Brain And Head Trauma Compensation Claim Payouts And Amounts

A brain injury can reshape a person’s life, deeply affecting them and their loved ones. Brain injuries can have physical, emotional and financial consequences extending beyond the initial trauma. These types of injuries can impair neurological and physical abilities, such as memory, speech and movement. Survivors may be left needing long-term rehabilitation or life-long care. Brain injury claims could help victims and their loved ones deal with the consequences of these types of injuries.

Key Takeaways

• 1.3 million people live with the impact of an acquired brain injury (ABI) in the UK.
• The annual cost to the UK economy is £15 billion.
• Brain injuries could be caused by traumatic accidents or through strokes, a lack of oxygen to the brain or even infection.
• Brain injury compensation claims may be made on behalf of a loved one.
• We work with a panel of expert solicitors, specialising in brain injury claims.

Our advisors are on hand 24/7 to answer any questions you have about making a claim for brain injury compensation, whether for yourself or on behalf of a loved one. As part of the free services available at UK Law, they can assess whether the claim is eligible, estimate how much compensation could be awarded and advise on the items that could be used to support it. Find out if a serious injury claim solicitor from our panel could help you claim for yourself or a loved one,

• Phone – 020 3870 4868.
• Click – claim online.
• Talk to us online below.

Jump To A Section

• Who Can Make Brain Injury Claims?
• What Are The Different Brain Injury Types
• The Common Accidents That Cause A Brain Injury
• What If Medical Negligence Led To A Brain Injury?
• Claiming For A Brain Injury After Criminal Assault
• How To Prove Someone Else Is Liable For A Brain Injury
• What Brain Injury Compensation Can Be Awarded?
• What Else Can Brain Injury Compensation Claims Cover?
• Can Brain Injury Compensation Be Accessed Early For Ongoing Needs?
• How Long Is The Brain Injury Claims Time Limit?
• Can Brain Injury Claims Be Made On A No Win No Fee Basis?
• Frequently Asked Questions
• More Information

Who Can Make Brain Injury Claims?

Brain injury claims could be made by the injured person, or a loved one acting on their behalf. If the injured party either is a minor, or lacks the mental capacity to make a claim, a loved one may apply to become a litigation friend. This is a party appointed by the court to manage the person’s claim. Whether you are able to claim yourself or require a litigation friend depends on your ability to participate in and understand the legal process. Where the injured party suffered a brain injury, they may experience cognitive impairment, preventing them from working directly with a solicitor. Litigation friends may take steps such as,

• Communicating with solicitors.
• Making decisions in the claimant’s best interests.
• Handling legal documents.

Eligibility to claim (whether doing so for yourself or a loved one) depends on meeting 3 basic criteria.

1. That you or your loved one were owed a duty of care by another party. We will look at examples of circumstances later in this guide.
2. That this party breached their duty of care.
3. The breach caused you (or a loved one) to suffer a brain injury.

Fatal Brain Injury Claims

Fatal brain injury claims could be brought by the estate or dependents of the deceased. Claims may be made by these parties under the following conditions,

• The Law Reform (Miscellaneous Provisions) Act 1934. The deceased’s estate may bring a claim for the person’s pain and suffering before death as well as for financial losses incurred between injury and death.
• The Fatal Accidents Act 1976. This enables qualifying dependents to claim for funeral expenses, loss of support and other damages. A bereavement award may also be claimed.

Crucially, only the estate can launch a claim in the initial 6 months following the person’s death. Dependents may only subsequently make a fatal accident claim if the estate did not do so during this period.

An advisor can assess your eligiblity to claim compensation for a brain injury, whether for yourself, on behalf of a loved one, or if you are making a fatal brain injury claim.

What Are The Different Brain Injury Types

Brain injuries may be classified as a traumatic brain injury (TBI) or an acquired brain injury (ABI). The classification a brain injury fits into may depend on how it occurs. Understanding the differences between these two types of injury may help to determine causation, liability and inform how much compensation could be awarded.

Traumatic brain injury – these may be caused by a head injury, such as traumatic blow suffered in an accident at work, on the road, or in another space. They account for 75-80% of head injuries. TBI’s may include;

• Concussions and contusions.
• Penetrating injuries.
• A diffuse axonal injury. A diffuse brain injury may see widespread damage to the brain.

Acquired brain injury – these may be caused by internal, rather than external, factors, such as,

• Oxygen deprivation to the brain.
• Brain tumours.
• Infections such as encephalitis, meningitis, etc.

Acquired brain injuries may also be caused by medical negligence. Instances may include delayed diagnosis of brain tumours or surgical errors, etc. Acquired brain injuries is an umbrella term and encompasses TBIs.

Next we look at when you could make a brain injury compensation claim. Please get in touch if you have any further questions.

The Common Accidents That Cause A Brain Injury

Brain injuries could be caused by sudden trauma due to unsafe environments or otherwise preventable accidents. Compensation claims could be made for preventable brain injuries, such as where another party breached their duty of care. In the following sections, we look at just some examples of when head injury claims could be made.

Road Traffic Accidents

Head and brain injuries could be caused by road traffic accidents involving cars, motorcycles, lorries, bicycles and pedestrians. Road users have a duty of care towards one another to navigate in a safe manner. Per this, they must use the road in accordance with the Highway Code and the Road Traffic Act 1988. Examples could include,

• A speeding driver fails to stop at a zebra crossing, striking a pedestrian. The collision causes extensive injuries, including a serious head injury.
• A motorist fails to check their mirror when changing lanes on a motorway, striking a motorcyclist. The rider is thrown off their bike, suffering a severe brain injury.

Workplace Accidents

Workplace accidents, such as falling objects or unsafe conditions, could cause head injuries. The Health and Safety at Work etc. act 1974 confers a duty of care on employers. They may be liable where they failed to take reasonable steps to prevent accidents from occurring. Examples could include,

• A construction worker falls from improperly erected scaffolding. Whilst wearing a hard hat, the fall causes a serious brain or head injury.
• A warehouse worker is struck on the head by a falling object, suffering a head injury. Stock had been improperly stored and was unsecured.

Public Place Accidents

Public place accidents, such as those in shops, leisure centres and parks, could cause brain injuries. The Occupiers’ Liability Act 1957 places a duty of care on the party in control of a public place, called the occupier. They must take steps to ensure the reasonable safety of visitors. Examples could include,

• A visitor to a shopping centre trips and falls on a broken staircase. They suffer multiple blows to the head and are left with diffuse brain injuries.
• A child falls from a piece of faulty playground equipment, suffering a mild brain injury. The local authority knew the equipment was faulty and had neither repaired it, nor cordoned it off.

Please contact an advisor if you or a loved one has been affected by any of these scenarios.

What If Medical Negligence Led To A Brain Injury?

Brain injuries could be the result of poor medical care. Potential causes may include surgical errors, delayed diagnosis or birth injuries. If a healthcare provider breaches their duty of care, causing avoidable harm, you could make a claim. Healthcare professionals must meet certain standards, such as those set by the General Medical Council. The failure to do so may avoidably harm patients.

Claims could involve,

• Oxygen deprivation at birth leading to cerebral palsy.
• Failure to diagnose the clear signs of an infection affecting the brain.
• Prescribing the wrong medication, leading to neurological damage.

To claim for medical negligence, you must show that a medical professional broke their duty of care to you (or a loved one) and that this breach caused avoidable harm. Speak to an advisor today about claims for medical negligence.

Claiming For A Brain Injury After Criminal Assault

Brain injuries could be caused by violent crimes. This could include instances of assault, abuse or other forms of violence. If you or a loved one suffered a head or brain injury due to a violent crime, you could claim via the Criminal Injuries Compensation Authority (CICA). This is a government-funded scheme which deals with compensation claims for victims of violent crimes. Claims made via the CICA must meet specific eligibility criteria.

Brain injuries may be caused by;

• Instances of domestic abuse and violence.
• Child abuse.
• Assaults with a blunt object.

Compensation awarded through the CICA is based on the Criminal Injuries Compensation Scheme’s fixed tariff.

The CICA Brain Injury Compensation Amounts

CICA brain injury compensation amounts may be awarded in line with the fixed tariff discussed above. Compensation is based on the harm caused and the degree of severity. Below, we present figures from the Scheme.

