By Jo Jeffries. Last Updated 14th April 2022. Welcome to our guide to traumatic brain injury claims. Here, we answer questions such as ‘How much money can you get from a traumatic brain injury?’ and discuss brain injury compensation payouts in detail.A severe brain injury can have a devastating impact on the quality of your life. Being able to claim for potential damages due to the injury comes from making a personal injury claim. The most important factor in claiming is proving that third party negligence led to the injury in question. However, you may be unsure how to prove this. This is why you might want to use an experienced traumatic brain injury lawyer. They may give you or a loved one the best chance of receiving compensation.
Calculating Damages For Traumatic Brain Injuries
Important questions answered in this guide include:
- What are the symptoms of very severe brain damage?
- What is the personal injury claims time limit?
- In what instances can you sue for a head injury?
- What are the benefits of using a brain injury lawyer?
- What is a traumatic brain injury?
- Can you claim financial losses as a result of a workplace accident?
- What kind of evidence do you need to claim for a traumatic brain injury?
- What are the benefits of using a No Win No Fee personal injury solicitor from our panel?
Our advisors offer free legal advice 24/7, so if you have any queries, such as wanting to know if you’re eligible to claim and what brain injury compensation payouts could include, please get in touch. You can contact them using the details below.
- Call us now using 0800 073 8801
- You can provide us with your injury details using email@example.com.
- Write to us using the Live Chat window that’s on your screen.
- Contact us on our website.
Read on to learn more about how to claim for head injuries, ranging from mild traumatic brain injury to more severe cases and how brain injury compensation payouts are calculated.
Select A Section
- A Guide On How A Traumatic Brain Injury Lawyer Could Help You
- What Are Traumatic Brain Injuries?
- What Are The Symptoms Of Traumatic Brain Injuries?
- Causes Of Traumatic Brain Injuries
- What Are The Different Types Of TBI?
- Outlook And Prognosis
- Traumatic Brain Injury Compensation Calculator
- Additional Damages
- No Win No Fee Traumatic Brain Injury Claims
- How Traumatic Brain Injury Lawyers Could Help You
- Why Choose Our Traumatic Brain Injury Lawyers?
- Begin A Claim
- Traumatic Brain Injury Statistics
- About Traumatic Brain Injury Lawyers
- FAQs About Using A Traumatic Brain Injury Lawyer
In extreme cases, a brain injury can fundamentally change aspects of who you are and what you’re able to do. The brain controls bodily functions, such as movement and speech, and establishes aspects of our personality. Therefore, you may want to use a traumatic brain injury lawyer because your physical and mental capabilities have suffered through no fault of your own.
With this in mind, there are three things you need to prove to claim successfully. They are:
- Firstly, that a third party had a duty of care to you
- Secondly, that the third party acted in a way that breached this duty of care
- Finally, that it was this breach that caused the injury
Could I receive brain injury compensation payouts?
Only if you’re able to prove all three of these would you be eligible to make a personal injury claim. This is the same for whether you’ve suffered a contusion, a hematoma or diffuse injuries caused by hypoxia and meningitis.
To know more about personal injury claims, such as the amount of compensation you could receive, please call to speak to one of our advisors for free legal advice. They’re available 24/7 and can be reached using the contact details above.
Traumatic brain injuries often have permanent or prolonged effects that result in the general decline of your quality of life. If the injury doesn’t lead to mobility or personality issues, it can sometimes have damaging psychological effects.
However, it isn’t the serious nature of the injury that can lead to you suing successfully. It’s important to bear in mind the circumstances surrounding the head injury. In answering the question, “can you sue for a head injury?” the answer is yes, but you need to be able to prove that third party negligence led to the traumatic brain injury. If you are responsible for your injury you would not be able to make a claim.
Can Brain injury lawyers help me get brain injury compensation payouts?
Using a specialised brain injury lawyer could potentially give you the best chance of receiving compensation. Cases like this can be very complex. Lots of medical evidence and evidence to substantiate your claims may be needed. Solicitors who specialise in this field will have the capabilities to ensure your case is filed in full.
The symptoms of traumatic brain injuries vary based on their severity. Therefore, you may only experience potentially temporary symptoms like:
You could, however, also suffer more intensive and permanent symptoms such as:
- A coma
- Difficulties with speech
- Breathing problems
- Shifts in personality
- Body numbness
If you suffer any of these symptoms shortly after an accident it is vital that you get emergency medical help. The sooner you receive the right treatment the better chance you have of making a recovery.
