Serious Head Injury Claim – What Could You Claim?
This guide will discuss when you could make a serious head injury claim. We will look at how accidents could occur; at work, on the road and in public places that result in serious head injuries.
We will examine the duty of care owed by third parties to prevent harm and how breaches of this duty can cause serious injuries. Also included in this guide is a compensation table that features different types of brain injuries and their corresponding compensation guideline amount brackets taken from a document often used by legal professionals when valuing claims.
This guide concludes with a brief overview of the benefits to claimants of starting their potential case with a serious injury claim solicitor under a type of No Win No Fee agreement.
For more information, answers to your questions, and to get an assessment of your potential claim, you can contact our team of advisors via:
Select A Section
- Check The Eligibility Criteria For A Serious Head Injury Claim
- How Long Do You Have To Make A Serious Injury Claim?
- Evidence Requirements For Serious Injury Claims?
- Example Payouts For A Serious Head Injury Claim
- How Do No Win No Fee Serious Head Injury Claim Solicitors Work
- Resources On Serious Injury Claims
Making a serious head injury claim is subject to the same eligibility criteria as claiming for any other personal injury. We will cover the specifics of making a claim depending on where your accident occurred in more detail in the sections below. As a general rule, you will need to demonstrate:
- A third party owed you a duty of care at the time of the accident.
- That third party breached the duty of care they owed you.
- This breach caused you to sustain a serious head injury.
Check If You Could Claim For A Public Place Accident
Public places can include public parks and gardens, shops and the road network. The party in control of the land owes a duty of care to all visitors, ensuring they take steps to ensure their reasonable safety, as set out by the Occupiers’ Liability Act 1957.
In a shopping centre, a customer enters the stairwell to descend the stairs, but the lights are not working, as they grab onto the handrail, it comes away, and they fall from the top to the bottom of the stairs. As well as suffering several fractures to different limbs, they also suffer a brain injury that affects them physically.
Check If You Could Claim For Work-Related Injuries
The Health and Safety At Work etc. Act 1974 states that employers have a duty of care to take reasonable steps to ensure the safety of employees during the conduct of their work activities. This can include providing the proper training and instruction in the use of machinery, providing the correct personal protective equipment (PPE), ensuring the working environment is free from obstructions and carrying out regular maintenance on work equipment.
An example of when you could make an accident at work claim would be:
Your employer has been informed that one of the ladders used for accessing high areas is faulty. However, the employer fails to have this repaired or replaced. Unknowingly you use this faulty ladder to gain access to an elevated area, the ladder breaks, and you fall from a height causing a massive bleed on the brain. As a result, you are left disabled.
Check If You Could Claim For An Accident On The Road
Road users owe one another a duty of care when navigating the roads to do everything they reasonably can to prevent the experience of harm. This means they must adhere to the Road Traffic Act 1988 and The Highway Code.
As an example:
A driver is travelling above the speed limit. Because of this, they fail to make a bend, drive onto the pavement and collide with you. You sustain a severe head injury resulting in partial paralysis.
As with any other personal injury claim, the time limits for starting a serious head injury claim are governed by the Limitation Act 1980. In some cases, you will have 3 years from the accident date to start legal proceedings. There are exceptions that can apply.
- If the injured person is under 18 – a minor cannot pursue a claim, a litigation friend can be appointed on the child’s behalf to pursue the claim for them. If no claim is made by the time the claimant has turned 18 years old, they will then have 3 years to initiate legal proceedings.
- If the injured person is of a reduced mental capacity, then there is no time limit, it is suspended indefinitely. When a person suffers a serious brain injury, it is very likely that they will have reduced mental capacity. If this is the case, then a court can appoint a litigation friend to claim on their behalf. If no claim is ever made and the person regains mental capacity, they, too, have 3 years from this date to start a claim.
If you are unsure as to whether any exceptions may apply to your case, our team of advisors can help. You can contact them via the details above.
When starting a serious head injury claim, you will have to provide evidence in support. Evidence can not only show the extent of your injuries but can demonstrate a third party was at fault for the accident in which you were injured. We have included some examples of possible evidence you could collect below:
- CCTV footage: a number of public places, roads and workplaces are covered by CCTV cameras. You can request a copy of the footage from the time of the accident.
- Dashcam footage: For an accident on the road, you can also request a copy of any dashcam footage.
