By Fern Easton. Last Updated 2nd March 2021. Welcome to our guide on claiming compensation for brain damage after a car accident. It will be useful to those involved in a road traffic accident (RTA), which resulted in brain damage due to the fault of a third party.
It may be fair to state that a road traffic accident (RTA) is never a predictable or joyous event, and the injuries that are associated with an RTA could range from minor to major, physical to psychological. When a negligent third party is at fault and has caused a serious accident, traumatic brain injuries could be inflicted upon those who were unfortunately involved. If you have experienced brain damage after a car accident that was caused by a negligent party, this online guide could prove useful.
If at any point within this online guide you become confused about the material that is being discussed, or if you have questions about compensation claims for brain injuries, then please contact a member of our team. We have a team of advisors who are standing by to take your call and are available 24 hours a day, 7 days a week. If you have any questions about the claims process or the information being discussed, please get in touch by calling 0800 073 8801. Our advisors will be happy to provide free legal advice of no obligation.
Select A Section
- A Guide To Claiming Compensation For Brain Damage After A Car Accident
- What Is Brain Damage After A Car Accident?
- What Is A Traumatic Brain Injury?
- Brain Injury Symptoms
- Brain Injury Statistics
- Causes Of Car Accidents
- Claims For Brain Damage After A Car Accident Against An Employer
- Steps To Take If You Suffered Brain Damage After A Car Accident
- Acting As A Litigation Friend
- Brain Damage After A Car Accident Compensation Calculator
- Special Damages Awarded For Brain Injuries
- No Win No Fee Claims For Brain Damage After A Car Accident
- How We Could Help Those With Brain Injuries After A Car Accident
- Start Your Claim For Brain Damage After A Car Accident Today
- Essential References
This online guide explores how road traffic accidents caused by third-party negligence have the potential to cause brain injuries. In doing so, this online guide breaks down and discusses severe brain damage, how it is caused, its symptoms, and how the forceful impact of two vehicles colliding could have a detrimental outcome for the vehicle occupants. To provide a clearer understanding, this online guide aims to answer all of the relevant questions that you might have in relation to brain damage after a car accident. By the end of this guide, it should have successfully outlined;
- Signs of brain damage after a car accident.
- Types of brain damage from a car accident.
- How do you know if a head injury is serious?
- How a personal injury solicitor could assist you when making a traumatic brain injury claim.
Before we delve into the topic of this guide, it is worth highlighting that all claims for compensation could be affected by a personal injury claim time limit. In simple terms, those impacted by a personal injury have 3 years to begin a claim for compensation. The time limit comes into action from the date the accident occurred, or alternatively, the time limit comes into action once brain damage after a car accident has been officially diagnosed by a medical professional. To discover whether your claim meets the applicable time limit, please contact a member of our team.
Brain damage is any form of injury or trauma that disrupts the brain’s ability to function normally. In many cases, there are two different types of brain injuries people can experience. These include acquired brain injury and a traumatic brain injury. Within these two injury types, there are different severities. For example, a car crash has the ability to inflict brain damage of different severities due to the sheer impact of two vehicles colliding. Upon collision, a car crash may cause the head to jolt, and during this process, it could cause a variety of head injuries of all severities.
Common signs of brain damage after a car accident might include:
- Difficulty concentrating
- Sensitivity to light and sound
In severe cases, a car accident has the ability to inflict harsh injuries in addition to those listed above. For example, those who have been involved in a car accident may experience bleeding on the brain from head trauma if they hit their head. There is a possibility that those involved in severe car crashes may experience brain swelling after a car accident or head injury symptoms days later.
A traumatic brain injury (TBI), also known as intracranial injury, refers to the damage of brain tissue after being involved in an incident. Injuries of this nature are often caused by a significant impact to the head that has resulted in brain damage. For example, a brain damage injury could be caused by road traffic accidents, physical assault, and slips and trips. You might be wondering whether or not a traumatic brain injury has permanent effects, and how do you know if a head injury is serious?
To answer these questions, the injury may need to be assessed and a level of severity acknowledged by a qualified medical practitioner. This is because some accidents might result in a minor injury that poses limited threat or concern. However, there are some cases where severe brain damage from a car accident could result in serious and life-long complications.
