy and occupational therapy
- Speech therapy
- Support with mental injuries, such as counselling sessions and cognitive behavioural therapy (CBT)
- Any mobility aids, such as crutches, walking sticks and wheelchairs
Adaptations To The Home
When brain injuries result in disabilities, it sometimes necessitates adaptations being made to the home to improve accessibility, such as:
- Widened hallways to accommodate wheelchairs
- Accessible bathrooms
- Stairlifts and ramps
- Hoists and grab bars
Car Adaptations
In some cases, car adaptations are also needed to accommodate disabilities and support independence, including:
- Swivel seats
- New hand controls
- Transfer plates
- Left foot accelerators
Travel Expenses
Medical care can lead to substantial travel expenses from attending appointments. These costs can quickly add up for:
- Bus or train tickets
- Taxi fares
- Petrol
- Parking fees
Our advisors are available 24/7, so please don’t hesitate to have a chat today to discuss claiming special damages in more detail.
Who Can Claim Compensation For A Brain Injury?
Anyone can claim compensation for a brain injury so long as it can be established that the negligent actions of another party caused this harm. This involves satisfying the following requirements:
- You or your loved one were owed a duty of care
- Another party breached this obligation
- This resulted in a brain injury being sustained
You may have heard of the term ‘duty of care’ previously. Essentially, it refers to the responsibility that third parties have to take certain actions to protect the safety of others. Determining who owes a duty of care depends on the type of accident that caused the brain injury, but the principle of protecting others’ safety will always be the same.
While anyone who meets the eligiblity criteria outlined above can make a claim, those who are under 18 or lack sufficient mental capacity cannot do so without the help of a litigation friend. This role is typically filled by loved ones, solicitors, and other adults, who must always act in the best interests of the claimant.
If you’d like further information on litigation friends or are wondering how much compensation for a brain injury someone might receive in a successful claim, please get in touch today.
We are here to help you
Here at HowMuchCompensation.co.uk our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
How Can Brain Injuries Be Caused?
Brain injuries could occur in many different situations; please see the following examples and how brain injury claims could arise as a result:
- Road traffic accidents: A driver is on their mobile phone and fails to brake in time for a red light, causing a rear-end collision. This causes the passenger in the other car to sustain severe brain trauma, as well as neck and shoulder injuries.
- Injuries at work: An employer doesn’t regularly inspect scaffolding, resulting in structural problems going undetected. This leads to a worker falling from height, leaving them with brain damage and PTSD.
- Accidents in public places: A wet floor isn’t signposted by bar staff, causing a patron to slip and fall. This results in brain injuries, a broken leg, and ligament damage.
- Medical negligence: An anaesthetist administers too much anaesthesia during an operation. The failure to notice this results in the patient suffering permanent brain damage.
- Criminal assaults: Nightclub management refuses to use door security despite several instances of violence amongst revellers. A patron is subsequently attacked, causing brain damage and spinal injuries.
To learn how much compensation for a brain injury you could receive for similar situations as above, please contact our team for an assessment today.
How Do Fatal Brain Injury Claims Work?
Fatal brain injury claims work by allowing qualifying relatives or the deceased’s estate to pursue compensation if someone has passed away due to a negligent third party. In the first 6 months, the deceased’s estate is the only party which can claim. This is established under the Law Reform (Miscellaneous Provisions Act) 1934, which enables the estate to seek compensation for the pain and suffering experienced by the deceased before their death.
During this period, the deceased’s estate can also claim on behalf of eligible dependants. If no such claim is made within 6 months, then the Fatal Accidents Act 1976 allows these dependants to claim for how they’ve been affected by their loved one’s death.
For a more personalised discussion of fatal accident claims and who qualifies as a dependant, please get in touch with our friendly advisory team today.
What Is Needed When Claiming Brain Injury Compensation?
When claiming brain injury compensation, evidence will be required to prove how a liable third party’s negligent actions directly resulted in the harm you or your loved one suffered. This might include:
- Medical records detailing the injuries sustained
- Contact details of anyone who could give eyewitness testimony to a solicitor
- Dashcam or CCTV footage of the accident
- Photographs of any visual injuries
- A copy of an accident book report form detailing what happened
- If the brain damage occurred in a road accident, then the contact information, insurance details, and vehicle registration of the other parties will be needed
On top of this, you or your loved one will have to ensure that you file your brain injury compensation claim within 3 years of the accident. This time limit is set by the Limitation Act 1980, but the legislation does make certain exceptions to this rule.
You can learn about time limit exceptions by reading our helpful guide to the personal injury limitation period and having a chat with our advisors. They would also be happy to explain how our panel of solicitors can assist clients in gathering evidence.
No Win No Fee Brain Injury Compensation Claims
Our advisors work around the clock to help people get started with the No Win No Fee brain injury compensation claims process. They always provide a carefully considered, empathetic free consultation to help determine if there is a case to claim with a specialist solicitor from our panel.
Here at How Much Compensation, our panel of solicitors provide a compassionate, expert service that prioritises the needs of every client. They operate under a Conditional Fee Agreement (CFA), which means:
- No solicitor service fees to start claiming
- No service fees to pay during the claim itself
- If a claim is lost, there are no service fees charged by the solicitor
Rather, our panel of solicitors charge a success fee when they secure compensation for their clients. This is deducted as a capped percentage of the compensation, ensuring the largest share always goes to the client. Our panel of solicitors don’t just offer clients beneficial No Win No Fee terms; they also provide tailored support throughout the claims process. This individualised service includes:
- Regular case updates
- Assistance with gathering evidence and signing documents
- Rehabilitation support from physiotherapists, counsellors, and other specialists
- Straightforward guidance at every stage of the claim
Contact How Much Compensation’s Team Of Advisors
You can contact How Much Compensation’s team of advisors day or night to ask any questions about brain injury claims or to use our free consultation service. Get started today by:
- Calling 0800 408 7826
- Filling out our contact form
- Messaging via live chat
Learn More
To learn more about personal injury claims, check these other guides:
- Read about making crane accident claims
- Get help with amputation claims
- See the following advice on soft tissue injury compensation
Further resources:
- Guidance on head injuries and concussions from the NHS
- How to manage risks at work from HSE
- Advice on how to request CCTV footage from Gov.UK
Thank you for taking the time to read through our guide on how much compensation for a brain injury you or a loved one could receive.