- Workplace Accident Book: following an accident at work, it should be reported in the workplace accident book
- Your medical records: After receiving treatment, you can request a copy of any scans or test results.
- Witness statements: Although you will not collect the witness statement yourself, you should take down any potential witnesses’ contact information so their statements can be taken during the claims process.
- Workplace training records: These can show that you received no manual handling training or training in the use of workplace equipment.
This list is non-exhaustive and aims to provide you with an idea of the possible evidence you could collect in support of your claim. For example, if your accident occurred and there was no witness to the accident, you can provide other evidence to demonstrate the fault of a third party.
If you would like support in collecting evidence, you can talk to our team of advisors. If your claim is valid, they could put you in touch with a solicitor from our panel who, once they have taken your claim on, could provide assistance with collating your body of evidence.
A personal injury compensation payout following a successful serious head injury claim can be comprised of two different heads of claim. General damages are awarded for the physical pain and suffering as well as the psychological impact.
We have taken a selection of injuries from the Judicial College Guidelines, along with their guideline award brackets, to create this table. The JCG is a publication to provide a guide on the possible value of different injuries. This means that this table is intended as a guide only, as personal injury claims are assessed individually on their respective facts.
|Severe Brain Damage (and other injuries plus special damages)||Brain injuries can be life long and have serious impacts and consequences. As well as compensation for the injury the claimant will also be awarded special damages taking into account the need for constant care.||Up to £1,000,000+|
|Paralysis (a) Tetraplegia (also known as Quadriplegia)||Top end of the bracket will be cases where physical pain is present or where there is a significant effect on senses.||£324,600 to £403,990|
|Paralysis (b) Paraplegia||This bracket includes cases of paraplegia and will be affected by the extent of pain, degree of independence, life expectancy and psychological impacts.||219,070 to £284,260|
|Brain Damage (a) Very Severe||Injuries causing severe brain damage where there is little to no environmental response.||£282,010 to £403,990|
|Brain Damage (b) Moderately Severe||Very serious disability with substantial dependent on others. Disabilities can be physical, paralysis, or cognitive, with impairment of intellect and personality.||£219,070 to £282,010|
|Brain Damage (c) Moderate (i)||Moderate to severe intellectual deficit, personality change, effect on the senses and significant risk of epilepsy.||£150,110 to £219,070|
|Brain Damage (c) Moderate (ii)||Moderate to modest intellectual deficit, greatly reduced ability to work and some risk of epilepsy.||£90,720 to £150,110|
|Epilepsy (a)||Established Grand Mal.||£102,000 to £150,110|
|Epilepsy (b)||Established Petit Mal.||£54,830 to £131,370|
The other of the two heads of claim that can make up your settlement is known as “special damages.” They can be awarded for any financial losses you have suffered due to your injuries. Some examples of financial losses that could form part of your serious head injury claim are:
- Domestic care: a serious head injury could affect your ability to carry out domestic tasks. You could potentially claim for the cost of any support in the home you require.
- Home alterations: such as a shower rail or access ramp.
- Transport costs: if your ability to drive has been reduced, you could claim for any public or private transport.
- Loss of earnings: You could claim for the pay you have lost during your recovery, or if you are unable to return to work, you could be compensated for a lifetime of lost earnings.
Make sure you keep any; receipts, invoices, payslips, bills and other documentation that show your monetary losses.
Provided you meet the eligibility criteria for starting a serious head injury claim, our team of advisors could connect you with a personal injury solicitor from our panel. They could offer you a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA). Under these terms, in most cases, you would not have to pay any upfront fees for the solicitor’s services, nor any fees as your claim progresses. If your claim does not succeed, you will not have to pay the solicitor for their services.
Upon the success of your claim, you will be awarded a compensation settlement. A percentage of this amount will be automatically deducted, known as a success fee. The success fee percentage is capped by law, meaning you keep the majority of your settlement
You can reach out to our team if you would like more information on how to make a claim. You can:
- Call our advisors on 020 3870 4868
- Use our online “contact us” form
- Use the live chat feature at the bottom of this page
See more of our injury claim guides
- Learn how to prove your employer’s liability in an accident at work claim.
- Read more about starting a claim as a vulnerable road user injured.
- Find out how to claim for an accident that has left you unable to work
More useful resources
Thank you for reading our guide on when you could make a serious head injury claim. Our team of advisors are available to answer your questions, address any concerns and assess the validity of your potential claim. You can get in touch using the contact details above.