Serious Brain Injury Claim – What Could You Claim?

This guide will explore the eligibility criteria for making a serious brain injury claim. As you go about your daily life, while on the roads, at work, or when out and about in public, very often there is a third party that will have a responsibility for your safety. This guide will look at when a person can make a personal injury claim after suffering brain damage due to one of those third parties neglecting their obligation in keeping you safe. 

Additionally, this guide will not only examine the types of evidence you could use to support your serious brain injury claim, but it will also advise on how long you have to pursue your case. This guide will also discuss how a legal professional could assign value to your injury, including what damages you could claim for. 

Serious-Brain-Injury-Claim

Serious Brain Injury ClaimTo conclude, we will outline the advantages of working with a legal professional on a No Win No Fee basis, should you have an eligible case and want representation for expert advice. Contact our team of advisors now to find out if you can make a serious brain injury claim.

You can get in touch with us by: 

  • Calling us on 020 3870 4868
  • Completing our form to claim online
  • Chatting with us using the live chat function on our website

Select A Section

  1. Check If You Are Eligible To Make A Serious Brain Injury Claim
  2. Understanding Time Limits For Serious Injury Claims
  3. What Evidence Could Help To Support Serious Injury Claims?
  4. Potential Serious Brain Injury Claim Payouts
  5. Check And See How A No Win No Fee Solicitor Could Help You

Check If You Are Eligible To Make A Serious Brain Injury Claim

To make a personal injury claim for a serious brain injury, you must satisfy the eligibility criteria for negligence established in the law of tort. To do this, you need to be able to show that:

  • A duty of care was owed to you
  • A breach of this duty occurred
  • This breach caused you to suffer an injury

Below we establish the duty of care owed to you in different places. 

A Serious Injury Public Accident Claim

Under the Occupiers’ Liability Act 1957, the party in control of a piece of land or business premises must take such care to ensure your reasonable safety in using the land for the purpose you’re permitted on it. Failure to abide by this duty of care could make an occupier liable if you suffer an injury due to their breach.

A Serious Injury Work-Related Accident Claim

The duty of care owed to you while at work can be found in the Health and Safety at Work etc. Act 1974. Your employer must take all reasonable steps to keep you safe and prevent work-related injuries. If your employer breached this duty of care and you suffer an injury as a consequence, you could be eligible to make a personal injury claim following the workplace accident. 

Serious Injury Road Traffic Accident Claims

On the roads, all road users, including drivers, cyclists, motorbike riders and pedestrians all owe one another a duty of care to navigate the roads in a way that prevents injury and damage to themselves and others.

To abide by this duty, road users must adhere to the  Road Traffic Act 1988 and the Highway Code. Should a driver breach their duty of care, a road traffic accident could result that causes others to be injured. 

Contact one of our advisors now to discuss the details of your personal injury claim and see if you’re eligible to work with a solicitor from our panel.

Understanding Time Limits for Serious Injury Claims

In addition to satisfying the eligibility requirements outlined above, you must adhere to the time limits set out in the Limitation Act 1980 to make a serious brain injury claim. Generally, you have three years to begin your personal injury claim from the accident.

There are exceptions to the general rule, such as in cases where someone under 18 is injured. In such scenarios, a litigation friend could be appointed to claim for them by the courts, as minors cannot pursue a personal injury claim. Alternatively, the claimant could wait for their 18th birthday to act for themselves, and they would then have three years to begin a personal injury claim from this date. 

Those who lack mental capacity to pursue their own claim do not need to comply with any time limits unless they make enough recovery to pursue their own claim, in which case the 3-year time limit would begin from that date. In the meantime, a litigation friend can be appointed to claim on their behalf.

Contact our team of advisors today if you want to learn more about your case’s time limit and validity.

What Evidence Could Help To Support Serious Injury Claims?

To support your serious brain injury claim, you should consider the types of evidence you could provide. Evidence is very useful, as it can be used to prove liability and causation. 

You may want to gather evidence like:

A solicitor from our panel could help you build an evidence portfolio as part of their service if you have an eligible claim. Contact one of our advisors now for a free case assessment.

Potential Serious Brain Injury Claim Payouts

If you make a successful serious brain injury claim, your settlement could consist of up to two heads of claim. The first is called general damages, compensating you for any pain, suffering, and impact on your quality of life you’ve endured because of negligence.

To assign a value to an injury, the Judicial College Guidelines (JCG) could be utilised. This document comprises guideline valuation brackets for different injuries. Also, your medical reports will be used.

Although we cannot guarantee the level of compensation you could receive due to the uniqueness of every case, below you can find a table of guidance figures extracted from the JCG.

Compensation Table

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Injury Severity Compensation Notes
Severe Brain Injury With Other Injuries Plus Special Damages Severe Up to £1,000,000+ A severe brain injury with other injuries, plus compensation for special damages.
Paralysis Tetraplegia £324,600 to £403,990 Paralysis below the neck, making the person unable to voluntarily control any of their limbs.
Paraplegia £219,070 to £284,260 Paralysis affecting the lower part of the body, making someone unable to voluntarily control their legs.
Brain Damage Very Severe £282,010 to £403,990 Requires full time nursing care, with the level of compensation awarded dependent on factors like life expectancy, physical limitations and sensory impairment.
Moderately Severe £219,070 to £282,010 Very seriously disabled, whether physically and/or cognitively, with substantial dependence on others.
Moderate (i) £150,110 to £219,070 Involves a degree of intellectual deficit, with a personality change and no prospect of employment.
Moderate (ii) £90,720 to £150,110 A lower degree of intellectual deficit, with the ability to work greatly reduced.
Moderate (iii) £43,060 to £90,720 Concentration and memory affected, with the ability to work reduced.

Special Damages 

The second kind of compensation you could receive is special damages. This compensates you for any reasonable losses you’ve incurred due to your injury. To ensure that such losses are fully compensated for, you should keep any evidence of them.

This can include:

  • Receipts
  • Payslips
  • Invoices

Contact our team of advisors now to find out if a solicitor from our panel could help with your serious brain injury claim.

Check And See How A No Win No Fee Solicitor Could Help You

You may want to appoint a legal professional to assist with your personal injury claim. Consider instructing one under a Conditional Fee Agreement if this is the case. This is a type of No Win No Fee agreement and comes with the following benefits:

  • There would be no upfront solicitor fees
  • There would be no fees needed as the case progresses. 
  • If unsuccessful, you wouldn’t need to pay for the solicitor’s services you had been provided with
  • If successful, you would pay a success fee, which is a small, legally capped percentage of the compensation you had been awarded

Our panel of solicitors offer this type of agreement and have years of experience dealing with serious brain injury claims. Moreover, they would only accept instruction if they thought your case had a reasonable chance of success, meaning your time would be well-spent.

Start Your Claim Now

To find out the eligibility of your personal injury claim, contact one of our advisors now by:

  • Calling us on 020 3870 4868
  • Completing our form to claim online
  • Chatting with us using the live chat function on our website

Learn More About Claiming For A Serious Injury

We hope this guide has answered your questions about a serious brain injury claim. You can check out more helpful guides from us here:

For some external resources, please look below: