Skull Fracture Compensation Claims In The UK
Claim Fractured Skull Compensation In The UK
Welcome to our guide on claiming compensation for a skull fracture. If you were injured in an accident that was caused by someone else’s negligence, you may have grounds to claim. No matter if it was at work, on the road, in a public place or made worse by medical negligence.
Understandably, you may be unsure of whether you’re eligible to make a claim. For example, if your accident happened on the street and you’re not entirely sure who was liable. Or if your accident took place at work and you’re unsure whether your employer could have prevented it.
However, in most cases, it’s likely you were owed a duty of care. Our guide will help you further understand whether you have a valid claim.
If you do have a valid claim, our advisors can connect you with our panel of solicitors. They can then take you through the next steps of the claims process on a No Win No Fee basis.
Get In Touch With Our Team
We understand you may have questions. If so, you can get in touch with our team of advisors and they can provide you with further information you need to make a personal injury claim. Contact us on the following:
Services And Information
- Everything You Need To Know About Skull Fracture Compensation Claims
- What Is A Skull Fracture?
- What Are The Parts Of The Skull?
- What Are The Signs Of A Fractured Skull?
- Traumatic Causes Of Fractured Skull Injuries
- Skull Fracture Compensation Claim Calculator
- What Is The Treatment For A Fractured Skull?
- What Is Negligent Misdiagnosis Of A Skull Fracture?
- Misdiagnosed Skull Fractures
- Time Limits To Claim Compensation For A Fractured Skull
- I Suffered A Skull Fracture In An Accident, What Should I Do?
- No Win No Fee Skull Fracture Compensation Claims
- Related Services
- FAQs About Fractured Skull And Head Injuries
Did you suffer a fractured skull in an accident at work, in public or on the road? Or was your skull fracture made worse through medical negligence? If so, there are many ways negligence could lead to harm in these situations. For instance:
- A driver not paying attention to the road and causing a road traffic accident.
- An employer failing to carry out risk assessments in the workplace resulting in an employee suffering a severe head injury.
- The local council failing to maintain the safety of the pavements in public areas.
- A doctor treating your brain injury incorrectly resulting in severe complications.
If you’ve experienced something similar or suffered an injury in one of these places, our guide will cover how much compensation you could claim. We’ve included an alternative to a personal injury claims calculator further down, to give you an idea of how much you could claim for a fractured skull injury.
Furthermore, we’ll look at how you can make a claim with a personal injury solicitor. Although you may be apprehensive about the costs normally associated with legal representation, the option of a No Win No Fee agreement could help. Our guide will look at how this agreement could benefit you.
For further help and advice, you can call our team on the number above.
A skull fracture may happen when any of the bones in the head are damaged. For example, after falling over and hitting your head. Or something falling on your head from a height. Or a forceful blow to the head in a car accident.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) recorded 1,343 non-fatal injuries to the face in 2019/20. Additionally, they recorded 3,287 non-fatal injuries to the head, not including the face, as well as 27 fatal injuries to the head. These injuries were a result of accidents in the workplace.
The graph below highlights other non-fatal head injuries that occurred in the workplace in 2019/20. Although it doesn’t cover head injuries from other situations, it provides an idea of how often they happen in various industries.
Is a skull fracture serious?
Any skull fracture resulting from a head injury can vary in severity. However, if you’ve suffered a break in your skull bones, it can lead to some unpleasant symptoms. If a medical professional doesn’t treat your injury correctly, it can lead to more serious complications.
There are numerous bones that make up the skull, including the:
Additionally, there are other bones and muscles in the face which include:
- Lacrimal glands around the eye
If you injure your head you could experience damage, including a fracture or break, to any of these bones or muscles. This could be done through a slip, trip or fall at work or a serious head-on collision in a road traffic accident.
