Even a mild brain injury can leave devastating impacts on the lives it affects. Both the sufferer and their families may need to radically reassess the way they live to cope with the consequences. The aftercare and rehabilitation costs of dealing with a serious brain injury can be too much for most people to meet, and this is when brain injury claims for personal injury compensation can help.
This guide offers information to help you or a loved one deal with the aftermath of a brain injury caused by others, whatever the severity. We will explore how compensation can be granted to deal with the physical, emotional and financial impacts of brain injury. As well as explaining how much-needed funds can sometimes be accessed urgently.
Typical accidents involving brain injury are looked at, as well as the injuries they can cause. Head and brain injuries can vary enormously, so we detail how they are determined by severity. You will need evidence to support a brain injury claim, whether seeking compensation for yourself or on behalf of a loved one, so we list what can help. Lastly, we detail the many benefits of working with our solicitors under a type of No Win No Fee agreement to start a claim for yourself or a loved one.
This guide covers a wide range of information, so please call to discuss any points you may have while reading. You can also speak to our advisors for free guidance on the eligibility of your case or for getting a claim started on behalf of an injured party:
- Ring the team on 0800 073 8801
- Start a claim online.
- Ask the chat feature in the corner of this screen a question about brain injury claims.
Frequently Asked Questions
- Who Is Eligible To Make Brain Injury Claims?
- How Much Brain Injury Compensation Could Be Granted?
- Can Compensation Help With The Costs Of Care?
- Can Compensation Be Awarded Before The Case Is Settled?
- What Accidents Can Lead To A Brain Injury?
- Medical Negligence Brain Injury Claims
- The Most Common Brain Injuries Claimed For
- What Determines The Severity Of A Brain Injury?
- How Are Brain Injury Claims Made?
- What Accident Claims Can Do For You
- Learn More
Who Is Eligible To Make Brain Injury Claims?
You could be eligible to start a personal injury claim if you meet three criteria. A valid claim rests upon showing that a third party breached their duty of care to consider your health and safety. A duty of care means that a liable party is reasonably responsible for ensuring another’s safety. Different pieces of legislation exist in various areas of everyday life to ensure someone’s safety, and we will look at them in detail below. For now, a claim can be eligible if:
- A duty of care was owed to you at the moment of harm.
- The person responsible breached their duty of care.
- You suffered injury as a direct consequence of this.
You need to meet all three criteria to move forward with a compensation claim. If you’d like to check your eligibility right now in person, please contact our advisors for free, no-obligation guidance about brain injury claims.
Claiming For A Loved One That Has Suffered A Brain Injury
Sadly, brain injuries can leave the person unable to manage their own affairs. After a life-altering brain injury has impacted a loved one, you would need to start a claim for compensation for them. This role is called a litigation friend, and typically, a member of the family assumes the tasks and duties of the personal injury claim for the person.
A litigation friend may also oversee the stewardship of any funds that are awarded in conjunction with the Court Funds Office and use available money for essential treatments and needs for the injured person. If you wish to know more about making a brain injury claim for a loved one, please call our team of friendly advisors on the contact options below.
How Much Brain Injury Compensation Could Be Awarded?
The example table below is made up of compensation guideline figures taken from the Judicial College Guidelines (JCG). A successful claim is awarded general damages and this publication helps those involved calculate that figure. General damages apply an amount for the following:
- The level of suffering and pain endured.
- The severity of the injury and the complexity of recovery.
- The psychological impact of the brain injury.
- The loss of amenity. This means damage to any pleasure or activity the person was able to enjoy before the injury (such as being left permanently disabled).
