Suffering a head or brain injury can be a life-altering event for an individual as well as their loved ones. If you or somebody you know has suffered a traumatic brain injury as the result of another person’s or organisation’s actions or inactions, you could be eligible to make a brain damage compensation claim.
In this guide, we’ll discuss the steps involved in brain injury claims and the compensation you may be entitled to.
Key Points On Brain Injury Claims
- You may be eligible to seek compensation if you or your loved one has suffered head and brain injuries because of somebody else’s fault.
- Your brain injury payout may include compensation for the actual injuries and the associated financial losses.
- A brain injury may result in an individual losing their mental capacity to make a claim, and you can claim on their behalf as a litigation friend.
- Serious brain injuries may occur due to accidents at work, road traffic accidents and public place accidents.
- You can make your brain or head injury claim with the No Win No Fee solicitors on our panel.
To make a personal injury claim, contact us now:
- Contact us online by leaving your details.
- Call us at 0800 408 7825.
- Reach out to us on live chat for immediate support.
Browse Our Guide
- Am I Eligible To Make A Brain Injury Claim?
- Average Brain Injury Compensation Payouts
- Common Causes Of Serious Brain Injuries
- Can I Claim On Behalf Of Someone Else?
- How To Make A Traumatic Brain Injury Compensation Claim
- Why Trust Public Interest Lawyers With Your Claim?
- More Information On Brain Injury Claims
Am I Eligible To Make A Brain Injury Claim?
In certain situations, others are responsible for reasonably ensuring your safety and well-being. This is known as a duty of care. Later, we’ll discuss common situations where this duty exists.
It is when a breach of this duty causes you to sustain injuries that you might become eligible to make a personal injury claim. You’re eligible to make a brain injury claim if:
- Another person or organisation owes you a duty of care.
- There is a breach of this duty.
- You suffered a brain injury as a consequence of this breach.
Rehabilitation And Support
If your loved one suffered a life-altering brain injury, you may not know where to turn or what to do. As well as providing expert advice and legal representation with a solicitor from our panel, we could also connect you with specialists who provide additional support, including:
- Case managers to coordinate rehabilitation and other required care, such as nursing support.
- Specialist architects who adapt an individual’s home environment to accommodate their disabilities, such as installing a wet room, to allow an injured person to return to their home (wherever possible).
- Support workers to help the injured party and their family adjust to living with brain damage.
- Occupational therapists who assist with making a recovery.
- Other types of therapists, such as for the mental health of the injured party, or family members looking after them.
- Job coaches who can help those who are able to return to the workplace.
Get in touch now to find out what else our panel can help with.
Average Brain Injury Compensation Payouts
Knowing the average settlement awarded for brain injury claims won’t benefit you since every personal injury claim is unique. However, in this section, we explain how compensation could be awarded for successful personal injury claims.
The compensation for your brain injury claim may be split into the following heads:
- General Damages: This covers the compensation for your brain injuries and the physical pain and suffering they’ve caused.
- Special Damages: This covers the related financial losses. In some brain damage claims, this can be very high.
How Compensation Is Calculated
Depending on the circumstances of your brain injury, your solicitor may direct you to appear for an independent medical examination. This would help to determine the severity of your injuries and their impact on your life. Apart from this, the Judicial College guidelines provide a list of injuries and the range of compensation you may receive. Whoever values your claim may use this document to help them.
The table below illustrates the compensation guidelines that could apply for brain injury claims. However, you must know that the JCG applies to cases only within England and Wales and are only meant to be taken as guidelines. Also, the first row isn’t sourced from the JCG.
| Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Serious | Up to £25,000,000+ |
| Brain Injuries | Very Severe | £344,150 to £493,000 |
| Brain Injuries | Moderately Severe | £267,340 to £344,150 |
| Brain Injuries | Moderate (i) | £183,190 to £267,340 |
| Brain Injuries | Moderate (ii) | £110,720 to £183,190 |
| Brain Injuries | Moderate (iii) | £52,550 to £110,720 |
| Brain Injuries | Less Severe | £18,700 to £52,550 |
| Brain Injuries | Minor Injuries | £2,690 to £15,580 |
| General Psychiatric Damage | Severe | £66,920 to £141,240 |
| General Psychiatric Damage | Moderately Severe | £23,270 to £66,920 |
Special Damages In Brain Injury Cases
As discussed above, this part of a brain injury claim may be very high. You may claim for the following special damages in addition to the general damages:
- Medical expenses
- Changes made to your home or car to accommodate a permanent disability
- Cost of professional care or the time devoted by a loved one
- Loss of earnings due to time taken off or an inability to return
- Cost of disability equipment like a walking stick or wheelchair
You would need evidence like invoices, bank statements or payslips to substantiate the above.
