Serious Brain Injury Claims – How To Claim Compensation

This guide offers an in-depth look at serious brain injury claims. We will firstly explain the criteria a personal injury claim must meet to be eligible, including the time limit for starting legal proceedings.

There are different third parties who owe you a duty of care, such as when you are using the road, working or visiting a public space. You could be hurt in an accident if they fail to uphold their duty. As well as showing examples of when a breach could result in serious brain injuries, we will outline the compensation that can be awarded to address the impact an injury has had after a successful claim.

Finally, the guide presents the benefits of getting No Win No Fee legal representation from our solicitors. Our advisors can also tell you more about this while providing a free assessment of your potential serious injury compensation claim.

To speak to our team, you can:

CT-Scan images showing different brain activity and levels of injury

Select A Section

  1. Eligibility To Make Serious Brain Injury Claims
  2. What Is The Time Limit For Serious Injury Claims?
  3. Proving You Could Claim For A Serious Injury
  4. Estimated Serious Brain Injury Claim Payouts
  5. Making No Win No Fee Serious Brain Injury Claims

Eligibility To Make Serious Brain Injury Claims

Claimants can begin serious brain injury claims if their cases meet these eligibility criteria:

  • A third party, such as an employer, occupier, or road user, owed a duty of care.
  • They breached this duty of care.
  • The breach led to an accident which caused physical and/or psychological harm.

In the following sections, you can learn more about the legislation that outlines the duty of care for different third parties. 

Brain Injury From A Road Traffic Accident

Road users need to follow the rules laid out in the Road Traffic Act 1988 and the Highway Code to uphold their duty of care. The duty of care they owe is to use the road in a way that protects themselves and others from harm or damage.

A failure to do so could result in an accident in which another road user sustains harm. For example, a driver may suffer brain damage after a car accident after a lorry driver crashed into the side of them due to failing to check their mirrors when overtaking.

Work-Related Brain Injury

A serious brain injury could be sustained in an accident in the workplace if an employer fails to uphold their duty of care. According to Section 2 of the Health and Safety at Work etc. Act 1974, employers have a duty of care to take all reasonably practicable steps to keep employees safe at work. An accident could result from an employer failing to take such steps.

For example, your employer fails to provide adequate training, including the safe stacking of objects on a roll cage. As a result, you are injured in a roll cage accident where objects fall onto you from an overloaded trolley, causing a fractured skull which results in brain damage.

Serious Public Accident Claims

The Occupiers’ Liability Act 1957 sets out the duty of care for occupiers of public spaces. Their duty of care is to take any steps to ensure the reasonable safety of those visiting the space. Accidents causing serious brain injuries could occur as a result of a breach of duty.

For example, a local council fails to repair a badly broken pavement that had been reported to them. You hit your head after tripping on the pavement and sustain a brain injury.

For further guidance on serious brain injury claims, including when you could be eligible to seek compensation, please call our team on the number above.

What Is The Time Limit For Serious Injury Claims?

The general time limit for starting a personal injury claim is three years from the accident date. The Limitation Act 1980 sets this out but also notes some exceptions in certain cases.

A person under the age of 18 has a suspended time limit. Their 18th birthday acts as the starting point for the three-year limit. However, before they turn 18, a litigation friend can be appointed by the courts to claim on their behalf.

Likewise, a litigation friend can represent someone who lacks the mental capacity to claim. The time limit is suspended indefinitely for these claimants. Should the person recover without a claim having been made on their behalf, they would have three years from their recovery date to start a claim.

To learn more about time limits for serious brain injury claims and see how long you have to start your own claim, please call our advisors.

Proving You Could Claim For A Serious Injury

Serious brain injury claims require evidence to prove that a third party breached their duty of care and caused you harm. Relevant evidence that could support your case includes the following:

  • CCTV footage showing the accident and its cause. Video from a personal device like a dashcam could also be presented.
  • Photographs highlighting the accident scene and any visible injuries you suffered.
  • Medical records showing your injuries, such as brain scan results.
  • A diary of your treatment and symptoms experienced after the accident.
  • Witness contact details.