The need for a traumatic brain injury lawyer comes from suffering an impact injury to the head. This will have been caused because a party who had a responsibility for your safety did not take the necessary steps to keep you safe. The kind of events that can cause a brain injury include:
- A road traffic accident (often referred to as an RTA). Every UK road user has a duty of care to one another in the form of the Highway Code. If another road user has neglected to follow the rules illustrated in the code and crashed into you as a result, it could be argued that their negligence led to your injury.
- An accident at work. Every employer has a duty of care to their employees to, within reason, provide them with a safe and secure environment. This is highlighted in The Health and Safety At Work etc. Act 1974. If you’ve injured yourself by tripping on an exposed wire, for instance, you may be able to claim for negligence.
- An accident in a public place. Controllers of public spaces need to, within reason, ensure that the environments are safe to be used without risk of injury. Therefore, if you’ve had a slip, trip or fall leading to a traumatic brain injury you weren’t liable for, you may be able to claim. Their duty of care is shown in the Occupiers’ Liability Act 1957. If you’ve suffered an injury in this regard, claiming compensation could involve you claiming against the local council.
- Medical negligence. For instance, you could have a skull fracture made worse due to an improper surgical procedure. You could also have a diffuse axonal injury negligently misdiagnosed, leading to the symptoms worsening.
- An assault or violent criminal act. You can claim directly with the perpetrator or through the Criminal Injuries Compensation Authority (CICA).
Many types of traumatic injuries could lead to you contacting a brain injury lawyer. A traumatic brain injury disturbs the functioning of the brain. Furthermore, it can be caused by any significant blow to the head or piercing of the skull. Examples of brain injuries include:
- Intracerebral haemorrhage (ICH) – A type of stroke that leads to bleeding within the brain tissue.
- Subarachnoid haemorrhage (SAH) – A type of stroke that leads to bleeding on the surface of the brain.
- Ischemia – a condition that involves the blood flow (and, therefore, oxygen) being reduced or restricted.
- Diffuse injuries – often referred to as multifocal injuries. They are caused by meningitis and hypoxia.
- A diffuse axonal injury – an injury that leads to the tearing of the brain’s long connecting nerve fibres.
- Hematoma – causes blood to pool under the skin.
- Contusion – a bruise caused by blood capillaries rupturing.
- A Coup-Contrecoup injury – This is two separate brain injuries that could be sustained from the same incident. A coup injury occurs underneath the site of impact when you’ve collided with or hit an object. A contrecoup injury occurs when the injured side of the brain is the opposite side to the one that was struck.
If you’ve suffered any of these injuries seek immediate medical treatment. To see if you can make a personal injury claim, call us for free legal advice using the contact details above.
Usually, upon entering the hospital the medical staff will focus on diagnosing the injury to prevent further damage.
- Diagnosis – Radiological tests, like a CT scan (often referred to as a CAT scan), are normally performed. A series of X-rays are also done to get a full understanding of the injury. A neurological examination will be performed, including assessing you using the Glasgow Coma Scale (GCS).
- Treatment – In the case of a large hematoma or contusion compressing the brain, surgery is usually performed upon diagnosis to help relieve the pressure. Non-surgical treatments to prevent further damage include heightening blood pressure levels, which can decrease due to the traumatic brain injury. There are different treatment options available depending on the type of brain injury you have suffered.
- Recovery and outlook – It depends on the extent of the injury. Patients with only mild head trauma could experience dizziness or headaches, but they gradually decrease in frequency in most cases. Moderate head injuries usually cause a severe degree of disability that could cause speech issues and personality issues, amongst other symptoms. In many cases, very severe brain damage can lead to either death or the patient remaining in a vegetative state.
The potential ramifications of suffering such an injury can be very difficult to comprehend. Hence, this is why it’s completely understandable if you’re wanting to contact a traumatic brain injury lawyer. We can help you do this. Simply call us 24/7 at a time that works for you.
There are two potential heads of claim when claiming for a brain injury.
- The amount of general damages you could receive depends on the psychological and physical damage done by the injury, as well as the decline in your quality of life.
- You may also be able to claim for special damages. These relate to the financial losses suffered from the injury.
You may be wondering about the reliability of the compensation estimates produced from our personal injury claims calculator. They are based on information provided by the Judicial College. They assess general damages payouts for personal injury claims, comparing the amount received to the severity and extent of the injury. Therefore, they’ve been able to build compensation brackets which we use to give you the most reliable figures.
