By Jo Anderson. Last Updated 29th January 2024. In this guide, we concussion compensation claims in detail. We look at example payouts, how you can claim, and explain why asking for the average settlement for concussion might be the wrong question to ask.
Plus, we explain claims for post-concussion syndrome compensation, and how this could affect a concussion settlement. As well as guiding you on the average settlement for post concussion syndrome, we provide details of concussion after effects and discuss who could claim compensation for post concussion syndrome.
A concussion is something that no one wants to experience. A blow to the head can result in symptoms ranging from memory loss and dizziness to headaches and mood swings. For most people, these symptoms will not be permanent, but there are cases whereby, as the result of an accident, the impact is long-term.
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- Can I Make A Concussion Compensation Claim?
- What Is The Time Limit For Concussion Claims?
- What Accidents Could Cause A Concussion?
- Evidence To Support A Concussion Claim
- Examples Of Concussion Compensation Payouts
- Claiming For A Concussion With A No Win No Fee Solicitor
- Learn More About Personal Injury Claims
Before we explore concussion claims in detail and answer questions such as ‘What is the average payout for a concussion in the UK?’, we should first explain that not everybody who suffers a head injury will have a valid claim.
To be eligible to make a personal injury claim for concussion compensation, you would need to be able to prove someone breached a duty of care towards you and it was this breach that caused your concussion.
Some relevant parties that owe you a duty of care include:
- Road users: All road users have a duty of care to one another. This means that they must navigate the roads in a way that prevents harm. To uphold this duty, they are expected to follow the Road Traffic Act 1988 and the Highway Code.
- Occupiers: Under the Occupiers’ Liability Act 1957, those in control of public spaces owe a duty of care to visitors using the space for its intended purpose. This means that they must take steps to ensure their reasonable safety.
- Employees: All employees have a duty of care towards their employees. As per the Health and Safety at Work etc. Act 1974, they should take all reasonably practicable steps to prevent you from suffering harm at work.
You may be able to make a concussion claim if you can prove that:
- You were owed a duty of care
- This duty was breached
- As a result, you suffered a concussion or head injury
If you’d like to learn more about making a claim for a head injury, we recommend getting in touch with our team of advisors. They can offer more information on the claims process, and may be able to connect you with one of our solicitors.
If you are eligible to claim compensation for a concussion caused by a relevant third party’s breach of their duty of care towards you, you will only have a limited period within which to file your claim.
Per the Limitation Act 1980, you would typically need to start your claim within three years of the date of the accident. However, this time limit could differ in certain circumstances.
In cases involving injured children the limitation period would pause until they reach 18. From this date, they will have until their 21st birthday to start a claim. Prior to this date, a litigation friend could make a claim on their behalf.
For those who lack the mental capacity to claim, the time limit is paused indefinitely, and a litigation friend could act on their behalf. Should the person regain this mental capacity and a claim has not been started for them, they will have three years to do so from the date of recovery.
To learn more about limitation periods for a concussion claim, please contact an advisor.
A concussion is typically caused by some kind of trauma to the head, which impacts the brain’s function. There are many accidents that could potentially result in a concussion injury. Examples could include:
- Slip and trip accidents – If you bang your head on a wall or the floor in a slip or trip accident, for example, this could result in a concussion.
- Falls from height – It is not uncommon for people to suffer a concussion injury due to a fall from height, such as a defective balcony.
- Falling objects – Should you work on a construction site, for example, and you’re not provided with a hard hat by your employer, a falling object could cause you to suffer a concussion.
- Road traffic accidents – Hitting your head on the steering wheel, windscreen, door jamb or dashboard could also cause trauma to your head. In addition, pedestrians, cyclists or motorcyclists could suffer concussion if they are hit by a car.
Not all of these incidents would automatically lead to a concussion compensation claim, however. You would need to prove that a relevant third party breached a duty of care towards you, causing your injury, in order to have a valid claim.
If you believe you may be eligible to make a claim for such an injury, and would like free advice, please contact an advisor.
