By Joanne Jeffries. Last Updated 1st December 2022. In this comprehensive guide, we are going to take a look at brain injury compensation claims. After taking the time to read our guide on how a brain injury solicitor could help with a claim for adult or child brain injury compensation, you will gain a greater understanding of the claims process. Plus, you’ll learn how a personal injury solicitor could be of service, and, more importantly, how brain injury compensation could be a suitable course of action after an accident that wasn’t your fault. We also talk about head injury compensation payouts, revealing why it might not be best to use the average settlement for a traumatic brain injury to work out your own injured brain compensation and whether a brain injury settlement calculator could be a better option.
Claiming Injury To Brain Compensation
A brain injury can be a debilitating injury that can have devastating effects on our lives and future. From minor injuries to severe brain damage, symptoms can greatly reduce our quality of life and our ability to live normal lives. For this reason, it is no surprise then that people who have had a brain injury as a result of an accident that was not their fault choose to pursue a brain injury claim against those who were responsible.
Although making a claim for compensation for a brain injury will not erase what happened, it can ease the financial strain and overall struggle to recover. We commonly get questions about brain injuries and making a claim, and they can include but are not limited to:
- What is the average traumatic brain compensation for workers?
- What happens when you have brain damage?
- Can a person recover from brain damage?
- Is there a single method for how to heal brain damage?
- What are the signs of brain damage?
- What are the types of brain damage?
How This Guide Could Help
For those looking for more information on making a brain injury claim, we have put together this helpful guide to the many different types of brain injury claims that can be made. This guide contains plenty of useful information, such as the personal injury claims time limit and details on the many different types of claims that can be made.
If you don’t find what you are looking for here, or you have any further questions about brain injury compensation, our legal team is ready and waiting to receive your call. Contact us today on 0800 073 8801, or you can use our online contact form to have us contact you at a time that suits you best.
Select A Section
- A Guide To Brain Injury Compensation Claims
- What Is A Brain Injury?
- Symptoms Of A Brain Injury
- What Are The Effects Of A Brain Injury?
- Possible Causes Of Brain Injuries
- Claim For A Workplace Brain Injury
- Claim For A Road Traffic Accident Brain Injury
- Claim For Brain Injuries Caused By Medical Negligence
- Claims For Childbirth Brain Injuries
- Claim For A Brain Injury Caused By A Fall From A Height
- Claim For Public Place Brain Injury Compensation
- Head Injury Compensation Payouts
- Special Damages In Brain Injury Compensation Claims
- No Win No Fee Compensation Claims For A Brain Injury
- How Our Team Could Help You Make A Brain Injury Compensation Claim
- Start A Brain Injury Compensation Claim
- Essential Resources
A Guide To Brain Injury Compensation Claims
A brain injury can significantly affect a person’s life, and even the least severe injuries can impair their ability to live everyday lives. A traumatic brain injury can be caused by a direct impact on the skull, such as a fall from a height, and a blood clot can cause non-traumatic injuries such as a stroke in the brain. Both types can cause many different symptoms. If you have developed a brain injury through an accident that was not your fault, you could have grounds to claim compensation.
Making a brain injury claim may be the furthest thing from your mind as you recover, but in time many people realise that claiming compensation after a brain injury is not just about receiving a pay-out. Compensation awards could improve your overall recovery from brain damage and help reduce financial strain as you do so.
This guide outlines the common possible causes of a brain injury and the many possible reasons why someone may wish to claim, as well as explaining the many factors that are all part of making a compensation claim. To help give an idea of the possible amounts awarded, we have included a non-traumatic and traumatic brain injury calculator below. These figures are only indicative. We advise that you contact us to give you accurate information relating to your individual situation if you have any further questions.
What Is A Brain Injury?