Harm	Severity	Notes	Compensation
Multiple criminal injuries	serious	Including loss of earnings and special expenses.	Up to £500,000 including loss of earnings, etc.
Brain damage	Very serious.	No useful physical movement and significant effect on senses.	£250,000
	Very serious.	Significantly affecting senses and physically limiting.	£175,000
	Moderately severe.	Serious physical or mental disability.	£110,000
	Moderate.	Significant injuries, causing dependency and changing personality.	£82,000
	Moderate.	Moderate dependency, intellectual deficit, etc.	£55,000
	Moderate.	Slight dependency, intellectual deficit, etc.	£27,000
	Minor brain damage.	Significant, lasting 2 or more years, but good recovery.	£22,000
	Minor brain damage.	Moderate, lasting 6 - 24 months, good recovery.	£16,500

You may also claim for special expenses and loss of earnings in addition to that for your (or your loved ones) injuries. You can read more about criminal injury claims in our dedicated guide.

How To Prove Someone Else Is Liable For A Brain Injury

You must gather and submit relevant evidence to prove that someone else is liable for a brain injury. This evidence must show that this person had a duty of care to you (or a loved one), that they breached it, and that this breach caused harm.

Evidence is an essential part of proving causation and liability. Whilst some criminal injury claims may require specific types of evidence, personal injury claims may be proven through,

• Medical records confirming the type of brain injury suffered, its impact and the likely degree of recovery which may be made.
• Accident reports including those from an accident book in a public or workplace or police reports pertaining to a car accident, etc.
• Witness contact details. A witness may later be asked to provide a supporting statement.
• Expert evidence such as that contained in an independent medical assessment.
• Video, photo or other evidence showing the scene of the accident, the accident taking place or of visible head injuries, etc.

Complex cases may require greater degrees of evidence. Claims for medical negligence and/or criminal injuries may also require more specialist evidence. Please speak to a member of our advisory team about your claim.

What Brain Injury Compensation Can Be Awarded?

Brain injury compensation reflects the degree of harm suffered, long-term impact on the victim and financial losses. Compensation may be awarded as a combination of general damages for pain and suffering and special damages for financial losses.

General damages may be awarded in line with the Judicial College Guidelines (JCG). This document supplies a list of different types of injuries along with guideline compensation brackets.

The following table takes examples from the JCG related to brain injury claims. Note that figures are presented for purely illustrative purposes and that the top figure does not come from the JCG.

Harm	Severity	Notes	Damages
Multiple brain injuries + special damages.	Severe	Multiple injuries + special damages, such as for lost income.	Up to £10,000,000+ with lost income or medical expenses, etc.
Paralysis	Tetraplegia - A	Awareness, life expectancy, etc may be taken into consideration.	£396,140 to £493,000.
	Paraplegia - B	Awards impacted by independence, pain and life expectancy.	£267,340 to £346,890.
	Shorter durations - C	Where an unrelated death occurs within a short period of time.	£60,210
Brain damage.	Very severe - A	Most severe cases may involve some ability to follow basic commands.	£344,150 to £493,000.
	Moderately severe - B.	Compensation is based on degree of insight, life expectancy and independence.	£267,340 to £344,150.
	Moderate - C (i).	Personality chances and moderate - severe intellectual deficit.	£183,190 to £267,340.
	Moderate - C (ii).	Modest to moderate intellectual deficit.	£110,720 to £183,190.
	Moderate - C (iii).	Impacts on concentration and memory.	£52,550 to £110,720.
	Less severe - D.	Not all normal functions may have been restored.	£18,700 to £52,550.

Next, we look at the role of special damages in brain injury claims.

What Else Can Brain Injury Compensation Claims Cover?

Brain injury compensation can also cover related financial losses. Compensation can take account of the wider impact an injury has had on a person and their loved ones. Special damages may cover the costs and losses listed below. Please note, that you will need to prove these costs, such as with receipts, wage slips and/or invoices.

Loss Of Income

A brain injury could prevent someone from working as they did before or even entirely. This can reduce income and future earning potential. Compensation can take lost wages, pension contributions and earning capacity into account.

Care

Those with brain damage may face extensive care needs. This may be provided by family, friends or professional care teams. Claims may include the cost of formal and informal care provided.

Medical Expenses

A head or brain injury may require ongoing medical care. This could include private treatment, medication and consultations with specialists.