If you are eligible to claim compensation for a concussion, you will need to support your case with evidence. Some examples of evidence you could gather to support your concussion compensation claim include:
- Medical evidence – this will need to state your injury and the treatment you needed for it, such as your medical records, for example.
- Video footage – for example, this could be CCTV footage of the accident you were injured in taking place.
- Witness contact details – anyone who witnessed your accident taking place may be able to provide a statement of events later on.
To discuss your concussion injury compensation claim, you can contact our advisors. Additionally, they may connect you with one of our No Win No Fee solicitors if it seems like you have a strong case.
You might be wondering, “What is the average payout for a concussion in the UK?”. Unfortunately, we can’t offer an average amount. This is because every claim is valued on a case-by-case basis, depending on the unique circumstances surrounding each case. However, we can offer more information into what your compensation could be made up of and how it is calculated.
If your concussion compensation claim is successful, you could receive general damages and special damages. All successful claimants will receive general damages, as these compensate you for the pain and suffering caused by your injuries.
Those calculating this head of claim may refer to the Judicial College Guidelines (JCG). This publication provides guideline award brackets for a variety of injuries at different levels of severity.
Below, you’ll see a table containing figures from the 16th edition of the JCG. However, this should only be used as guidance.
|Type of injury
|Several serious injuries with financial expenses and losses.
|A settlement for multiple serious injuries with associated financial costs such as care costs and home adaptations, for example.
|Up to £1,000,000+
|Very severe brain injury (a)
|The person may be able to follow some basic commands, but will require full-time nursing care and show little meaningful response to their environment.
|£282,010 to £403,990
|Moderately severe brain injury (b)
|The person is seriously disabled and with need constant professional care. Disabilities may be cognitive or physical.
|£219,070 to £282,010
|Moderate brain injury (c) (i)
|A moderate to severe intellectual deficit, with an effect on speech and sight and significant risk of epilepsy.
|£150,110 to £219,070
|Moderate brain injury (c) (ii)
|Moderate to modest intellectual deficit, with some risk of epilepsy and working ability greatly reduced.
|£90,720 to £150,110
|Moderate brain injury (c) (iii)
|Concentration and ability to work reduced, small risk of epilepsy, lower dependence on others.
|£43,060 to £90,720
|Less severe brain injury (d)
|A good recovery will have been made, with person participating in normal working and social life. There may still be issues with memory and concerntration.
|£15,320 to £43,060
Special damages compensate you for costs and losses sustained due to your injuries, which could include:
- Travel costs
- Medical expenses, such as prescription costs
- Care costs, like the cost of childcare or help with cooking and cleaning
- Loss of income
Evidence is required to prove any monetary losses, such as receipts, invoices, and payslips.
Contact our team of advisors today to learn more about making a concussion claim. Or, read on to find out how one of our solicitors could help you claim compensation.
Claiming compensation for a concussion can seem complex, and you might not know where to start. One of our solicitors could help you through the head injury claims process by offering a No Win No Fee arrangement known as a Conditional Fee Agreement (CFA).
Under a CFA, you get access to the services of a solicitor, but you don’t need to pay a fee for them to start working on your claim or to continue their services. Plus, if your claim doesn’t succeed, then your solicitor won’t take a fee for the work they’ve put into your case.
If your concussion claim does succeed, your solicitor will take a success fee. This fee is a small percentage of your compensation which is taken directly from your award. However, there is a legal cap in place to help make sure that you keep the larger share of what you are awarded.
To learn more about how one of our solicitors could help you or to start your claim today, get in touch with our team of helpful advisors. They can offer advice and guidance surrounding the claims process and may be able to connect you with one of our solicitors. To get in touch:
Below, we’ve included more resources on personal injury claims that you may find useful:
- NHS guide to concussions
- How much compensation can I claim for a head injury?
- NHS guide on when to go to A&E
- Claiming compensation following a car crash
- Making a claim for an accident at work
- Your safety in work- the Health and Safety at Work Act explained
- Advice on claiming compensation for gym injuries caused by negligence. Learn more with our guide.
Thank you for reading our guide about concussion compensation claims.