Brain damage is an injury to the brain that impairs its function, either temporarily or permanently. A brain injury is a damage caused to the brain, a traumatic injury or impact to the head from a fall or penetrating injury that pierces the skulls and causes direct damage to the brain. Damage can also be caused by a non-traumatic injury, such as a stroke, a tumour, loss of oxygen to the brain, etc. Each different cause can result in different symptoms and varying degrees of severity and complications. Even the most minor brain injuries can significantly affect a person’s life, which is why it no surprise that people may choose to make claims for a brain injury after an accident.
Here, you can see NHS figures for age groups affected by brain injuries across the course of a year.
Traumatic Brain Injury:
- Contusion, also known as bruising or bleeding on the brain, is caused by a jolt or blow to the head, such as a fall from a height.
- A concussion results from a blow to the head and can occur in either open or closed head injuries and is recognised in the way it impairs the brain’s normal functions.
- A penetrating injury is when the skull has been penetrated by an object like a knife, bullet, etc. and can also be referred to as an open injury.
- Closed head injury, similar to a contusion or concussion, where a blow to the head causes the damage, but in this case, the skull is not penetrated, and there is no open wound.
- Shaken baby syndrome is also known as abusive head trauma and can be caused by excessive head shaking. This can also occur in adults in accidents where the brain is violently shaken inside the skull, causing trauma.
Non-traumatic Brain Injuries:
- A brain infection can occur as a result of meningitis or other viral infection, causing different symptoms.
- Anoxic or hypoxic brain injuries are caused by a reduction, or complete loss of oxygen to the brain, causing different levels of damage and symptoms to arise.
- Blood clots can cause stroke in the brain that cut functions, blood supply and oxygen to parts of the brain.
- A tumour that is caused by cancer can result in several symptoms and complications.
Any of these scenarios could result in you successfully claiming compensation. Please get in touch with us for further information.
Symptoms Of A Brain Injury
The brain has many different sections, each of which is responsible for different functions within the body. Depending on which part is damaged and how severe the damage is, there will be different symptoms. That is why making a comprehensive list of the many possible brain damage symptoms is difficult, as they can vary so much.
More serious brain injuries might result in permanent brain damage symptoms, such as loss of speech, paralysis of part of the body, loss of sight, etc. There are also different possible symptoms from brain damage caused by drugs, such as personality change, decreased function of parts of the brain, etc. Some symptoms are similar between the many different causes and severities, and they can include but are not limited to:
- Vomiting
- Headache
- Clear fluid flowing from the nose
- Seizures
- Loss of sensory function such as hearing loss, double vision or loss of sight
- Loss of the ability to speak clearly or at all
- Amnesia
- Loss of consciousness, even for a short period of time
Injuries Can Vary
As mentioned, the symptoms can vary greatly depending on the severity and which part of the brain has been injured. For example, frontal lobe damage could result in loss of speech, damage to the parietal lobe could result in loss of sensation or touch, damage to the occipital lobe could result in the loss of sight, temporal lobe damage could result in amnesia, etc.
If your injury and resulting symptoms were caused by an accident that was not your fault, a valid claim for brain injury compensation could be made. If your injury or symptoms are not mentioned here, it does not necessarily mean that you cannot make a claim. Contact us today and talk to us about your situation to find out if you have grounds to make a claim.
What Are The Effects Of A Brain Injury?
Even the most minor brain injury can impact a person’s life, with mild brain damage such as concussions taking up to two weeks to fade, causing impairment of function in the brain, pain, dizziness, etc. A head injury causing moderate to severe brain damage can result in a wide-ranging myriad of complications, such as paralysis, loss of some or all of the senses, being in a coma, loss of brain function, amnesia, etc. In babies, defects during pregnancy or injury to the brain during a traumatic birth can result in Cerebral Palsy, resulting in life-long issues and symptoms for the baby.
A range of injury severities
The impact this can have on a person’s life can range from mild to catastrophic, as even the treatment for brain damage can significantly disrupt a person’s life. In some cases, recovery chances from brain damage can be quite low, and a person’s quality of life can be greatly reduced. It is because of the devastating impact it can have on your life that you may feel compelled to seek brain injury compensation for a brain injury you sustained due to the negligent actions of another. Our team is ready and waiting to answer any questions you may have about making a brain injury claim for compensation that could help to reduce the hardship felt after a brain injury.