A head injury could lead to a fractured skull. The NHS advises that you should seek medical advice if you experience any of these signs of a skull fracture:
- Difficulty walking, speaking, hearing, seeing or staying awake
- Memory loss
- Swelling or bruising around the eyes or behind the ears
The skull fracture symptoms may vary depending on how severe the head injury is. For example, you could suffer different types of skull fractures, such as:
- Linear skull fracture which is an uncomplicated break in the skull
- Depressed skull fracture which is where the skull has been pushed inwards and can put pressure on the brain
- A fractured skull and a concussion which could cause confusion
- Basilar skull fractures affect the base of the skull and could damage the spinal cord
- A fractured skull and a brain bleed after a severe blow to the head
- Hairline skull fracture
No matter whether you had an accident at work, on the road, in a public place or accessing medical treatment, it’s likely you were owed a duty of care. The people responsible for providing this duty of care might include:
- Employers as per the Health and Safety at Work etc. Act 1974
- Road users as per the Highway Code and Road Traffic Act 1988
- Occupiers of a public place as per the Occupiers Liability Act 1957
- Medical professionals, e.g. doctors or nurses
If any of these fail to do everything reasonably possible to keep you safe, they could be liable for causing your injuries. Some common ways someone could breach their duty of care might include:
- An employer failing to provide a worker on a building site with a hard hat leaving them at risk of suffering a fractured skull and brain bleed
- A driver drinking alcohol while driving and knocking into a pedestrian causing them to suffer a depressed skull fracture
- Restaurant owners failing to provide suitable health and safety training to staff leading to floors being cleaned at busy times causing a customer to slip and hit their head
- A doctor diagnosing a severe head injury as minor, leading someone to suffer severe complications such as a long term disability
For further information on whether someone breached their duty of care, you can contact our team on the number above.
The compensation you may be awarded comprises general damages and special damages. The former cover the physical and mental suffering you’ve endured as a result of your injury. In addition, they’ll cover how the injury has impacted your quality of life.
Additionally, you may be able to claim past and future financial losses under special damages. These cover the likes of:
- Lost earnings
- Care costs
- Medical expenses
- Travel costs
Our compensation table below provides figures you could claim for your injury under general damages. The figures have been taken from the Judicial College Guidelines. They should only be used as a guide as actual compensation figures may vary depending on the state and severity of your injuries.
Any special damages you have may supplement the compensation you receive for your injuries.
Injury Description Award
Fatal Full Awareness: Severe burns and lung damage followed by full awareness for a short period and then fluctuating levels of consciousness for between four and five weeks, coupled with intrusive treatment or significant orthopaedic/ physical injuries followed by death within a couple of weeks up to 3 months. £11,770 to £22,350
Fatal Immediate Unconsciousness/Death after Six Weeks: Immediate unconsciousness after injury, and death occurring after six weeks. £3,530 to £4,120
Fatal Immediate Unconsciousness/Death within One Week: Immediate unconsciousness, or unconsciousness following very shortly after injury, and death occurring within a week. Where the victim is conscious initially but dies from their injuries the same day an award towards the bottom of the range will be appropriate. £1,290 to £2,620
Brain Damage Very Severe Brain Damage: There will be certain factors considered to determine the award for this injury e.g. the degree of insight, life expectancy, extent of physical limitations, sensory impairment, requirement for gastronomy for feeding, ability to communicate with or without assistive technology, extent of any behavioural problems and the presence of eliplepsy and how ell it's controlled. £264,650 to £379,100
Brain Damage Moderate Brain Damage: (i) Cases in which there is moderate to severe intellectual deficit, a personality change, an effect on sight, speech and senses with a significant risk of epilepsy and no prospect of employment. £140,870 to £205,580
Brain Damage Moderate brain damage: (iii) Cases in which concentration and memory are affected, the ability to work is reduced, where there is a small risk of epilepsy, and any dependence on others is very limited. £40,410 to £85,150
Minor Brain or Head Injury In these cases brain damage, if any, will have been minimal. £2,070 to £11,980
Epilepsy Established Grand Mal £95,710 to £140,870
Epilepsy Established Petit Mal £51,460 to £123,340
Neck Injuries Severe: (iii) Injuries causing fractures or dislocations or severe damage to soft tissues and/or ruptured tendons that lead to chronic conditions and significant disability of a permanent nature. The precise award depends on the length of time during which the most serious symptoms are ameliorated, the extent of the treatment required, and on the prognosis. £42,680 to £52,540
Neck Injuries Minor: (iii) Where a full recovery is made within three months. Up to £2,300
If you have any questions regarding the compensation you could claim, call us on the number above and speak to one of our advisors.