Brain injury compensation payouts examples
Furthermore, below is a series of brain injuries and the relevant compensation brackets. This will give you a better idea of what you could receive should you decide to make a claim. You could do this by hiring a brain injury lawyer. The Judicial College provided these figures.
|Area of Injury||Amount of Compensation||Description|
|Brain||£9,990 to £24,680||Cases in this bracket will mean that the injured person suffers from other epileptic conditions, causing one or two discrete epileptic episodes or a temporary reoccurrence of epilepsy.|
|Brain||£51,460 to £123,340||The injured person will suffer from established petit mal seizures due to epilepsy caused by the injury. The level of the award will be affected by factors like if medication is needed and, if so, how continually it's needed.|
|Brain||£95,710 to £140,870||The injured person will suffer from established grand mal seizures caused by epilepsy.|
|Brain or Head||£2,070 to £11,980||Brain damage, if any, will be minimal in these cases.|
|Brain||£14,380 to £40,410||The injured person will have a good recovery. As such, they will be able to take some part in normal social life and be able to return to work. However, there may not be a full restoration of all normal functions.|
|Brain||£40,410 to £85,150||This bracket is for when the injured person has issues with concentration and memory, suffers from reduced work capabilities, there is a small epilepsy risk and the dependance on others is limited.|
|Brain||£85,150 to £140,870||This bracket includes injuries where there is a moderate to modest intellectual deficit, the ability to work, if not entirely removed, is signficiantly reduced and the injured person is at some risk of epilepsy.|
|Brain||£140,870 to £205,580||Cases in this bracket usually involve moderate to severe intellectual deficit, a personality change, a detrimental effect on speech, senses and sight with a significant epilepsy risk and no ability to ascertain or maintain employment.|
|Brain||£205,580 to £264,650||This bracket is for when the injured person is severely disabled. As such, there will be frequent and consistent dependency on others and a need for constant medical and professional care.|
|Brain||£264,650 to £379,100||In severe cases within this bracket, the injured person will only have the ability to follow some simple commands, such as the ability to open their eyes and be able to sleep. However, there will most likely be no evidence of meaningful response to environment, no ability to use language and double incontinence.|
The personal injury claims time limit is very important when trying to make a successful claim. You would need to claim within three years or three years from the date you were made aware of the injury. However, there are clear exceptions. If you do not have the mental capacity to claim for yourself then a friend or family member can request to become a litigation friend. They then can act on your behalf in a personal injury claim. This is established in The Limitation Act 1980.
Given the potential ramifications of a traumatic brain injury, you may be wanting to claim for the financial losses caused by it. The kind of things you can claim include:
- Loss of earnings
- Travel costs, for instance, needing to get public transport if you’re unable to drive.
- Medical costs, such as needing a care bed or a care nurse
- Loss of future earnings if, for example, you’re unable to work for the foreseeable future.
- Private healthcare
One thing to bear in mind when trying to claim for special damages: you will need evidence to prove these losses. This includes providing things like receipts, invoices or bank statements.
Whether you’ve suffered an injury from a delay in medical treatment or from slipping in a supermarket if you feel as if negligence resulted in your injury, you may be able to claim. Therefore, to find out more, give us a call using the contact details above.
You may be wondering, “what are the benefits of me using a No Win No Fee brain injury lawyer?” It means that:
- You won’t need to pay solicitor fees, either during the claim or beforehand.
- Instead, a small legally capped compensation portion will be taken as payment for the solicitor fees once your claim has been successful.
- You also won’t need to pay solicitor fees if your claim is unsuccessful.
Therefore, a No Win No Fee personal injury solicitor won’t waste your time. Any legal representation you use through contacting us will only take your claim if they feel you have a reasonably good chance of success.
There are further benefits that a No Win No Fee traumatic brain injury lawyer can provide. The claims process can be confusing and difficult to navigate, which is why you may find the service they provide invaluably. They can help with:
- Organising your medical assessment. This is a mandatory part of every personal injury claim to show how the incident physically and mentally affected you.
- Gathering evidence. For example, if you were involved in an RTA, they can compile police reports, witness statements, CCTV footage and deal correspondence from the insurer to organise your case.