Rehabilitation

Following a head or brain injury, you or your loved one may require physical, psychological or cognitive rehabilitation. Compensation may be secured to fund such rehabilitation programs.

Home Adaptations

A brain or head injury may impact mobility. This could require changes to a home or vehicle. Examples may include widening doorways, installing railings and ramps, or modifying a bathroom.

Car Adaptations

Similar to home adaptations, cars or other vehicles may also require adapting. Adaptations may be made to hand controls, seating systems or include the installation of a wheelchair lift.

Travel Expenses

Travel expenses related to attending medical, care or rehabilitation appointments may be reclaimed.

Our advisors could help you better understand what brain injury claims could compensate people for. Please contact us to be connected to one of our panel of brain injury solicitors.

Can Brain Injury Compensation Be Accessed Early For Ongoing Needs?

Brain and head injury compensation may be accessed early for ongoing needs. This could be accessed through an interim payment. Interim payments may be made if liability has been accepted but the overall settlement hasn’t been decided. They could help meet urgent costs, such as medical, care, rehabilitation, or home adaptation costs.

One of the specialist brain injury lawyers from our panel could apply to the other party or courts to secure early funds.

How Long Is The Brain Injury Claims Time Limit?

Brain injury claims are usually subject to a 3 year time limit. This can begin on the date a person is harmed on the date of their diagnosis. However, exceptions may be made where you are acting as a litigation friend. Time limits are set by the Limitation Act 1980. The failure to file a claim within the limitation period may lead to it becoming time-barred.

You can learn more about time limits to claim after an accident in our dedicated guide.

Can Brain Injury Claims Be Made On A No Win No Fee Basis?

Yes, brain injury claims can be pursued on a No Win No Fee basis. The solicitors on our panel offer a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement. This means you won’t pay any upfront solicitors’ fees, allowing you to access legal services. If your claim doesn’t succeed, there are no solicitor’s fees to pay. However, if your claim is successful, your solicitor will take a success fee from your compensation. This is taken as a pre-agreed and legally limited percentage.

UK Law panel offers more than just legal advice; you could access,

• An independent medical assessment.
• Help collecting evidence.
• A clear explanation of the claims process.
• Help securing interim payments.
• Access to rehabilitation services.

We can help people across the country. The solicitors making up our panel have decades of combined experience and are committed to the highest standards of service. We are ready to help you.

Contact UK Law

Contact UK Law today by,

• Calling us on 020 3870 4868.
• Clicking to claim online.
• Talking to an advisor over our live chat.

 

Frequently Asked Questions

Brain injury claims frequently raise questions about symptoms, complications and the claims process.

What Are The Symptoms Of A Brain Injury?

Brain injuries may present with cognitive, physical and behavioural symptoms. These can include,

• Changes to behaviour, mood, and sleep.
• Impaired concentration, memory, and confusion.
• Dizziness, headaches, and nausea.

What Brain Injury Complications Can Be Suffered?

Brain injuries can lead to long-term complications such as,

• Paralysis or mobility problems.
• Changes to personality and/or depression.
• Hydrocephalus, infections and seizures.

How Long Will A Brain Injury Claim Take To Settle?

How long a brain injury claim will take to settle depends on liability, the extent of injuries present, and recovery. Complex brain injury cases or where it is harder to establish liability may take longer to conclude.

 

Will Our Family Need To Go To Court For A Brain Injury Claim?

Most brain injury claims may be settled out of court. However, if the other party denies their liability or if compensation is disputed, it may be necessary to go to court.

 

What Support Is Available To Friends And Family After A Brain Injury?

Family and friends of those affected by brain injuries can access medical, emotional, financial and legal support. Support could include,

• Social services and/or NHS neurorehabilitation.
• Help from charities, such as Headway.
• Emotional counselling.
• Legal advice on compensation, benefits and care.

An advisor or a specialist brain injury solicitor from our panel could help answer further questions you may have.

More Information

Find more information on claims related to head and brain injuries as well as where you could get help and support.

• View head injury at work claims information here.
• Read about head and neck cancer misdiagnosis claims here.
• Check how traumatic brain injury lawyers could help you.

Help and support services.

• Find NHS information on a head injury or concussion here.
• Find support for adults in Scotland here.
• Access support for carers here.

Thank you for reading our guide to brain injury claims. Contact an advisor for further information or to begin a claim.