Claiming compensation for a head injury

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By Oliviah Rix-Taylor

on Wednesday 28 March 2018

man with bandage around head

According to the brain injury association; Headway, many people do not claim for compensation following a head injury because they are unaware of their rights. Read our resource page for more information on how to claim compensation for an accident that wasn’t your fault with regards to head and brain injuries.

Head injury compensation and brain injury compensation claims are unfortunately quite common. This is because an injury to the head or brain can have strong and lasting impacts on a person’s life. This means that most people suffering a head injury that wasn’t their fault, seek some form of injury compensation to cope with the impacts.

A head injury can happen to anyone, anytime and any place. Therefore, the likelihood of it not being your fault is relatively high. 

Head injuries can range from minor bruising to lasting brain damage. Most often, people making a head injury claim, have symptoms of dizziness, headaches, changes in personality and general fatigue. However, in more severe cases, victims may claim for permanent disabilities that will continue to affect their lives.

Head injury compensation claims will usually take longer if the claimant has suffered a severe head injury with lots of complications. The length of time to receive a compensation pay out, may in fact, help. This is because it will give enough time to establish how the effects of your head injury will continue to impact on your life.

How much compensation you can expect to receive for a head injury claim

The amount of compensation paid out is calculated by the Judicial College and then recommended as a guideline for the severity of the injury. Ultimately, personal injury law should try to return the victim to the situation they were in before the accident happened. Basically, the claim will try to compensate the amount of pain and suffering with financial remuneration. The Judicial College will offer guideline payout amounts with an upper and lower recommendation. These are listed below;

Severity Compensation

Claiming for someone else

If you are a friend or family member of someone who is too injured to pursue their own claim, then you may act on their behalf as a litigation friend.

Split-liability if you were partly to blame

Say, for example, you were involved in an accident and you weren’t wearing your seatbelt – you are still within your legal rights to claim. It may be that you receive less compensation, usually a 25% deduction, but you are still liable to receive 75% of your claim amount. You shouldn’t be put off if you think you were partly to blame, expert knowledge and experienced solicitors can still help you receive a deserving amount of compensation to help in your recovery.

Making a successful head injury claim

In order to increase your chances of success when making a head injury or brain injury claim for compensation, there are some following matters to consider;

  • The length of time elapsed between the injury and the claim – in most personal injury claims, the person wishing to make a claim for compensation should do so within three years of the accident happening. However, in some instances, the symptoms of the head injury may not become apparent, or most likely will worsen, for some time after the accident. In this case, the claimant should start their claim within three years of the symptoms become apparent.
  • The injury resulted from an act of negligence – For an injury claim to have any grounding a solicitor must give evidence that someone acted negligent towards you, causing your injury.
  • Choosing the right solicitor – Head injury compensation claims can be tough to navigate but Accident Line Direct can provide you with a highly experienced solicitor who has the relevant skills to help win your case. Injuries that affect the head and brain, usually require larger financial payouts in order to properly compensate the victim, so it is vital to choose a solicitor who knows how to present your case. Contact Accident Line Direct for more information on how we can help you. We will work on a No Win No Fee basis where possible.

0808 1454275

Accident Line Direct can help you begin your potential claim, get in touch today!