Possible Causes Of Brain Injuries
As outlined above, there are two different types of brain injury, traumatic and non-traumatic. These two types can be caused in many different ways, most of which have the potential to lead to brain damage:
Non-traumatic injury causes can include but are not limited to:
- Being exposed to poisonous or hazardous substances
- Overdosing on drugs
- Drowning
- Choking
- Brain infections
- Stroke
- Cancer
Traumatic brain injury causes can include but are not limited to:
- Being punched
- Hitting your head in a car accident
- Being shaken violently
- Being shot or stabbed in the head
- Falling and hitting your head on a solid object or surface
Many of these causes can be a valid reason to make a brain injury claim if they caused your injury and happened because of another person. It is possible to claim injury compensation for many causes and accidents resulting from negligent actions. Examples include accidents in the workplace, negligent medical professional care leading to undue harm, a road traffic accident, a fall in a public place or even brain damage from a difficult birth.
Claim For A Workplace Brain Injury
Your employer is legally obliged to ensure that the workplace is free of dangerous hazards and is safe to occupy. They must ensure they follow health and safety regulations, such as providing correct training and safety equipment for employees. If you have suffered a workplace injury in an accident at work due to your employer’s negligence, they could be liable to compensate you for the unnecessary harm that you have been caused.
If there is proof that your brain damage was caused by an accident at work that was not your fault, a personal injury solicitor from our panel could help you claim compensation. Many steps need to be taken when claiming against your employer, and our team could advise where to begin if you contact us today.
Claim For A Road Traffic Accident Brain Injury
It is possible to claim compensation for a brain injury from a road traffic accident if evidence proves that it was not your fault. You could claim for your brain injury if you were involved in a road traffic accident as a driver, a pedestrian, a cyclist, a motorcyclist, or any other type of road user.
If you have been involved in an accident on the road that was not your fault but resulted in brain damage, our solicitors could help you claim compensation that could make all the difference to your recovery and quality of life following your injuries. We recommend you contact us for more information on making a brain injury compensation claim against another road user.
Claim For Brain Injuries Caused By Medical Negligence
Medical negligence occurs when a medical professional fails in their duty of care to a patient, causing them to become injured, making their condition worse, or causing other complications. Medical negligence can result in many issues for the patient. If there is proof of their negligence causing harm to a patient, that patient could claim against them, the hospital or authority for compensation.
If you have been in the care of a medical professional who was negligent and caused you a brain injury, for example, avoidable errors made during surgery, then you could have grounds to make a compensation claim. Depending on whether your treatment was through the NHS or from a private medical facility, as long as you can prove that you were injured due to their breach of duty of care, you could be eligible to claim medical negligence. Contact us today to find out more detailed information on claiming medical negligence.
Claims For Childbirth Brain Injuries
Making a claim for compensation for a brain injury at birth follows the same claims process as claims for medical negligence, in so far as many cases of brain damage during childbirth are the result of the negligence of the team that was handling the birth of the child.
Brain damage from lack of oxygen is a common cause of brain injury at birth, as well as direct trauma to the head, which can sometimes cause Cerebral Palsy. Some many different possible injuries and complications can stem from a brain injury at birth. If it can be proved that it was caused by a preventable accident or medical negligence, there could be a valid reason to make a brain injury compensation claim.
Claim For A Brain Injury Caused By A Fall From A Height
A brain injury can be caused by a fall from a height, and if the fall was caused by an accident that was not your fault, then you could be eligible to make a claim. Falls can happen in work, in a public place, etc. and depending on where they happened and who they are caused by then liability can vary. If you have been involved in a fall from a height that caused your brain injury, but you are not sure who is at fault, you could contact us today, and we could help you determine who is liable, and if you have valid grounds to make a claim.