As skull fracture symptoms can vary greatly, treatment can depend on the severity and type of skull fracture you have. For that reason, before deciding how to treat the injury, you’ll need a diagnosis.
Diagnosis of a brain injury
The initial assessment from a medical professional will determine the nature of your brain injury. A doctor may arrange for you to have a CT scan to assess how serious your injury is.
According to the NHS, they may also use the Glasgow Coma Scale (GCS) which looks at the symptoms you have to help determine whether your brain has been injured by the skull fracture.
The GCS uses a scoring scale from 3-15. The higher the score the more minor your head injury. The lower the score, the more severe. However, someone may score high #when first assessed and then score lower if they are reassessed later on.
Treatment of a head injury
According to the NHS, all severe head injuries will be treated in the hospital to avoid any complications. However, depending on the nature of your accident you may have other injuries that could pose a threat. Doctors may try to treat these whilst assessing how to treat your head injury. For instance:
- Stabilising any severe bleeding
- Providing pain relief for severe pain
- Stabilising your neck and spine, if they have been affected
- Cleaning and stitching up any cuts and grazes
Once the doctor has determined the nature of your fracture, you may be monitored closely. Or if the injury is more severe such as a neurological injury, you may require surgery. For example, in cases of:
- Haemorrhage- severe bleeding that can put pressure on the brain and could lead to brain death if not treated efficiently
- Haematoma- blood clots that could also lead to pressure on the brain if not controlled quickly
- Cerebral contusions- bruises on the brain that can turn into blood clots
- A skull fracture that requires the bones to be reconnected, sometimes with a metal wire or mesh
We put our trust in medical professionals to keep us safe. However, mistakes can be made which may lead to your symptoms being made worse. If this has happened to you, you could make a medical negligence claim.
Medical negligence can vary depending on the injury and situation. However, some common ways you may experience a doctor breaching their duty of care might involve:
- Misdiagnosis of an injury
- Mistreatment of an injury
- Prescribing the wrong medication e.g. the wrong dosage, giving medication to the wrong patient
- Operating on the wrong area of the body
- A surgeon leaving foreign objects in the body after surgery
These examples and many others could have been caused by clinical negligence.
Duty of care for medical professionals
Each medical professional is expected to provide their patients with a duty of care. This involves doing everything reasonably possible to keep patients safe.
Failing to do so could result in clinical negligence. However, liability can be complex so it’s important to have evidence to show whether someone was liable for your pain and suffering.
For example, if you suffered a traumatic brain injury (TBI), you will have been to the hospital for diagnosis and treatment. This provides evidence of the initial diagnosis you received.
However, in order to assess whether you received the wrong diagnosis, you will need to go back to the hospital or doctor to receive a second diagnosis. This second visit can provide evidence that you initially received a misdiagnosis.
For further details on how you could report a doctor for medical negligence and start a claim against them, call our team on the number above.
There are many ways a medical professional could fail to diagnose and treat your skull fracture correctly. For example, if you have a CT scan or an X-ray, a doctor could fail to see the fracture on the scan. If they don’t carry out any other further tests to determine what your injury is, they could end up treating your injury incorrectly and making it worse.
