Compensation for head injury victims

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By Oliviah Rix-Taylor

on Wednesday 28 March 2018

head injury

Head injury claims and brain injury compensation claims are not as common as they should be according to the brain injury association; Headway. This is because many people do not claim for compensation following a head and brain injury because they are unaware of their rights. 

But an injury to the head or brain can have strong and lasting impacts on a person’s life. If you have suffered a head injury that wasn't your fault then seeking some form of injury compensation can help in your recovery or support you financially if your injury is life altering. 

Head injuries can range from post-concussion syndrome to lasting brain damage. A brain injury can cause dizziness, headaches, changes in personality and general fatigue, to permanent disabilities in more severe cases. 

For further advice on a severe head injury please see this webpage by the NHS

For furhter informaiton on head injury compensation and brain injury compensation, continue to read this article. 

Head injury at work compensation 

The majority of personal injury claims are made on the basis of negligence, therefore a head injury at work is more likely to result in compensation than say, falling in your own home. This is because your safety and wellbeing is your employers responsibility when in the workplace and any injury or harm that comes to you could be the fault of your employer. There are regulations for the workplace that ensure each worker is aware of the health and safety procedures and is provided with proper equipment and training. If your employer is negligent in these duties then it could result in an accident causing you harm, like a head or brain injury.

Claiming for someone else

Sadly, where head and brain injuries are concerned, the victim may never make a full recovery and so may be unable to make a claim for compensation on their own. 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. A litigation friend is a person who will help the claimant pursue their claim, handling court dates, helping to gather evidence and liaising with lawyers. 

You may act as a litigation friend if the person you are helping to claim is considered a vulnerable adult or suffers from a disability. 

For people younger than eighteen who wish to claim then a parent or legal guardian can act as their representative. 

How much compensation for a head injury?

Head injury claim payouts are 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 but where head injuries are concerned, it is recognised that this is not often possible.

The Judicial College offer guideline compensation amounts with an upper and lower recommendation for a head injury currently, between £10,180 - £322,060. The variant figures are listed below;

Severity Compensation
Minor Brain or Head Injury£1,760 to £10,180
Less Severe Brain Damage£12,210 to £34,330
Moderate Brain Damage£34,330 to £174,620
Moderately Severe Brain Damage£174,620 to £224,800
Very Severe Brain Damage£224,800 to £322,060

Brain injury compensation claims for very severe and life altering cases can exceed the upper recommended limits if there is a high demand for continuing care and financial means are needed to fund it.

Head injury compensation time limits

For a typical personal injury claim involving negligence there is a three year time limitation. However, with a head injury there can be many complications and the symptoms may take time to become apparent. In addition to this, if the head injury is severe then the claimant is allowed time to recover to the point where they have capacity to make a claim. If they do not recover then someone else may claim on their behalf. 

For more information on a head injury claim it is best to speak to an industry expert regarding time scales if you are unsure. Accident Line Direct operate a free phone number and are often able to tell you the same day if our solicitors can pursue your claim or not. 

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

To summaries, 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 – brain 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.

How we can help you 

From minor head injuries to lasting brain damage, Accident Line Direct can help win you financial support. We are a group of knowledgeable industry experts who can put you in touch with the right solicitor for you. Our number is free phone and over the phone advice and support is obligation free. Give us a call today for more information or to hear about how to start your claim. We can use No Win No Fee agreements to help with costs and will only take a fee as a percentage of your compensation if your claim is successful (this is currently capped at 25%)

0808 1454275

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