Want more clarity on how compensation payouts are calculated? Speak to our advisors now.
Common Causes Of Serious Brain Injuries
Here are some common causes of serious brain damage, which could lead to brain injury claims:
Accidents At Work
An employer has a duty of care towards all their employees. Under the Health and Safety at Work etc. Act 1974, employers must take all reasonable and practicable steps to ensure the safety and well-being of their employees. If an employee suffers an injury due to a breach of this duty, the may have good grounds to make an accident at work claim against the employer.
For Example: Your employer sends you to work in a hazardous environment without providing you with protective safety equipment or training. Due to an explosion, you fall unconscious and suffer head injuries. You may have a valid brain damage claim against your employer.
Road Traffic Accidents
All road users must follow traffic rules and use the roads in a way that is safe for everyone. The Road Traffic Act 1988 and the Highway Code focus on this responsibility. If a road user gets injured due to a breach of this duty, there could be a road traffic accident claim.
For Example: A speeding car crashes into your car, rendering you unconscious and causing you major brain injuries. You may claim compensation from the driver for the injuries you suffered.
Accidents In Public
The Occupiers’ Liability Act 1957 holds the occupier responsible for reasonably ensuring the safety of all visitors in a public space. The occupier is an entity that controls that particular public place. If a visitor is injured because of a breach of this duty, there could be a public liability claim against the occupier.
For Example: While walking in a store, you slip on a wet floor and suffer a concussion. There was no signage to denote that the floor was wet. You could be eligible to launch a public place accident claim against the occupier.
Can I Claim On Behalf Of Someone Else?
The nature of brain injuries is such that an individual may suffer serious brain damage and lose the mental capacity to claim for themselves. In such cases, somebody else could claim for the injured person by acting as a litigation friend.
If a minor has suffered a brain injury, they cannot make a claim before they turn 18. A parent or another loved one could claim as a litigation friend on their behalf.
Want assistance in a child injury claim? Reach out to us now.
How To Make A Traumatic Brain Injury Compensation Claim
If you wish to claim compensation for brain trauma, it’s recommended that you engage a brain injury solicitor for expert guidance. You should also start collecting evidence and be mindful of the time limit for your claim.
Gather Evidence To Support A Claim
Gathering evidence is an important step to support brain injury claims. This needs to show liability for the injuries that have been suffered. You could use the following as evidence:
- Medical records
- CCTV footage of the incident
- Contact details of eyewitnesses for witness statements
- Personal written accounts like diary entries.
Time Limits For Making A Claim
You have three years to start brain injury claims according to the Limitation Act 1980. This time limit is calculated from the date of occurrence. However, this time limit does not apply for a person who’s lost their mental capacity. If they regain their mental capacity, the time limit will commence.
As discussed above, you can claim for your child or wait until they turn 18. In the latter case, the time limit applies only after the child’s 18th birthday.
How Long It Can Take To Get Brain Injury Compensation
Since every personal injury claim is unique, there’s no fixed amount of time it could take to reach a settlement. However, there are certain factors which could influence the time taken, such as:
- Nature of injuries
- Claim complexity
- Strength of evidence
- Whether the other party accepts or denies liability
- Negotiations for compensation
An experienced brain injury solicitor would be able to give you a rough timeline for your case.
Confused about the time limit for your case? Speak to our advisors now.
Why Trust Public Interest Lawyers With Your Claim?
The personal injury solicitors on our panel are capable and experienced in dealing with brain injury claims. If you choose to work with one of the brain injury lawyers on our panel, they will assist you in the following ways:
- Compiling evidence
- Ensuring that you start your claim within the time limit
- Responding to official correspondence
- Explaining complex legal terms
You need not worry about upfront consultation costs since your solicitor will offer to work on a No Win No Fee basis. They’ll operate on a Conditional Fee Agreement (CFA), which means that:
- Your solicitor won’t charge you for their services while your claim is pending or if it’s unsuccessful.
- In case of a successful outcome, they’ll deduct a percentage of your compensation as their success fee.
- There is a legislative cap on the success fee to ensure that you retain a fair amount of your compensation.
To get in touch with an advisor and find out the No Win No Fee solicitors on our panel could help with your claim, contact us now:
- Contact us online by leaving your details.
- Call us at 0800 408 7825.
- Reach out to us on live chat for immediate support.
More Information On Brain Injury Claims
We hope our guide on brain injury claims helped you. You may find some other guides from our site informative:
- Our mental health compensation calculator
- Information on head injury claims.
- Our guide on permanent scar compensation.
You can also refer to these external links for further reading:
- Information from the NHS on head injury and concussion.
- Research published by the government on traumatic brain injury.
- Guidance for disabled people from the government.