Additionally, the misdiagnosis could lead to other complications further down the line. For example, you could score high on the Glasgow Coma Scale test and present as having a minor injury. However, if you deteriorate later on and your symptoms get worse, this could lead to serious consequences.
The negligence comes from the fact the consequences could have been prevented had the doctor continued to observe you. Rather than send you home without further assessments.
We understand that you may not be ready to claim straight away, especially if your injury is severe and you’re still in recovery. Generally, you have three years from the date of your accident or the date you obtained knowledge that your injuries were caused by the failings of the defendant. However, there are exceptions.
For instance, if you’re under the age of 18, the three years won’t start until the date of your 18th birthday. However, a parent or guardian could make a claim on behalf of a child under the age of 18. They would do this by acting as a litigation friend.
Additionally, someone could act as a litigation friend for anyone who doesn’t have the mental capacity to claim on their own behalf. For example, if the injured person is in a coma.
There are many exceptions to the general 3-year personal injury claims time limit. So if you’re unsure whether you have enough time to claim or if you can claim on behalf of someone else, get in touch with a member of our team. They can provide free legal advice on whether you can still claim compensation for an accident.
If you were in an accident and are looking to claim compensation, you will require evidence to do so. It’s important that you seek medical attention for any injuries so you can ensure you receive proper treatment to prevent any complications. Furthermore, the medical evidence may help prove the state of your injuries when claiming compensation.
Additionally, you may require other evidence to prove the accident happened. For example:
- CCTV footage
- Pictures of the accident scene
- Police reports, if applicable
- Witness statements and details
Evidence for any additional damages may also be required. For instance, payslips to show loss of earnings and receipts for any other costs.
Additionally, seeking legal representation can provide further help in accessing important evidence to build a valid claim. See below for how you can connect with a personal injury lawyer.
Accidents and the injuries they may inflict can cause financial burdens that you hadn’t planned for. If this is the case for you, you may be struggling to find a way to fund legal representation for your case. However, there are other options available.
Once our advisers have determined whether your claim has a chance of succeeding, they can connect you with a solicitor from our panel to represent you on a No Win No Fee basis. This means that if your solicitor is unsuccessful at getting you compensation, you won’t pay solicitor fees.
If your solicitor is successful, you’ll pay a legally capped success fee. However, you’ll know what this fee is before your claim begins.
Most importantly, entering into a No Win No Fee agreement allows you to avoid upfront costs and any ongoing costs that you incur over the course of your claim.
For more information on medical negligence claims, see the NHS resolution website.
See the government collection of road traffic accidents for more statistics.
For more information on health and safety in work, see the government website.
If you’re interested in learning more about your rights after an accident at work, see our guide.
For more information on slip, trip and fall accident claims, see our guide.
If you’re looking to make a fatal accident claim, our guide could help.
We have provided some answers to some commonly asked questions regarding making a personal injury claim. However, if you have any further questions, get in touch with our team for more information.
Could you claim for a minor break or fracture?
No matter whether your injury is minor or more severe, if someone else’s negligence caused it, you may have grounds to claim.
Could you claim for complications caused by a misdiagnosis of an injury?
If you went to the doctor for a diagnosis or treatment of an injury and they misdiagnose or mistreat the injury, this could lead to complications. However, you would then need to visit a medical professional a second time to have your misdiagnosis confirmed and receive the proper treatment.
How do damages compensate you for the long-term effects of an injury?
General damages will cover you for any physical and mental pain and suffering. This includes the impact the injury has had on you long term. For example, if it has caused a lifelong disability.
Could you claim on behalf of a child?
If your child has suffered a fractured skull, you can claim on their behalf by acting as a litigation friend. Alternatively, you could wait until they turn 18 and they could make the claim themselves. However, the avenue you choose may depend on the severity of the fractured skull in the child.
Thank you for reading our guide on the process of making a claim for skull fracture compensation. We hope you found it useful.
Guide by IMM
Edited by BER