Last updated 19th December 2024. This guide will discuss the process of making head injury claims. We will look at the steps you’ll have to take to receive compensation for your injury and how claims are valued. We’ll be discussing how in order to make a successful claim, a third party must have broken their duty of care to you, resulting in you being injured. This article will include examples of the evidence you could provide in support of your claim.
As well as this, we’ll also be exploring what No Win No Fee agreements are and what they can mean for your personal injury claim if you would prefer to work with a lawyer but want to avoid the upfront costs that this can entail.
If you’ve got any questions, or want to see if you could begin your claim, then you can get in touch with our advisors anytime by using the contact details below:
- Contact us on our website
- Call us at 0800 408 7827
- Use our live advice feature on the corner of our website.
Choose A Section
- A Guide To Head Injury Claims
- When Are You Able To Claim For A Head Injury?
- Evidence That Could Be Used In Head Injury Claims
- Head Injury Claims – What Compensation Could You Receive?
- Use Our Panel Of No Win No Fee Personal Injury Solicitors To Claim
- Learn More About How To Claim For A Head Injury
A Guide To Head Injury Claims
This guide aims to provide you with information that could be useful to you when making a head injury claim. In this article, we’ll cover the different scenarios in which a breach of duty of care could cause you to sustain an injury.
Further on in this guide, we’ll look at the different types of evidence that you can use to support your claim. We will also address how our No Win No Fee solicitors’ services may benefit you, providing you have a valid claim.
Head injuries can come in various severities, ranging from life-changing and severe permanent damage to relatively minor head injuries and concussions. Because of this, the amount of compensation you could be awarded in a successful claim might also vary.
If you have any queries or want to start your claim, then you can get in touch with us by using the contact details above.
When Are You Able To Claim For A Head Injury?
You would only be able to make a head injury claim if you could prove that your injury was caused by a negligent third-party. This means that the third party in question:
- Owed you a duty of care.
- Breached this duty.
- Caused or contributed to your injury.
Below, we give some examples of accidents that could occur as a result of a breach of duty of care.
Accidents At Work
Employer have a duty of care to employees under the Health and Safety at Work etc. Act 1974. They are expected to take reasonably practicable steps to ensure the safety of their staff.
Below are a few examples of potential accidents at work that you could make a claim for, provided they were caused by negligence:
- An employer fails to provide the necessary training resulting in an employee sustaining a head injury because they fell while lifting something that was too heavy
- An employer fails to check and maintain factory equipment. As a result, they injure themselves in an accident involving faulty equipment and sue their employer.
Accidents In A Public Place
“Occupiers” of public spaces (meaning those who are in control of them) also have a duty of care to every public member who uses their facilities. This means that they have to ensure the reasonable safety of members of the public who use the space for the intended purpose. This is outlined in the Occupiers’ Liability Act 1957.
Below are a few types of examples that you’d be able to make a claim for:
- A wet floor isn’t signposted in a reasonable amount of time in a supermarket, resulting in a member of the public falling and suffering from a concussion.
- Someone slips and falls from a height because a railing on the mezzanine level of a shopping centre is faulty. As a result, they sustain a head injury.
Road Traffic Accidents
Every road user has a duty of care to ensure they act in a way that reduces the risk of injury to themselves and others while on the road. This means that if these rules are broken, then this is an example of a road user breaching their duty of care. The Highway Code contains guidance for proper road conduct, some of which is elsewhere backed up by legislation, such as the Road Traffic Act 1988.
Below are a couple of examples of scenarios that could lead to making a successful road traffic accident claim:
- A driver is distracted behind the wheel, resulting in them hitting your vehicle from behind whilst on the road because they failed to leave the appropriate stopping distance.
- A drunk driver fails to notice that the light is red, meaning that they hit you as you cross as a pedestrian.
Evidence That Could Be Used In Head Injury Claims
In order to make a successful head injury claim, it’s important to prove that your injury was caused by the negligence of someone who owed you a duty of care. This section will clarify different types of evidence that you can use to strengthen your claim.
Below is a short list of the types of evidence that you can use when proving negligence resulted in your injury:
- CCTV footage of the accident; if you’ve been involved in a road traffic accident, dash cam footage could prove useful too.
- Getting medical care and asking for copies of any records produced
- Taking photographs of your injury and the accident
- Witness contact details so that they can give a witness statement at a later date
- Keeping a diary of your treatment and symptoms.
If you’re struggling to find evidence to support your head injury claim, then working with a lawyer could be beneficial; they could help you collect any evidence that will support your personal injury claim. You could be connected with a solicitor from our panel if one of our advisors feels your case is valid.
