How To Make Personal Injury Claims For Head Injuries
In this guide, we will discuss how to make personal injury claims for head injuries. Because this is a general personal injury guide, we will cover all three types of claims: road traffic accidents, accidents at work, and public liability claims.
As with all personal injury claims, you must meet the eligibility criteria to merit a valid claim; essentially, you need to prove negligence.
We will provide an evidence section in which we will give you examples of evidence you can collect in order to strengthen your claim.
Furthermore, we will provide a compensation section featuring a table of amount brackets that are used as guidelines for valuing injuries.
To learn more about how to make personal injury claims for head injuries, you can contact us for free; one of our friendly advisors can help you. They may refer you to one of our panel of solicitors if they think you have a claim.
Select A Section
- How To Make Personal Injury Claims For Head Injuries
- Causes Of Head Injuries
- Evidence For A Head Injury Claim
- How Much Is A Head Injury Claim Worth?
- No Win No Fee Personal Injury Claims For Head Injuries?
- Learn More About Personal Injury Claims
Primarily, to qualify for any personal injury compensation claim, you should be able to satisfy the criteria in place to validate your case. The criteria go as follows:
- Firstly, you were owed a duty of care.
- Secondly, there was a breach of this duty.
- Thirdly, this breach resulted in your injuries.
In different areas of life, we are owed a duty of care by others in various environments. Below we look at this further:
- Public liability; Under the Occupiers’ Liability Act 1957 (OLA), those who are in charge of public spaces or spaces open to members of the public owe them a duty of care to keep them reasonably safe.
- The Road Traffic Act 1988 provides rules for all road users. When using the roads, drivers, riders, cyclists, and pedestrians must take reasonable care not to cause damage or injury to themselves or others.
- Under The Health and Safety at Work etc. Act 1974 (HASAWA), all employers have a duty of care to take all reasonable and practicable steps to keep their employees safe while they are at work.
Head injuries can happen in various circumstances, whether in the workplace, in a public space or on the road. Here are some examples of how they could happen:
- Slips, trips and falls accidents. This could happen in a public place or the workplace due to a slip on a wet floor.
- Road traffic accidents caused by speeding drivers may lead to traumatic brain injury.
- Being struck by a moving object while not wearing a hard hat on a building site can lead to a head injury claim, such as a skull fracture.
- Falling down stairs due to a faulty handrail may cause a concussion injury.
To find out if you can make a personal injury claim following head injuries caused by negligence, call our advisors for free advice.
In order to validate personal injury claims for head injuries, sufficient evidence will be needed.
Below you will find why evidence is important and what it could be used for:
- Establish liability.
- Prove the extent of the injury.
- Offer any evidence of psychological injury.
- Prove financial losses
Potential types of evidence you could use to strengthen your claim are compiled into a list below:
- CCTV footage of the accident.
- Dashcam footage.
- A diary of your treatment and symptoms
- Medical records such as X-rays or scans can show the extent of the damage caused by your injury, for example, a skull fracture.
- Contact details of eyewitnesses who could offer a statement at a later date.
- If you have had to report a car accident to the police, this record can be used to account for the accident.
- Filling out your accident at work book is another piece of evidence that can offer an account of the accident.
One of the services that a solicitor from our panel provides is helping clients collect evidence for a claim. Get in touch using the details at the top of our page for more information.
Should your claim be successful, you may receive compensation from up to two heads of claim. Accounting for the direct pain and suffering caused by your injury, the primary head of claim is known as general damages.
Below we have provided a compensation table of figures taken from the Judicial College Guidelines (JCG), a tool solicitors use to value claims.
Injury Value Notes
Very Severe Brain Injury £282,010 to £403,990 Injuries leading to affects such as little to no meaningful response to their environment.
Moderately Severe Brain Injury £219,070 to £282,010 Severely disabling injuries requiring constant care.
(i) Moderate Brain Injuries £150,110 to £219,070 Cases with moderate to severe intellectual deficit, personality change and risk of epilepsy.
Epilepsy £102,000 to £150,110 Established Grand Mal.
(ii) Moderate Brain Injuries £90,720 to £150,110 Moderate to modest intellectual deficit, ability to work greatly removed, some risk of epilepsy.
Epilepsy £54,830 to £131,370 Level of award will depend on: success of medication, effect on work and social life, prognosis.
(iii) Moderate Brain Injuries £43,060 to £90,720 Concentration affected, ability to work reduced and dependence on others very limited.
Less Severe Brain Injuries £15,320 to £43,060 Injured person will have had a good recovery but not a restoration of all normal functions.
Other Epileptic Conditions £10,640 to £26,290 Cases where there are one or two discrete epileptic episodes.
Minor Brain Injury £2,210 to £12,770 Cases where brain damage will have been minimal.
Please note that these figures are not guaranteed amounts; every claim is unique. Would you like your claim valued?
You can contact one of our advisors using the details at the top of the page; they may connect you to a solicitor from our panel if they believe you have a claim.
What Special Damages Could You Get?
The other head of claim, special damages, is awarded for any financial losses caused by the injury. Here’s a list of special damages you could claim:
- Travel expenses.
- Medical costs.
- Loss of income.
- Future loss of income.
You must remember that both heads of claim will require evidence to support the claim; this could be in the shape of a medical record for general damages or a receipt/payslip for special damages.
Solicitors from our panel have a plethora of legal experience dealing in cases for personal injury claims for head injuries.
Our panel of solicitors work under No Win No Fee agreements, which can provide you with many financial benefits. This is something that not every solicitor will agree to work under, but all of ours work on this basis.
Very often, solicitors that offer their services on a No Win No Fee basis will ask you to enter into a Conditional Fee Agreement with them. This means the following:
- No upfront fees are needed from you for the service the solicitor will provide.
- If the claim fails, you will not be required to pay for the work the solicitor has done.
- You will only be charged after a successful claim. In this case, you will be charged a minor success fee, which is a percentage that is legally capped by The Conditional Fee Agreements Order 2013.
You can contact us for free if you are interested in UK Law’s services. One of our advisors can offer you any help applicable and may connect you to a solicitor from our panel with experience dealing in cases similar to your own.
If you would like to learn more about personal injury claims for head injuries, we have linked some relevant guides and articles below.
Browse some more of our guides:
- Read our guide on child brain injury claims.
- Find out how to claim for a slip and fall on ice at work.
- Learn more about claiming for pedestrian accidents.
- Find out how to prove fault in a slip and fall accident.
- How Much Compensation For Disfigurement Could I Claim?
Try these links to external websites: