A Guide To Concussion Injury Claims

By Jade Mooney. Last Updated 22nd August 2024. Have you endured a concussion due to the fault of someone else? If so, you may be entitled to pursue a concussion injury compensation claim against the negligent party. Please read on to learn more about making a concussion claim and how a No Win No Fee solicitor could help.

A payout from a successful concussion injury claim can help cover for things such as medical bills. It could also potentially help recover loss of earnings and generally deal with the long term effects of a concussion-related injury.

This guide goes into depth on how another party’s negligence may cause a concussion injury. It also explains the key steps behind making a concussion injury claim. We’ll also discuss potential compensation payouts and why getting legal support can help you.

If you would like to speak to an advisor about concussion injury claims, then you’re welcome to contact Legal Expert today. You can call us on the phone by dialling 0800 073 8804. Or you can contact us online using our claim form or our 24/7 live chat service.

Select a section:

1. Who Can Make Concussion Injury Claims?
2. Potential Evidence For Concussion Injury Claims
3. Examples Of Concussion Compensation Payouts
4. No Win No Fee Concussion Compensation Claims

Who Can Make Concussion Injury Claims? 

To be eligible to make a personal injury claim for concussion compensation, you will need to prove that your injury was caused by a relevant third party breaching their duty of care. Together, this is known as negligence.

Here is the concussion injury claims eligibility criteria:

1. A relevant third party owed you a duty of care.
2. This relevant third party breached their duty of care towards you. 
3. You suffered a concussion as a result of this breach. 

There are various incidents where you are owed a duty of care. We discuss these in the headings below, as well as examples of how a breached duty of care could potentially lead to a concussion claim. 

On The Road

All road users owe each other a duty of care. Per this duty, they must use the roads in a way that avoids causing injury to others and themselves. To do this, they must also follow the rules set out for them in The Highway Code and the Road Traffic Act 1988. 

As such, here is how negligence could potentially occur on the road:

• • A car driver could be looking at their mobile phone while driving, meaning they aren’t paying attention to the road ahead. This means that they rear-end your vehicle while you are waiting at the red traffic lights, leading to you suffering a concussion.
  • A van driver could be driving whilst drunk. Due to this impaired judgement, they swerve onto the path on the side of the road, where you are walking as a pedestrian. Being ran over by a van could lead to concussion and potentially severe brain damage.

In The Workplace

The Health and Safety at Work etc. Act 1974 states that your employer owes you a duty of care. Per this duty, they must take reasonable steps to ensure your safety at work.

As such, here is how negligence could potentially occur in the workplace:

• Your employer could give you a faulty ladder to use on a building site, after not checking its condition. This could lead to you falling off the ladder, causing concussion as well as other serious injuries such as paralysis. 
• Your employer may not have given you Personal Protective Equipment (PPE), such as a hard hat, while working on a construction site. This could lead you to suffering concussion if an object falls and hits you on the head. 

In Public Places

The Occupiers’ Liability Act 1957 states that anyone in control of a public space owes a duty of care to members of the public. They must take steps to ensure your reasonable safety while you are using that space.

As such, here is how negligence could potentially occur in public places:

• The occupier of a gym has not done any recent maintenance checks on the gym’s equipment. From this, you could suffer a concussion if you use a faulty, heavy piece of equipment that breaks. 
• The occupier of a supermarket has not provided any wet floor signs. So, when there is a spillage in the supermarket aisle, there are no warning signs. You could suffer a concussion if you slip and fall and hit your head. 

Contact us today to confirm whether you’re eligible to claim compensation for a concussion. 

How Long After The Accident Can You Claim For A Concussion?

Under the Limitation Act 1980, there is generally a 3-year time limit from the date you were injured in which you must start your concussion injury claim. You may still be able to claim after 3 years if the following applies to your case:

• Child claims – If the injured party is under 18 years old, they are prevented by law from representing themselves in legal proceedings. Instead, a litigation friend can be appointed to claim for them. This could be an adult such as a parent/guardian or a legal professional such as a solicitor. Before the injured child turns 18, their time limit is suspended. It only begins on their 18^th
• Cases of reduced mental capacity – Some claimants may lack the mental capacity to make a claim by themselves. If so, then the time limit is suspended indefinitely. A litigation friend may be able to pursue a claim on the injured party’s behalf.

If you’d like to know about the time limit for claiming a concussion and whiplash settlement, get in touch with us today. We can also tell you how much compensation for a concussion injury you may be owed.