The recovery time for a traumatic brain injury could be determined by the severity of the injury. If you’ve experienced a brain injury that has the potential to heal over time, the NHS claims that you might be recommended follow-up appointments to monitor your progression. You may also be recommended rehabilitation, which could include:
- Occupational Therapy – This could help you to make a change in your everyday life if you are struggling to adjust after an accident.
- Physiotherapy- This could help those with physical concerns like weakness, stiffness or a lack or limited co-ordination.
- Speech and Language Therapy – If brain damage has affected your ability to speak, this type of therapy may help you strengthen and reconnect with your voice.
- Psychological Therapy – This is in relation to cognitive behavioural therapy (CBT). This could help you come to terms with your injury and provide you with tools to combat mental distress (such as PTSD).
In cases where severe brain damage from a car accident has hindered your ability to fully recover, you could be offered aftercare and treatment where applicable.
As previously stated, the effects of a brain injury can vary depending on the injury type and severity of the injury. There are some cases where a head injury could result in minor damage, but there are some cases where an accident could result in a severe traumatic brain injury. If you or a loved one has experienced a head injury, it is advisable that you seek medical attention as soon as possible. Head injuries aren’t something to be taken lightly, and they may require hospital treatment, so in the event that you’ve experienced a head injury, it is crucial that it is treated with urgency, care, and proficiency. A failure to acknowledge and react to a head injury could have a devastating outcome and result in life-long repercussions.
The NHS has identified that there are common symptoms that people experience if they have endured a brain injury. These symptoms include:
- Memory Loss
- Swelling or bruising around the eyes and ears
- Difficulty with coordination (such as walking)
- Difficulty staying awake
- Unable to speak
- Fits or seizures
- Double vision
- Episodes of Vomiting
This section provides car accident head injury statistics.
It was reported by headway.org.uk that there were 348,453 admissions to hospitals in relation to acquired brain injury in 2016-2017. It was also reported that there were 155,919 admissions to hospitals for a head injury. Of that statistic, it was stated that men are 1.5 times more likely to be admitted to hospital for head injury than women.
Car accidents are common and happen for a variety of reasons. It was reported by the Department of Transport that there were 25,945 serious injuries caused by road traffic accidents reported to the police in 2019.
As you might expect, there are many different factors that could contribute to a car accident. For example, if a third party causes a road traffic accident, it could be due to:
- Driving under the influence of drugs, including alcohol
- Aggressive driving
- Failing to uphold the Highway code
- Reckless driving
- Design defects and vehicle malfunction
- Unsafe lane changes
There are some scenarios where you could become injured due to a road traffic accident while working. These types of accidents may typically occur in job roles such as:
- Taxi drivers
- Delivery drivers
- Construction workers on building sites
- Tradesmen (painters, decorators, plumbers, etc.)
If you suffered brain damage in an accident at work that was caused by the provable negligence of your employer, you could have grounds to make a personal injury claim against them.
All employers have a duty of care to provide the safest possible working environment for their employees. This obligation is enshrined in law, and the Health and Safety Executive (HSE) states that if an employee becomes injured as a result of the work they do for an employer, then they may have the legal grounds to claim compensation.
In relation to a workplace injury, the HSE reported 693,000 working people in Great Britain sustained an injury at their place of work in 2019/20. If an employer fails to provide effective training, equipment, or work conditions, this could result in an accident, including car accidents at work. If that is the case, then you could claim against your employer for brain damage after a car accident.
If you have experienced brain damage after a car accident, there are steps you could take to strengthen a claim for compensation. In order to make a claim of this nature, third-party negligence as a cause of the accident, which led to your injuries, must be proven.