Compensation amounts always differ from case to case, but these figures are derived from past cases in England and Wales. Please note, the first line is not lifted from the Judicial College Guidelines:
Compensation Guidelines
| INJURY | SEVERITY | COMPENSATION GUIDELINES |
|---|---|---|
| Multiple severe injuries and Special Damages for care cost, medical treatments and lost earnings. | Severe | Up to £10 million plus. |
| Tetraplegia | (a) Also called Quadriplegia | £396,140 going up to £493,000 |
| Brain damage | (a) Very Severe | £344,150 going up to £493,000 |
| (b) Moderately Severe | £267,340 going up to £344,150 | |
| (c) Moderate (i) | £183,190 going up to £267,370 | |
| (c) Moderate (ii) | £110,720 going up to £183,190 | |
| (c) Moderate (iii) | £52,550 going up to £110,720 | |
| (d) Less Severe | £18,700 going up to £52,550 | |
| (e) Minor | £2,690 going up to £15,580 | |
| Epilepsy | (a) Established Grand Mal | £124,470 going up to £183,190 |
Because the amounts are purely guidelines, it’s a good idea to get a more precise idea of what you or a loved one could be owed. Talk to us about brain injury claims now.
Can Compensation Help With The Cost Of Care?
The second part of personal injury compensation is often special damages. Under this head of loss, the person can claim for the financial harm caused by the brain injury. Evidence will be called for and it can include the following:
Cost Of Care
Your loved one might need 24/7 professional support care after a brain injury. This can be extremely expensive and is often out of reach for most families. Also, family members often need to assume the care responsibility, and this could impact their ability to earn a living as normal. If you have estimates and invoices that detail the cost of the professional care, or proof of time given by loved ones, these can be included in the claim.
Rehabilitation
In a similar way, rehabilitation costs can be incurred for months or even years after a serious brain injury as the person rebuilds their life. Others may need to meet regularly with you or the loved one to keep limbs mobile and assist mobility. Invoices or spreadsheets detailing the current and predicted rehabilitation costs can be submitted as part of the claim.
Home Adaptations Or Moving Home
A serious brain injury can mean the person needs support with basic bodily functions. A family may need to convert an entire room to meet the needs of the injured loved one. This may not be viable in their current home, and as such, the family might need to move into a larger or more suitable property. The cost of adapting or moving home can therefore be included in head injury compensation claims to reflect this.
Loss Of Earnings
The brain injury may impact the person permanently and make returning to work unlikely. In cases such as this, a solicitor can calculate an amount for loss of earnings by taking the person’s average salary and dividing it by the remaining years they had left to work. Self-employed claimants may use tax returns and other evidence to guide this calculation.
To reach a figure for hourly workers, solicitors use payslips to calculate an average of earnings over a 3-month period prior to the injury. In addition, the Ogden Tables might be used to simplify the calculation process. These are a tool that takes into account factors such as age and life expectancy when working out compensation.
Medical Care
In addition to the professional care and support from family, the brain-injured person might need specialist equipment. These can be mobility aids, communication devices, and assistive technology, all of which can be very expensive. In severe cases, the person may require a ventilator to provide respiratory support. This proof of purchase, as well as prescription medication costs and invoices for private medical treatments is all evidence.
Our skilled solicitors know exactly how to use evidence like this to calculate an accurate compensation value. Personal injury claims for you or a loved one need to be submitted only once. Therefore, it’s vital that the compensation you request fully reflects losses and expenses experienced now and in the future. Call to get a clearer idea of what special damages might apply in your claim.
Can Compensation Be Awarded Before The Case Is Settled?
Parts of the compensation, called interim payments, are sometimes awarded if the claim looks certain to settle in your favour. Each reasonable request for emergency funds is considered individually by the courts. This can be a useful way to access the much-needed money to deal with rehabilitation and private care after a severe brain injury. Any amounts paid are then deducted from the final compensation award.
What Accidents Can Lead To A Brain Injury?
There is a wide range of accidents that can lead to a brain injury, ranging from a mild bump on the head to a life-altering traumatic brain injury (TBI). We look at some typical areas of injury and give an example:
Road Traffic Accidents
Road users need to demonstrate a duty of care to prevent causing injury or damage to themselves and others. To meet this duty fully, they need to follow the Road Traffic Act 1988 and the Highway Code rules.