Claim For Public Place Brain Injury Compensation
Those responsible for spaces that are open to the public, like supermarkets, public walkways, playgrounds, restaurants, etc., all have a legal obligation to ensure that these spaces are free from hazards that may cause injury to the public. If you have had an accident in a public place that caused a brain injury, but wasn’t your fault, then it may be possible for you to make a claim. These claims can vary greatly according to where they happen, and liability can vary accordingly, but our solicitors could advise you and guide you through the process. So, if you have been a victim of a brain injury resulting from an accident in a public place, please do not hesitate to contact us.
Head Injury Compensation Payouts
If you’re trying to find out the average compensation for a head injury, or want to know more about the average settlement for a traumatic brain injury (TBI), this section talks you through brain and injury compensation payouts.
Whether it’s adult or child brain injury compensation that is being sought, each claim would be assessed in accordance with its own unique facts. This means that legal professionals would assess the severity of the injury, and its impact on the victim in both the long and short term. They’d assess not only the physical impact, but the psychological and financial impact too.
There are two different types of damages that could be awarded for a successful personal injury claims known as general damages and special damages. General damages are designed to compensate claimants for the pain and suffering as well as the impact of the head or brain injury on their quality of life.
As an alternative to a brain injury settlement calculator, we have included the table below. The figures in this table come from the Judicial College Guidelines. This is a publication that legal professionals assessing cases in England and Wales could use to help them calculate the value of the general damages portion of claims.
However, it is only a very rough guide. If you’d like to speak to us about your own case, we’d be happy to offer you some guidance over the phone.
| Injury | Severity | Amount |
|---|---|---|
| Tetraplegia (also known as Quadriplegia) | Severe | £324,600 to £403,990 |
| Paraplegia | Severe | £219,070 to £284,260 |
| Brain Damage | Very Severe | £282,010 to £403,990 |
| Brain Damage | Moderately Severe | £219,070 to £282,010 |
| Brain Damage | Less Severe | £15,320 to £43,060 |
| Total blindness and deafness | With the most devastating injuries | In the region of £403,990 |
| Total blindness | – | In the region of £268,720 |
| Total deafness | With loss of speech | £109,650 to £140,660 |
| Total deafness | – | £90,750 to £109,650 |
Special Damages In Brain Injury Compensation Claims
A brain injury claim will primarily centre on the injury itself, the severity and its impact on a person’s life. However, brain injury compensation claims can include claims for other damages that occur following your brain injury. Not all of these may end up being a part of your claim, but they include:
- Special damages directly related to your injury include future complications, like loss of earnings because you cannot work or take time off work.
- Travel expenses you accrue following your injury that was needed to make medical or legal appointments related to your injury and claim.
- Medical costs you incurred while recovering, such as treatments, prescription bills, etc.
- Home care costs could also be claimed when a person requires at home help or care to function and carry out everyday tasks.
No Win No Fee Compensation Claims For A Brain Injury
If you consider making a personal injury claim for brain injury compensation, our solicitors could help guide you through the claims process’s complexities. Our solicitors all operate on a No Win No Fee basis, and we do not charge any up-front costs for legal representation. No Win No Fee means that if your case is not successful, you will not have to pay for the legal fees of the solicitor who handles your case.
If your case is won, your solicitor’s legal fees and any other related costs will be deducted from the overall compensation amount awarded. Any fees and costs will be discussed and agreed upon with your solicitor before making a claim. It is worth noting that a solicitor’s legal fees are capped at 25% of the overall amount awarded.
How Our Team Could Help You Make A Brain Injury Compensation Claim
A personal injury lawyer from Accident Claims could help guide you through what can, at times, be a very complex process. They will help gather vital evidence and information and help you understand complicated aspects of claiming, such as the personal injury claims time limit that does sometimes vary according to the circumstances of each case.