Potential Evidence For Concussion Injury Claims

Proof in concussion injury claims can be really crucial. Providing evidence shows how your concussion was caused by a breached duty of care. 

As such, here are some useful types of evidence you should aim to collect:

• Medical reports confirming the injuries you are claiming for. In particular for a concussion claim, copies of CT scans and physiotherapy reports.
• Contact details from witnesses who saw the accident that hurt you and would be willing to give a statement on it
• Photographs and/or videos of the accident scene that caused your concussion injury.
• A personal diary where you have recorded your symptoms and treatment. 

To help with collecting evidence and other steps when claiming compensation for a concussion, you can choose to get help from legal advisors. Here at Legal Expert, we can provide a free consultation. This is a phone consultation where we go over the evidence you have gathered your case’s details. We’ll provide advice on whether you have a case or not. We can also make suggestions for how to move forward.

Examples Of Concussion Compensation Payouts

This section examines the compensation that can be awarded following a successful concussion claim. There are two heads of loss that this compensation can be awarded under, general and special damages. Physical and psychiatric harm is compensated under general damages while any associated financial losses can be compensated under special damages. Special Damages will be examined in a later section.

Calculating a potential concussion compensation figure is one of the many things our solicitors can assist you with. The legal team assigned this task can make reference to your medical documents alongside the Judicial College Guidelines.

Referred to as the JCG, this publication contains guideline compensation brackets for various different injuries.

Using relevant brackets from the JCG, we have created a table here to show possible compensation for concussion. We should emphasise that this table has been included for guidance purposes only and that the top entry is not a JCG bracket.

Compensation Table

Special Damages In A Concussion Compensation Claim

As we said above, special damages can be awarded for financial losses sustained due to your injuries. We have provided a few general examples below, but because every claim is assessed individually, speak to our advisors for a better idea of what costs you could be compensated for.

Examples can include:

• Lost earnings: if you have taken time off work to recover from your injuries, you can claim your lost wages.
• Travel costs: Following a head injury, you may receive medical advice not to drive. You may also be reimbursed for public transport expenses. 
• Domestic care and support: Assistance within your home such as with preparing food, cleaning the house, washing yourself and maintaining any outside space if you cannot carry out these tasks on your own safely.
• Medical bills: out of pocket medical expenses such as prescriptions, private treatment or therapy sessions.

Remember, you will need to show some supporting evidence when claiming special damages. Make sure you have copies of your payslips, receipts, invoices, prescription letters and any other documents that show you incurred these losses.

Is There An Average Payout For Concussion?

Knowing the average payout for a concussion may not be beneficial. This is because each personal injury claim needs to be assessed individually. Various factors such as the severity of the concussion, other injuries that may have been sustained, the nature of special damages and the length of time it takes to recover must all be considered.

This section is, therefore intended to act as guidance only. To get a more personalised idea of what your potential claim may be worth, or for a free assessment of your eligibility to claim, talk to our team today using the contact information given below.

No Win No Fee Concussion Compensation Claims

If you have valid grounds to claim compensation for concussion, then you may be looking to instruct a solicitor. 

Our solicitors are experts in No Win No Fee head injury claims, and could support you under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. It offers several benefits, one of which is that you won’t need to pay any upfront or ongoing fees to your solicitor for their services. Also, you won’t need to pay your solicitor for their work if your claim fails.

If your claim is a success, then your solicitor will take a success fee. This is taken directly from your compensation as a small percentage. However, this percentage is limited by a legislative cap, allowing you to keep the majority of what you receive.

Contact our advisors for free today if you would like to learn more about No Win No Fee claims. They are also happy to address other questions you may have, such as “What’s the average payout for concussion in the UK?”. 

To reach our team, you can:

• Give us a call on 0800 073 8804
• Write to us online with our contact form.
• Or you can use our 24/7 live chat.

Helpful Links Related To Concussion Injury Claims

In this final section of our guide on concussion claims, we’ve included some link to relevant resources and other guides which you may find useful:

• Whiplash Compensation Claims Calculator – Find out how much compensation you can claim for Whiplash.
• NHS Concussion – A concussion is sudden but short-lived find out more about this head injury and the most common type of brain injury.
• Brain Injury Compensation Amounts – Find out what amount of compensation you could get by making concussion injury claims.
• Forklift Truck Accident Claims – See this useful guide on seeking compensation for an injury following a forklift truck accident.

If you want more information on concussion injury claims or would like to start a claim, please contact our team of helpful advisors for free legal advice at a time that suits you.