- Negotiating a settlement. This can be difficult sometimes. The defendant’s lawyer could offer a lower amount in the hopes you’ll instantly agree to it. Your solicitor can help guide you in this instance to make sure you have the best chance possible at getting the compensation you’re entitled to.
Whether you’ve been injured due to an accident in a public place, medical negligence or being the victim of assault, a brain injury lawyer can offer the expertise and professionalism needed to present your case in the best possible way.
We try to take as much stress away from you as possible when making a personal injury or medical negligence claim. Therefore, our helpful advisors offer free legal advice 24/7, meaning that you can contact them at a time that works for you. They can assess your situation, see if you’re eligible to claim and provide you with a reliable compensation estimate in just a few minutes.
Solicitors that could help fight for brain injury compensation payouts
Furthermore, we have solicitors who are specialised to deal with traumatic brain injury cases. They have years of experience dealing with personal injury and medical negligence claims. While they can’t possibly understand what you may be going through, they can offer legal support and advice that could lead to you receiving compensation. They’re organised, diligent and offer their services on a No Win No Fee basis.
In conclusion, you only have to call us once to begin making a personal injury claim. If you’re eligible, our advisors can transfer you to a traumatic brain injury lawyer who could help build your case. Contact us 24/7 for free using the details below.
- Call us now using 0800 073 8801
- You can provide us with your injury details using firstname.lastname@example.org.
- Write to us using the Live Chat window that’s on your screen.
- Contact us on our website
The brain injury charity, Headway, provide statistics concerning traumatic brain injuries that occur across the UK. Their latest statistics are above. As you can see, from 2012/13 to 2016/17, there were almost 970,000 male admissions due to brain injuries (ABIs). An acquired brain injury is a brain injury that is experienced after birth. These injuries can range from a skull fracture to a hematoma or a subarachnoid haemorrhage.
Whether you’ve suffered from a road traffic accident or medical negligence, you may be able to claim if the third party in question was negligent. Call us today using the details above.
For more useful information, please use the links below.
Want to learn more about head injuries and concussions? If so, visit the NHS website.
If you’ve suffered from a severe head injury, click here for medical guidance.
Would you like to know about road traffic accident statistics in Great Britain? If so, visit the Department for Transport’s page today.
If you’d like to read more about claiming for a head injury, visit our website.
Click here to learn more about claiming for brain damage suffered after an RTA.
Have you or a loved one suffered from a complex injury, such as a heart attack leading to brain damage? If so, and you want to know more about receiving compensation, click here.
For answers to frequently asked questions about hiring a traumatic brain injury lawyer, please see below.
Who is eligible to make a brain injury claim?
People who have suffered a brain injury because a duty of care was breached.
How long will it take to make a claim?
It depends if the defendant agrees to accept liability. As such, it can vary on a case-by-case basis.
Why choose us for your claim?
If you choose to use a brain injury lawyer from our panel, we guarantee that they are specialised, professional and will work with you on a No Win No Fee basis.
Is there such a thing as an insignificant brain injury?
Due to the nature of the brain, there is always a risk that a seemingly insignificant brain injury could result in a life-changing injury. Therefore, please refer to medical professionals for more information.
How much money can you get from a traumatic brain injury?
How much money you could get from a traumatic brain injury caused by someone else’s breach of their duty of care towards you could vary. Your compensation settlement could take into account the different ways in which you have suffered and are expected to suffer in the future. Traumatic brain injury compensation could include:
- Damages for your pain and suffering
- Compensation for your loss of amenity
- Damages for out-of-pocket medical and care costs, both immediate and future
- Compensation for actual and future loss of earnings
- Damages to cover travel costs
To find out what you could claim, please call our team.
How do No Win No Fee traumatic brain injury claims work?
If a lawyer takes your traumatic brain injury case on under No Win No Fee terms, they could offer you a Conditional Fee Agreement. This would indicate the percentage the solicitor would take as a success fee if compensation is paid out. The success fee could vary, but it is subject to a legal limit of 25% of your compensation payout.
Once your payout comes through, the solicitor would deduct the success fee, and the rest of the payout would benefit you.
What happens if a No Win No Fee traumatic brain injury claim is unsuccessful?
If your No Win No Fee case doesn’t result in compensation, the success fee would not be payable. You would not be expected to cover your solicitor’s costs either.
Final words on brain injury compensation payouts
Contact us to learn more about hiring a traumatic brain injury lawyer with experience pursuing brain injury compensation payouts on behalf of claimants.