Example – A speeding motorist failed to stop at a zebra crossing in time and hit a pedestrian, causing them serious brain injury in the collision.
Accidents At Work
The duty of care owed by employers to their staff is detailed in the Health and Safety at Work etc Act 1974 (HASAWA). It requires them to take reasonable and practicable actions to ensure employee safety:
Example – An employer failed to check that scaffolding equipment was safe or erected properly, and this caused a worker to fall and sustain brain damage.
Accidents In A Public Place
Those in charge of areas accessible to the public also have a duty of care. Under the Occupiers’ Liability Act 1957, they must take reasonable care to implement steps that keep the public safe from harm.
Example – The owners of a pub failed to clearly indicate a low ceiling beam on their premises, and a customer suffered a head injury after colliding with it.
Criminal Injuries
A brain injury can be the result of an assault. A body called the Criminal Injuries Compensation Authority (CICA) can award compensation to victims of violent crime in England, Scotland or Wales or after a terror attack abroad. They work from their own case-by-case criteria, and awards are made in compliance with a set tariff. Assault claim compensation can be awarded without an arrest or conviction.
Example – A person is accosted on the street and suffers a head injury in the attack.
Our team or advisors are happy to assist you with any questions about the duty of care or any aspect of brain injury claims. Simply call, email, or ask a question in the chat window to get started.
Medical Negligence Brain Injury Claims
Brain injuries can also occur in medical settings for a variety of reasons, such as a diagnosis delay. However, in order to have good grounds to seek medical negligence compensation, you (or your loved one) must satisfy specific eligibility criteria:
- You (or your loved one) were owed a duty of care. When you seek medical attention, the medical professionals providing the care must ensure that this treatment and care meet the standard expected. This is the duty of care that all medical professionals, regardless of their rank or experience, owe to their patients.
- There was a breach in this duty. For example, giving a patient too high a dose of medication despite clear instructions on the appropriate dosage.
- Due to this breach, unnecessary harm occurred. In this case, a brain injury or more severe brain damage occurred that would not have happened had the correct standard of care been provided.
We look at some examples of how brain injuries can occur in a variety of settings in the next section.
The Most Common Brain Injuries Claimed For
There is a wide range of acquired brain injuries (ABI) that often form the basis of a claim. Some common examples include the following:
- Traumatic brain injuries (TBI) – This can involve concussion, skull fractures or tissue damage after impact with a blunt force (in a road traffic accident, for instance).
- Workplace claims for severe brain damage after a fall from a height on a building site.
- Medical negligence claims for misdiagnosis of stroke signs or delayed diagnosis of other brain issues.
- Claims for oxygen deprivation during or after birth.
- Criminal assault claims.
- Claims for brain injuries acquired during sports such as rugby or horse riding.
- Military accidents.
- Public place accidents, such as being hit by a falling object while walking on the pavement. For example, walking next to scaffolding that has not been safely erected and a piece of it comes loose, hitting a pedestrian in the head and causing severe brain damage.
Not every brain injury is grounds for a compensation claim. To have an eligible case, you need to show that the injury occurred because the correct standards of duty of care were not in place. Speak to our advisors now if you want free guidance on brain injury claims and whether your accident qualifies.
What Determines The Severity Of A Brain Injury?
One immediate factor used to determine the severity of a brain injury is checking for Post-Traumatic Amnesia (PTA). After a brain injury, a person can experience disorientation, confusion and often a period of lost consciousness. The duration of PTA is an important way to determine how badly injured they are, as follows:
- Mild – If the person loses consciousness for less than 15 minutes with the post-traumatic amnesia lasting less than an hour.
- Moderate – Where lost consciousness lasts for 15 minutes to 6 hours and PTA is 1 hour to 24 hours.