Citizen’s Advice has outlined some key steps to follow in the event of an accident. These include:
- Seek medical attention
- Report the incident to your employer
- Take photographic evidence
- Collect the details of those who witnessed the incident
- Take notes
There are some circumstances where you could be appointed as a litigation friend for another individual’s personal injury claim. This essentially means that you make decisions about a court case on the behalf of either:
- A child
- An adult who is mentally unable to manage their own case
To be appointed as a litigation friend, you may have to either apply for the position or be appointed the position by the court. In the event nobody is willing or able to be a litigation friend, then the court may ask the ‘Official Solicitor’ to fill the position. The duties of a litigation friend often include:
- Making decisions in the best interest of the impacted individual
- Doing everything possible to inform the affected party what is happening
- Trying to find out the feelings and wishes of the affected individual and voice them to the court
- Talking to a solicitor about the situation, gain advice on what to do and say
- Paying any costs/fees that are ordered by the court
To discover more information about litigation friends and their obligations, you can read more about this here. Alternatively, you could contact a member of our team and discuss litigation friends and their role in a compensation claim at greater length.
When making a claim in relation to brain damage after a car accident, there is some key information that needs to be outlined. Firstly, all claims for compensation are inherently different and the compensation that could be awarded to those with an eligible claim may reflect the individuality of the case. For example, those who have experienced severe brain damage from a car accident at the hands of negligence may differ from those who experienced a minor injury. Although both instances could present eligible grounds for compensation, the settlement amount, if awarded, may reflect the injuries sustained and the severity of those injuries.
To illustrate the compensation that could be awarded, we have provided a table that details the types of injury, its description, severity, and the amount awarded. This table used Judicial College Guidelines and provides only a rough indication of compensation amounts that could be awarded in successful claims. A solicitor may be able to more accurately outline possible settlement amounts.
|Injury||Severity||Awarded Amount||Injury Description|
|Brain Damage||Less Severe||£14,380 to £40,410||Injuries within these brackets will generally make a good recovery and be able to take part in a normal social life, but there could be persisting problems such as poor concentration and memory or disinhibition of mood, which may interfere with lifestyle, leisure activities and future work prospects.|
|Brain Damage||Moderate||£40,410 to £205,580||An injury of this nature could result in a personality change, an effect on the person’s ability to speak, write, and read. In many cases, an injury of this severity could result in epilepsy and no prospect of future employment.|
|Brain Damage||Moderately Severe||£205,580 to £264,650||In cases such as this, the affected individual will be seriously disabled. The person may also experience a shorter life expectancy, physical limitations, and ability to communicate.|
|Brain Damage||Very Severe||£264,650 to £379,100||An injury of this severity will result in a very short life expectancy, physical restriction, sensory impairment, and unable to communicate whatsoever.|
|PTSD||Less Severe||£3,710 to £7,680||PTSD of this nature is expected to make a progressive recovery, however, the affected individual may show signs going forward.|
|PTSD||Moderate||£7,680 to £21,730||Those who experience moderate level of PTSD will not be deeply disabled, but will display|
|PTSD||Severe||£56,180 to £94,470||Those who experience severe PTSD symptoms will have difficulty returning to a normal mental space. The effects of their PTSD will infiltrated their daily routine and will affect their ability to earn a living.|
|Epilepsy||Severe||£95,710 to £140,870||Established Grand Mal|
|Epilepsy||Moderate||£51,460 to £123,340||Established Petit Mal|
|Epilepsy||Minor||£9,990 to £24,680||Cases where there are one or two discrete epileptic episodes, or a temporary resurgence of epilepsy, but there is no risk of further recurrence beyond that applicable to the population at large|
|Impairment of Taste and Smell||Total Loss of Taste and Smell||Around £36,770|
|Impairment of Taste and Smell||Total Loss of Smell and Significant Loss of Taste||£30,870 to £36,770|
|Impairment of Taste and Smell||Loss of Smell||£23,460 to £30,870|
|Impairment of Taste and Smell||Loss of Taste||£18,020 to £23,460|
If you have experienced a brain injury due to a third party’s negligence, then you might consider making a claim for compensation. If that is the case, then you might be wondering what factors play a role within the compensation settlement process and what you could potentially claim for.
If you have been injured due to the fault of another, then you could claim for:
General Damages –These may be awarded as compensation for the injuries sustained as the result of third-party negligence. General damages may also take into account the suffering of the person who was injured and the impact of those injuries on their life.
Special Damages – Injuries and in particular severe injuries, may result in such significant changes to a person’s life that they incur a number of monetary costs. These costs may include:
- Medical Expenses – You could be awarded compensation to account for medical expenses if you have had to personally pay for prescriptions, medicine, or alternative or additional treatments.