Please speak to our advisors if you would like to learn more about gathering evidence. You can also find out how our solicitors can help build your case.

Estimated Serious Brain Injury Claim Payouts

If you win a personal injury claim, your settlement could be formed of up to two heads of claim. These are general damages and special damages.

You will be awarded general damages in a successful personal injury claim. This head of claim accounts for the pain and suffering of your physical and mental injuries, as well as the impact they have had on your overall well-being and quality of life.

We have put together a table below, made up of guideline compensation brackets. The brackets are from the Judicial College Guidelines, which is a document used by legal professionals, in addition to medical evidence, when calculating the value of injuries.

With that being said, the brackets do not guarantee what would be awarded in serious brain injury claims, so consider this table a guide only.

Compensation Table

Injury Type Compensation Guidelines Notes
More Than One Serious Injury Up to £1,000,000+ Several kinds of serious injuries, differing in nature, with losses of a financial nature.
Very Severe Brain Damage £282,010 to £403,990 Little, if any, evidence that the person can meaningfully respond to their surroundings with little or no language function, double incontinence, and the requirement for full-time care.
Moderately Severe Brain Damage £219,070 to £282,010 Substantial dependence on others due to a very serious disability which is either physical or cognitive.
Moderate Brain Damage (i) £150,110 to £219,070 The injured person suffers a decrease in intellect considered moderate to severe with a change in personality, an effect on the senses, a significant risk of epilepsy, and no employment prospects.
Moderate Brain Damage (ii) £90,720 to £150,110 A modest to moderate intellectual deficit is exhibited, with the ability to work being greatly reduced, or completely removed. There is also some epilepsy risk.
Injuries Involving Paralysis £324,600 to £403,990 Tetraplegia, otherwise known as Quadraplegia, involves the paralysis of both arms and legs.
Injuries Involving Paralysis £219,070 to £284,260 Paraplegia, whereby there is no physical function below the waist.
Loss of earnings Up to £100,000 and above Compensation can be sought to reimburse any loss of earnings incurred as a result of time taken off work, either temporarily or permanently, because of your injuries.

Special Damages

You can also claim back financial losses stemming from injuries you suffered. This is covered by the special damages head of claim, wherein you can receive compensation for the likes of:

  • A loss of earnings if you missed work due to injury;
  • Healthcare costs, including assistive care if required;
  • Prescription fees;
  • Home adaptation bills;
  • Travel costs, including bus fares or taxi fares to and from hospital appointments.

You must provide a record of these losses to be able to claim, so keep hold of any receipts, invoices or payslips.

Making No Win No Fee Serious Brain Injury Claims

Our solicitors have experience handling serious brain injury claims. Should you present valid grounds for a claim, you could be offered their expert services under a No Win No Fee contract called a Conditional Fee Agreement (CFA).

You could find a CFA to be the best option for you because you would not pay for your solicitor’s services:

  • Upfront;
  • As the case progresses;
  • If the case loses.

If your case wins, your solicitor collects a success fee from the compensation awarded to you. This percentage of the compensation has a legal cap applied by the Conditional Fee Agreements Order 2013. Moreover, you will be able to discuss the success fee with your solicitor before the claim starts.

Speak To An Expert

If you require more information about working with one of our solicitors under No Win No Fee terms, you can call an advisor. They can provide a free case assessment to see if you have valid grounds for a claim, and may connect you with a solicitor who can begin completing any work on your case.

Our advisors can also answer your questions about serious brain injury claims, and advise on the different stages of the claims process. To get in touch, you can:

Read More About Claiming For Serious Injuries

Here are more guides you could find useful:

Other resources that could helps:

Thank you for reading our guide on serious brain injury claims. If you have any other questions, please don’t hesitate to contact an advisor on the number above.

Guide by EM

Edited by MMI