- Severe – Lost consciousness lasting for 6 – 48 hours and PTA lasting for 24 hours – 7 days.
- Very severe – Where the person is unconscious for more than 48 hours and PTA lasts for more than 7 days.
This criterion is used as an instant guide, but other factors also determine the severity of brain injury, such as blood loss and the extent of surrounding soft tissue damage. It’s essential that medical care is sought after even a minor head injury, as conditions in the brain can worsen both quickly or slowly over prolonged periods.
How Are Brain Injury Claims Made?
Brain injury claims are made with the help of evidence that shows how others failed to safeguard your or your loved one’s safety. And that, as a consequence, you (or your loved one) suffered a brain injury. To emphasise this, you can gather the following:
- Duplicates of medical records detailing the extent and severity of the brain injury.
- Reports from any surgeons or specialists.
- Proof that your earnings suffered (or will in the future).
- Statements that show related outgoings for care or essential equipment.
- The estimates and invoices for modifications carried out to your home or vehicle after the brain injury.
- Paperwork showing relocation costs if you needed to move home.
- Bills and proof of private medical care costs, as well as the cost of essential medical equipment.
Evidence like this can strengthen head injury claims and result in a much more detailed assessment of compensation owed. See if our solicitors can calculate more for you and get in touch.
What Is The Time Limit To Claim For A Brain Injury?
There is a 3-year time limit in which to start personal injury claims as laid out by the Limitation Act 1980. Normally, this begins from the date of injury. Two categories of claimants are not subject to this standard limitation:
- Minors are not allowed to claim themselves until they are 18. They are given 3 years to start a claim from this date.
- Time limits are subject to a freeze for those lacking mental capacity. They are allowed 3 years to claim themselves from any point at which their mental capacity returns. This lack of capacity could be due to a pre-existing condition or the brain injury itself.
- As stated above, both groups may have a claim commence immediately if a litigation friend acts for them. However, any future claims for this injury would then be precluded.
We can chat about time limits and litigation friends if you get in touch. Or if you have any other questions about brain injury claims, reach out.
What Accident Claims Can Do For You
Our solicitors have secured over £80 million in compensation for their clients. They can provide an array of excellent legal services to help you throughout the entire brain injury claims process. Whether it’s a claim for yourself or a loved one, their expertise can remove the stress and allow you to concentrate on recovery or care.
Our solicitors provide their services for eligible claimants with a type of No Win No Fee contract. By using a Conditional Fee Agreement (CFA) to fund their legal representation, the claimant enjoys the following advantages:
- No immediate solicitor’s fees for work on the claim to commence.
- No solicitor’s fees as the claim moves forward.
- Nothing to pay solicitors for completed work if the claim doesn’t win.
A positive claim outcome requires payment of a small percentage of the compensation to the solicitors, which is known as a ‘success fee’. Importantly, the success fee is subject to a legal limit which allows the claimant to receive almost all of their compensation.
Interested in seeing if our brain injury lawyers could help you claim compensation this way? It takes just a moment to connect and see how our experts calculate brain injury claims.
Contact Us
- Ring the team on 0800 073 8801 to discuss a brain injury compensation claim for you or a loved one.
- Start a claim online.
- Ask the chat feature a question about brain injury claims.
Learn More
As well as this guide on brain injury claims, there is more to read here:
- This guide looks at how a child brain injury lawyer could help you.
- Also, read a case study about a £37 million pay out for a birth brain injury.
- You can learn more about road traffic accident claims for serious brain injury by reading this case study.
External help:
- Here is information from the NHS about traumatic brain injury (TBI).
- This resource from the Health and Safety Executive (HSE) details procedures for certain serious injuries in the workplace, including loss of consciousness.
- Lastly, GOV.UK guidance on driving after brain injury.
In closing, thanks for your interest in our guide on brain injury claims. The team is standing by to help answer any concerns or questions you have about working with brain injury solicitors.