Is There A Time Limit To Make A Head Injury Accident Claim?
The standard personal injury claims time limit is three years from the date of your accident, as outlined in the Limitation Act 1980
If a person lacks the mental capacity to make a claim or is under the age of eighteen, a litigation friend could claim on their behalf. In this case, the time limit for claiming is suspended unless a person regained the mental capacity to make a claim or turned eighteen, at which point they have 3 years to claim themselves.
If you would like guidance on the time limit that applies to claims, speak with an advisor today.
Head Injury Claims – What Compensation Could You Receive?
This section will discuss general damages, which is one of the “heads” of a head injury claim. This means it is just one type of head injury compensation.
These figures come from the Judicial College Guidelines (JCG). This publication is used by solicitors and other legal professionals to help them value claims.
Final amounts may differ from those in this table. This is due to the many different factors that are considered when valuing a claim. The top figure, for example, is not from the JCG.
| Injury | Severity | Compensation | Notes |
|---|---|---|---|
| Multiple Injuries Plus Special Damages | Very Severe | Up to £1,000,000 or more | Not a JCG figure. |
| Brain and Head Injury | Very Severe | £344,150 to £493,000 | Level of award determined by degree of insight, life expectancy, physical limitations, feeding requirements, sensory impairment, ability to communicate, behavioural problems, and the presence of epilepsy. |
| Moderately Severe | £267,340 to £344,150 | Very seriously disability with substantial dependence on others. The same factors as above apply. | |
| Moderate (i) | £183,190 to £267,340 | Moderate to severe intellectual deficit, personality change, or effect on sight, speech, and senses. Significant risk of epilepsy and no prospect of employment. | |
| Moderate (ii) | £110,720 to £183,190 | Moderate to modest intellectual deficit, greatly reduced ability to work, and some risk of epilepsy. | |
| Moderate (iii) | £52,550 to £110,720 | Concentration and memory are affected, ability to work is reduced, fatigue may occur, and a small risk of epilepsy. | |
| Facial Skeletal Injury | Le Fort Fractures of Frontal Facial Bones | £29,060 to £44,840 | Separation of mid-face from base of skull. |
| Multiple Fractures of Facial Bones | £18,180 to £29,220 | Permanent facial deformity. | |
| Fractures of Nose or Nasal Complex (i) | £12,990 to £28,220 | Serious or multiple fractures requiring several operations and/or resulting in permanent effects on airways, nerves, or tear ducts. | |
| Fractures of Nose or Nasal Complex (ii) | £4,820 to £6,230 | Displaced fracture treatable with surgery. |
There are some cases in which you may not receive the full amount that you would ordinarily be owed. If you were 50% to blame for the accident that caused your injury, for example, you may only get 50% of the total possible head injury compensation. This is called split liability.
For more information on general damages and how they might apply to your case, contact our advisors using the details above. All queries are welcome 24 hours a day, 7 days a week.
Could You Also Receive Special Damages Compensation In Your Head Injury Claim Amount?
Special damages aim to reimburse you for any financial losses you may have accrued as a direct result of your injuries. This can include:
- Cost of care
- Modifications to your home that you need to cope with your injuries
- Any medication or prescriptions you have had to pay for
- Loss of earnings if your injuries meant you had to take time off work
You must provide evidence of these losses to recoup them via a head injury claim. This can include invoices, receipts, or bank statements.
Use Our Panel Of No Win No Fee Personal Injury Solicitors To Claim
Solicitors who don’t work on a No Win No Fee basis might expect you to make upfront payments to secure their services and continue these costs as your claim progresses. This not the case with our panel of expert personal injury solicitors.
By hiring their services under a Conditional Fee Agreement (CFA), you won’t be asked to pay upfront, as they work on your claim, or in the event that you’re not awarded compensation.
If you do receive a settlement, your solicitor will take a success fee. This amount is legally capped and comes out of your compensation total before it reaches you.
- Contact us on our website
- Call us at 0800 408 7827
- Use our live advice feature on the corner of your screen
Learn More About How To Claim For A Head Injury
If you’d like to learn more about personal injury claims, then you can read these guides below to learn more:
- Claiming for a broken cheekbone
- Can I sue for an injury at a bus stop?
- How to sue a gym
Alternatively, you can follow these external links to learn more about head injury claims.
- THINK! Road safety campaigns
- Government guide to taking sick leave
- Health and Safety Executive (HSE) website
Thank you for reading out guide on head injury claims.