By Jo Anderson. Last Updated 10th January 2024. Welcome to our guide on claiming compensation for brain damage after a car accident. Below, we explain how brain injuries from car accidents occur. We also talk about the symptoms of brain injury caused by a car accident and calculating compensation for brain injuries caused by car accidents.
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 caused by a negligent party, this online guide could prove useful.
I have questions about brain injuries from car accidents – what do I do?
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 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
- Can I Claim Compensation For Brain Damage After A Car Accident
- What Is Brain Damage After A Car Accident?
- Brain Injury Statistics
- Causes Of Car Accidents
- 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
- Claiming For Brain Damage After A Car Accident With A No Win No Fee Solicitor
- Essential References
Can I Claim Compensation For Brain Damage After A Car Accident
If you have suffered brain damage after a car accident, you may be able to make a claim for compensation. However, your case must meet the personal injury claiming criteria, which is:
- Someone owed you a duty of care.
- This person breached their duty of care.
- Due to this breach, you suffered an injury.
All road users owe a duty of care to each other. They must use the roads in a way that doesn’t cause harm to themselves or others. They must also adhere to the Road Traffic Act 1988, in addition to following the rules and guidance of the Highway Code.
If another road user breached this duty of care towards you, and this caused you to suffer a brain injury in a road traffic accident, you may be eligible to make a personal injury claim.
To see whether you could be eligible to make a claim for compensation for brain damage, you can contact a member of our advisory team.
What Is Brain Damage After A Car Accident?
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 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 severity.
Symptoms Of Brain Injury After A Car Accident
Common signs of brain damage after a car accident might include:
- Concussion
- Nausea
- Dizziness
- Depression
- Difficulty concentrating
- Fatigue
- 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 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.
Brain Injury Statistics
This section provides car accident head injury statistics. And this information is useful when claiming brain damage after a car accident and recognising symptoms of a brain injury after car accident.
It was reported by headway.org.uk that there were 348,453 admissions to hospitals about 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.
Causes Of Car Accidents
There are various reasons people could be killed or seriously injured in road traffic accidents. According to the Department for Transport figures for 2020, which are only provisional, 115,584 road users were injured on UK roads during this.. The people affected included motorists, cyclists, bus occupants and other road users as you can see from the table below.
There are many different factors that could contribute to car accidents. Third parties could cause road accidents due to:
- Driving under the influence – this could be due to drugs or alcohol, for example
- Aggressive driving techniques, such as weaving in and out of traffic and driving too close to other vehicles
- Driving over the speed limit, leading to them not having enough time to stop or manoeuvre properly
- Failing to drive in accordance with the Highway Code
- Driving recklessly
- Problems with vehicles, including faults or malfunctions
- Rear end shunts
- Failing to stop at traffic lights
- Accidents learn manoeuvring around roundabouts
- Using a mobile phone while driving
- Failing to spot motorcyclists, cyclists or pedestrians
These are just a few examples of the types of accidents that could cause brain injuries. As long as you could prove that someone else was at fault for the road traffic accident you or someone you loved suffered brain injuries in, you could explore your options for claiming compensation.
Steps To Take If You Suffered 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 compensation claim. To make a claim for brain injuries caused by car accidents, 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
Acting As A Litigation Friend
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 behalf of either:
- A child
- An adult who is mentally unable to manage their own case (those who suffer brain injuries caused by car accidents, for example)
How do I help someone with brain injuries from car accidents?
To be appointed as a litigation friend, you may have to either apply for the position or be appointed by the court. If 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 team member and discuss litigation friends and their role in a compensation claim at greater length. We could tell you if you could help someone claim for brain injuries caused by car accidents.
Brain Damage After A Car Accident Compensation Calculator
When claiming brain damage after a car accident, there is some key information that needs to be outlined. Firstly, all compensation claims 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.
Calculating Brain Injuries From Car Accidents
To illustrate the compensation that could be awarded for brain injuries caused by car accidents, 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 outline possible settlement amounts more accurately.
| Injury | Severity | Awarded Amount | Injury Description |
|---|---|---|---|
| Multiple serious injuries combined with financial losses. | Serious | Up to £1,000,000+ | Multiple serious injuries which cause serious pain and suffering as well as financial losses, such as loss of income. |
| Brain Damage | Very Severe | £282,010 to £403,990 | An injury of this severity will result in a very short life expectancy, physical restriction, sensory impairment, and unable to communicate whatsoever. |
| Brain Damage | Moderately Severe | £219,070 to £282,010 | 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 | Moderate (i) | £43,060 to £219,070 | 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 | Moderate (ii) | £90,720 to £150,110 | A moderate to modest intellectual deficit, some risk of epilepsy and working ability is greatly reduced. |
| Brain Damage | Moderate (iii) | £43,060 to £90,720 | Memory and concentration have been affected. There is also a small risk of epilepsy with working ability reduced. |
| Brain Damage | Less Severe | £15,320 to £43,060 | A good recovery would have been made with some deficits continuing. |
| Brain Damage | Minor | £2,210 to £12,770 | Any brain damage will have been minimal. Various factors will also affect how much is awarded, such as the severity of the initial injury and the extent of any continuing symptoms. |
Special Damages Awarded For Brain Injuries From Car Accidents
If you have experienced brain injuries caused by car accidents due to a third party’s negligence, then you might consider claiming 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.
Claiming for Brain Injuries From Car Accidents
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 due to third-party negligence. General damages may also consider 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 several 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 claim the loss of potential earnings.
Claiming For Brain Damage After A Car Accident With A No Win No Fee Solicitor
If you are eligible to make a personal injury claim for brain damage caused by a car accident, you may wish to get a solicitor to help you. A solicitor could help gather evidence and could negotiate compensation on your behalf. One of our solicitors may offer to handle your claim under a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA).
When making a claim with a No Win No Fee solicitor under this type of agreement, you would not have to pay them any upfront or ongoing service fees. Furthermore, should your claim fail, you will not need to pay your solicitor for the work they have provided on your case.
If your claim is successful, your solicitor will take a legally capped success fee from your compensation payout.
To see if one of our solicitors could help you with your claim for brain damage from a car accident, you can contact our advisors. They can be reached by:
- Calling 0800 073 8801
- Using the live chat feature.
- Contacting us online.
Essential References relating to brain injuries from car accidents
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
DVLA- Driving with a medical condition
Thank you for reading our guide on claiming compensation for brain damage after a car accident.