Suffering a brain injury can have various consequences on your daily life. Depending on the severity of your injury, you may be unable to return to work or participate in your usual hobbies. If you or a loved one has suffered a brain injury, in this guide, we discuss when it is possible to make a brain injury compensation claim.
Our guide begins by looking at how brain damage compensation payouts may be calculated. Next, we look at the eligibility requirements that must be met to have a valid personal injury claim, as well as sharing the different types of accidents that could cause a brain injury. Additionally, we share how you could claim on behalf of someone else.
Finally, we explain how an experienced solicitor from our panel could provide their services to you on a No Win No Fee basis.
If, while reading this guide, you have any questions, you can contact one of our advisors:
- Call 0800 408 7826
- Contact us online.
- Talk to an advisor live using our online chat.
Select A Section
- Compensation Amounts For Brain Injuries
- Am I Eligible To Make A Claim?
- Brain Injuries You Could Claim For
- Interim Payments And How They Affect Your Compensation
- How To Start Your Brain Injury Compensation Claim
- How Our Panel Of Solicitors Can Help
- More Information
Compensation Amounts For Brain Injuries
A successful claim for brain injury compensation will result in you being awarded general damages. This is to compensate you for your brain injury and the pain and suffering you have experienced.
You may be required to attend an independent medical assessment as part of the claims process. The report generated from this could be used alongside the Judicial College Guidelines (JCG) when your general damages compensation is being calculated.
Within this document is a list of injuries with assigned guideline brackets of compensation for each. We have used the entries from the JCG regarding brain injuries in the table below. However, the first entry has not come from the JCG.
| Type Of Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple Severe injuries with compensation for financial losses | Severe | Compensation for suffering multiple severe injuries and their financial losses such as lost earnings. | Up to £5,000,000+ |
| Brain damage | Very severe | The person will have little or no meaningful response to their environment. | £344,150 to £493,000 |
| Moderately severe | Serious disabilities and substantial reliance on others. | £267,340 to £344,150 | |
| Moderate (i) | There's a moderate to severe intellectual deficit and no prospect of employment. | £183,190 to £267,340 | |
| Moderate (ii) | There's a moderate to modest intellectual deficit and some risk of epilepsy. | £110,720 to £183,190 | |
| Moderate (iii) | Ability to work reduced with memory and concerntration affected. | £52,550 to £110,720 | |
| Less severe | The person will have made a good recovery and return to a normal social life. | £18,700 to £52,550 | |
| Minor | Any brain damage may have been minimal. | £2,690 to £15,580 |
What Else Can Be Included In Your Payout
Compensation payouts for brain injuries could also include special damages. These are awarded for the financial losses that have been incurred due to the injury, such as:
- Short, medium or long-term medical care and treatment.
- Specialist care provided either in the home or a dedicated facility.
- Loss of earnings, both past and future.
- The cost of adapting a home and/or vehicle.
- The cost of transport to and from medical appointments.
Due to the nature of brain injuries, special damages may comprise a significant amount of compensation awarded. Evidence of these losses must be supplied as part of any personal injury claim, such as invoices, payslips and bank statements.
Using A Compensation Calculator
You can also use our online compensation calculator to get an idea of how much compensation you could potentially be awarded. Our calculator refers to the compensation guidelines within the JCG, and works by asking you a series of questions, such as:
- What type of accident were you involved in?
- How severe is the brain injury you suffered?
- Did you suffer any additional injuries?
Contact a member of our advisory team today to discuss your potential brain injury compensation claim.
Am I Eligible To Make A Claim?
Head injury or brain damage compensation claims must meet strict eligibility criteria. These criteria are:
- Someone else owed a duty of care to you.
- This duty was breached.
- The breach caused the brain injury.
Below, we look at the different types of accidents that could occur if a duty of care owed in that situation is breached.
Road Traffic Accidents
All road users, including vehicle drivers, motorcyclists, cyclists and pedestrians, have a duty of care. They must safely use the roads without endangering themselves or causing a road traffic accident. Per this duty, they must adhere to the Road Traffic Act 1988 and the Highway Code.
A brain injury could be suffered in a road traffic accident if a road user fails to adhere to their duty of care. For example:
- A drunk driver is speeding and crashes into another car, causing the driver to suffer a severe brain injury and back injury.
Injury At Work
All employers owe a duty of care to employees. They must take reasonable steps to ensure that their employees can safely carry out their duties, preventing them from suffering an injury at work. This duty of care is set out under the Health and Safety at Work etc. Act 1974.
A brain injury could be suffered in an accident at work if an employer fails to adhere to their duty of care. For example:
- Scaffolding was not properly assembled on a construction site, causing a worker to fall from a height, hitting their head and suffering a brain injury.
Public Liability Claims
Those in control of public spaces, such as libraries or supermarkets, are known as occupiers. This party has a duty of care set out under The Occupiers’ Liability Act 1957 to take steps to ensure the reasonable safety of those using that space.
A public liability claim could potentially be made if a brain injury was suffered due to an occupier breaching their duty of care. For example:
- A shopping centre staircase has damaged steps, causing someone to trip and fall down them. In the accident, they hit their head, resulting in a brain injury, and also suffered a broken leg.