Our solicitors and legal team are committed to getting you the maximum possible compensation award for your injury, which could make all the difference to your recovery and overall quality of life. We have extensive experience in handling cases of personal injury claims for a brain injury, and we could help you through what would otherwise have been a complicated journey.
Start A Brain Injury Compensation Claim
If you are considering making a brain injury claim, but are unsure where to start, contact our friendly, compassionate legal team today, and we can set you on the right path. Our advisors will listen to your circumstances and help you decide if you would like to make a claim. Contact us today on 0800 073 8801, or you can fill out our handy online contact form to arrange a time to have us call you back.
Essential Resources
Car Accident Claims – See our online guide to claiming injuries caused in a car accident.
Accident At Work Claims – this is our online guide to claiming an accident at work that was not our fault.
Slip, Trip Or Fall Claims – This guide shows the process of claiming a slip, trip or fall in a public place.
Medical References
Diagnosis Of A Severe Head Injury – This NHS article outlines the process of diagnosing a severe head injury.
Cerebral Palsy – See this NHS guide for further information on cerebral palsy.
Traumatic Brain Injury – See this patient leaflet from the NHS that gives further information on traumatic brain injuries.
Find out if you can sue a company that has ceased trading with our helpful guide.
Brain Injury Claim FAQs
How much brain injury compensation would I receive?
There is no specific set compensation amount for a brain injury claim. Your case would be assessed according to its specific facts and circumstances. You would need to obtain an independent medical report to prove the severity and extent of your brain injury as part of your claim.
You would go to see an independent medical professional who would assess this by examining you, talking to you about your injury, and reviewing any relevant medical notes and scans. They could also order further tests to accurately get a picture of your injury. Once this assessment is complete, the medical professional would complete a report, which could be used to evidence your injuries. Courts and specialist solicitors could then use this to hone in on an appropriate level of compensation for you. If you’d like to talk about this in further detail, we’d be happy to talk to you.
Could I claim brain injury compensation for a child that has been injured?
You could make a claim for a childhood brain injury. Whether your child suffered a brain injury in a road traffic accident, an accident at school, during birth or any other incident that someone could be held liable for, a parent could claim for them. A child is not deemed to have the capacity to claim for themselves until they are 18 years old. Therefore, the parent or responsible party would need to apply to be a litigation friend for them if you didn’t want to wait for the child to turn 18. We would be happy to furnish you with further information about claiming for a brain injury on behalf of a child. Our specialist solicitors, authorised and regulated by the Solicitors Regulation Authority could work on a claim on a no win no fee basis. Please contact us for free legal advice and guidance.
What are the most common brain injuries?
- Stroke
- Encephalitis
- Brain tumour
- Brain haemorrhage
- Brain aneurysm
- Mild head injury
- Concussion
What are the two types of brain injuries?
Most commonly. There are two types of brain injury, which includes traumatic brain injury and acquired brain injury. In both cases, they disrupt the brains normal functions and are often caused by an external force to the head.
Can I claim on behalf of someone that has had a brain injury?
Under the Mental Capacity Act 2005, you could have grounds to claim on behalf of someone who lacks the mental capacity to handle their own case. Here at Accident Claims, our team is well-versed in cases of this nature, so why not contact our team to access free legal advice.
Must I begin a claim within a certain timeframe?
To make a successful compensation claim, you must begin your claim within 3-years from the date of the accident. Failing to do so would ultimately compromise the eligibility of your claim.
How long does a brain injury claim take?
Head injury claims could take up to three years before a settlement is agreeable to all parties.
Can I get disability for a traumatic brain injury (TBI)?
Yes, the victim should receive disability benefits due to them having struggles with functioning on a daily basis.
Does TBI get worse over time?
In many cases, TBI does worsen over an extensive period of time for the victim, causing greater pain and suffering.
Is TBI permanent?
TBI could become permanent, though not in all cases, depending on the severity of the injury.
Thank you for taking the time to read our guide on brain injury compensation claims.