- Care Claim – If you require care around the house whilst you recover, or if your brain injury has hindered your ability to function normally, then you could claim for care costs.
- The Loss of Earnings – If you’ve experienced brain damage after a car accident, it could potentially affect your ability to earn a living. If that is the case, then you could have grounds to make a claim for the loss of potential earnings.
If you have been involved in a car accident that has resulted in a traumatic brain injury, then you might be wondering if you could make a claim for compensation. Here at Accident Claims UK, we understand that this experience could be traumatic and stressful, so our panel of solicitors could offer those with an eligible claim a no win no fee agreement.
In simple terms, an agreement of this nature outlines the payment side of the claim process, acting as a contractual agreement between the claimant and the solicitor. A no win no fee agreement states that the claimant pays a fee to their solicitor only if the claim has a successful outcome (i.e. compensation is awarded). The solicitor’s fee could be paid from the final settlement that may be awarded to the claimant. In the event the personal injury solicitor fails to attain a settlement after taking on a claim, the no win no fee agreement may mean that the claimant is not required to pay their solicitor’s costs.
If you or someone you know has suffered brain damage due to the negligence of a third-party and you or someone you know wishes to claim compensation, please contact a member of our team today.
If you or a loved one has experienced brain damage after a car crash due to third party negligence, then you could have grounds to make a claim for compensation. Severe car accidents have the potential to be life-altering with repercussions to your overall health and well-being. Although compensation cannot erase the suffering you have experienced, it could provide you with financial aid throughout the recovery process.
Here at Accident Claims UK, we understand that the claim process could be daunting, but we are here to help you to pursue the compensation you could be entitled too. We could connect those with an eligible claim to a personal injury solicitor. We work with distinguished solicitors who could provide those with an eligible claim with support, advice, and legal guidance throughout the process.
If you have been involved in a car accident that has resulted in a brain injury, then you could have grounds to make a claim for compensation.
If you wish to start a claim with a personal injury solicitor about your potential claim, then you could contact a member of our team on 0800 073 8801. Our phone lines are free to call, and our advisors are available 24 hours a day, 7 days a week. Our advisors are well equipped with legal knowledge, which means they are able to answer your questions and provide you with free legal advice of no obligation. Alternatively, you may enquire online, and a member of our team may be in touch.
Brain damage after a car accident- FAQs
Can you fully recover from a traumatic brain injury?
The level of recovery that you can expect from a head injury resulting in brain damage will depend on the severity of the injuries you have sustained. Following a severe head injury, there are different kinds of treatment that you may be offered to assist with your recovery, including physiotherapy, speech and language therapy and psychological therapy like CBT to help you cope if your mental wellbeing has been affected. Some people who suffer from brain injury develop mental health conditions like depression, anxiety and PTSD. If you feel like you’ve been affected you should contact your GP.
If you’ve suffered from a head injury that’s resulted in a depressed or severe skull fracture, then you may need surgery to rectify this. Skull fractures can take many months to heal, although you usually won’t be in pain after around 10 days.
What are the long term effects of post-concussion syndrome?
Post-concussion syndrome is where the symptoms of concussion can linger for longer than usually expected. You may experience dizziness, headaches, memory or concentration problems or problems with balance. If your symptoms persist after 3 months, you should contact your GP for treatment or referral to a specialist.
Can I drive with post-concussion syndrome?
If you’ve sustained a serious head injury, then you need to inform the DVLA and your car insurer. You’ll have to refrain from driving until your doctor has confirmed that you’ve made a full recovery and are safe to be on the road.
We hope that this online guide has been useful in providing factual and relevant information about brain damage compensation claims. Not only have we provided factual information about brain injury claims, but we have also provided some additional materials that we believe could be of use. You can find links to these materials below:
Car Accident Claims – Claiming for a car accident, including a car accident through work.
Head Injury Claims – Common causes
Taxi Accident Claims – Can I make a claim if I was injured inside a taxi?
HSE – Work-related road safety
NHS – First Aid
Thank you for reading our guide on claiming compensation for brain damage after a car accident.
Article by MB
Edited by PM