Claiming On The Behalf Of A Minor
Generally, you would have three years to start your own personal injury claim, as stated within the Limitation Act 1980.
However, if your child suffered a brain injury, they are unable to begin their own claim until they turn 18.
Prior to this date, you could apply to the courts to be a litigation friend and make a claim on their behalf.
If you have not made a claim on their behalf once their 18th birthday arrives, they will have three years to do so from this date.
Other exceptions also apply for those lacking the mental capacity to claim. To learn more about this, or to see whether you have a valid brain injury compensation claim, you can contact our advisors.
Brain Injuries You Could Claim For
Brain injury compensation claims could be made for a wide range of different brain injuries. Some examples of the various brain injuries that could be suffered in an accident include:
- A traumatic brain injury.
- Concussion.
- Cerebral contusion.
- Brain haemorrhage.
- Penetrating injuries to the head.
- Skull fractures that involve damage to the brain.
Regardless of what type of brain injury you have suffered, you may be eligible to receive compensation if it was caused by someone breaching a duty of care they owed you.
Contact our advisors today to receive a free eligibility assessment of your case.
Interim Payments And How They Affect Your Compensation
Brain injuries can be more severe and complex than some other types of injury. Consequently, it can take longer to get a complete picture of how severe an injury is, what impact it will have on someone and what prognosis there is for recovery. This can delay the claims process and a solicitor will need this information to accurately assess and value the claim.
However, during this time claimants may still be left facing medical and care bills as well as being unable to work. In some circumstances it may be possible to seek an interim payment. Interim payments can help to pay for the cost of treatment and rehabilitation necessary whilst a claim is still underway.
It is only possible to seek such a payment if the other party admits their liability or if the court decides that the claimant is likely to win. This payment is made in advance of the final settlement and is deducted from it.
To learn more about how interim payments may be awarded in brain injury compensation claims, you can contact our advisors.
How To Start Your Brain Injury Compensation Claim
If you or a loved one has suffered a brain injury as a result of an accident which was someone else’s fault, there are steps you can take in order to support your chances of making a personal injury claim.
Gathering Your Evidence
One of the most important things claimants can do is collect supporting evidence that shows who was responsible for an accident, what happened, and what injuries were sustained.
Types of evidence which could be submitted may include:
- Medical reports documenting the injury sustained as well as how serious it was, the impact of this injury and what treatment will be necessary.
- Photographs and videos of the accident scene or of the accident taking place.
- Photographs of any visible head or brain injuries, such as visible wounds, etc.
- Details of anyone who was witness to the accident.
How Long It Can Take To See A Payout
Every personal injury claim is unique, meaning there is no set time for how long it will take for one to settle. Factors that could affect the length of your claim include:
- The type of accident in which the injury was caused. The more complicated the accident, the more time it could take for a claim to be made.
- What evidence is necessary or available to support a claim. More complex cases may require more evidence.
- Whether or not the defendant admits their liability.
- Whether the claim needs to go to court or not.
In addition, severe or traumatic brain injuries may require more medical investigations and reports. These may take time to be complied and affect the length of your claim.
How Much Does It Cost To Make A Claim?
It does not cost you anything to begin a personal injury claim. However, there may be certain costs you have to pay throughout the claims process.
For example, if you need a specialist report or to attend an independent medical assessment, you may need to pay for these. Additionally, certain solicitors may also charge you for their services.
This is why working with an experienced solicitor on our panel is beneficial, as they provide their services on a No Win No Fee basis.
How No Win No Fee Claims Work
As mentioned above, our panel of solicitors work on a No Win No Fee basis, under a Conditional Fee Agreement.
By using this type of agreement, a solicitor can provide their services to a client without charging any fees for their services:
- Upfront
- As the claim is ongoing
- If the claim is unsuccessful
If you are successfully awarded brain injury compensation, your solicitor will deduct a success fee from this. This fee is a legally limited percentage.
To see whether a No Win No Fee solicitor from our panel could help you claim, contact our advisors today.
How Our Panel Of Solicitors Can Help
Our panel of solicitors have lots of experience working on various personal injury claims, including brain injury compensation claims. Some of the expert services they could provide their clients include:
- Help with collecting evidence.
- Explaining any legal terminology used.
- Communicating with the defending party.
- Calculating a compensation settlement.
- Organising an independent medical assessment on your behalf.
Contact one of our friendly advisors today to discuss your case and receive free advice:
- Call 0800 408 7826.
- Talk to us using our live chat
- Contact us online
More Information
More types of claims we could help you with:
- See if you could claim for tripping on a pavement.
- Learn about claiming compensation for a manual handling injury.
- Advice on claiming compensation for a car accident that wasn’t your fault.
External resources:
- Headway is a charity providing help and support to those with brain injuries.
- Statutory Sick Pay may be claimed for time off work recovering from an injury. Learn more from Gov.UK.
- Learn more about dealing with traumatic brain injuries in this NHS guide.
Thank you for reading our guide on brain injury compensation claims.