Head Injury Claims Guide

By Jade Mooney. Last Updated 4th October 2024. Welcome to our guide on claims for head injury compensation. We understand it can be frustrating when you sustain an injury due to someone else’s negligence. However, if they failed to uphold the duty of care they owed you causing you harm as a result, you could claim compensation for a head injury.

In this guide, we will provide information on putting forward a valid personal injury claim. We’ll also provide information on the steps you can take to build a strong case.

Additionally, we’ll look at common symptoms of a head or serious brain injury and provide examples of scenarios that could lead to a successful compensation claim. Also, we will highlight when it may be appropriate to seek medical advice for a head injury.

Furthermore, we’ll discuss the different ways someone’s negligence could cause an accident resulting in a head injury compensation claim.

Most importantly, we’ll explore the question ‘how much is a brain injury claim worth?’ to give you an idea of what your compensation settlement may comprise.

However, if you still have any questions about brain injury claims, or you’d like to get the process started, simply:

• Call us on 0800 073 8804
• Speak with an advisor using the live chat function below
• Fill out our enquiry form and an advisor will contact you

Choose A Section

1. Head Injury Compensation Payouts And Amounts
2. Who Can Make Head Injury Claims?
3. What Types Of Head Injuries Can You Claim Compensation For?
4. What Are The Causes Of Head Injuries?
5. Do I Need Evidence To Make A Head Injury Claim?
6. Work With A No Win No Fee Solicitor For Head Injury Claims
7. Learn More About Making A Head Injury Claim

Head Injury Compensation Payouts And Amounts

It is not worth discussing the average compensation for a head injury because all cases are different. Numerous factors could influence the outcome, but it is certain that head injury compensation payouts are generally split into two parts:

• Cover for financial loss caused by your head injury. This is known as special damages, and you can read more about them in the next section.
• Compensation for your physical pain and mental suffering. This is the ever-present part of a payout and is called general damages.

How much compensation claimants receive under general damages in head injury claims depends on things like the number of injuries suffered and their severity. Loss of amenity, the inability to do something you were able to do before like a hobby, is also considered.

Those responsible for figuring out a head injury claim amount will take everything into account. They can use different resources to help them, just as they can check out guideline compensation figures found in the Judicial College Guidelines (JCG).

Guideline Compensation Table

We have taken some compensation brackets from the JCG (except for the first entry) for different types of head injuries.

However, we cannot show you an exact figure for what you could be awarded, as there is no set average compensation for a head injury claim and your award would be determined by your personal circumstances.

Special Damages

Special damages, the second type of loss, is awarded to some successful claimants. This accounts for the financial effects of your head injury caused by breached duty of care.

Here is a list of expenses and financial losses that can be reimbursed as part of head injury claim compensation:

• Loss of earnings.
• Medical bills, such as prescriptions.
• Rehabilitation costs, such as physiotherapy.

Please note, you will need to provide evidence to support your claim for any financial losses. For example, you could provide payslips to highlight any lost wages or receipts for any travel expenses.

Please contact us for more information on how head injury compensation payouts are calculated.

Who Can Make Head Injury Claims?

You may be able to claim head injury compensation if you meet the eligibility criteria. For personal injury claims, you must prove:

• A third party, such as an occupier, road user, or employer, owed you a duty of care.
• This duty of care was breached by the third party.
• You suffered your head or brain injury because of this breach.

The points above form the basis of negligence in claims for a personal injury. If you can demonstrate that negligence occurred, you may be able to seek compensation for the harm you sustained. Evidence can help support your claim. This can include medical records and pictures of your injuries as well as the accident.

It’s also important to make sure that you start a head injury compensation claim in time, as there’s usually a time limit for taking such action.

You can learn more about the time limit for starting a brain injury claim and evidence that can support this type of claim further on in this guide. To speak to an advisor about your eligibility to claim, call using the number above.

How Long Do I Have To Make A Head Injury Claim?

The general time limit you have to begin a claim is 3 years from the date of the injury or the date you become aware of your injury. The latter is known as the date of knowledge and needs to be supported by evidence.

The time limit can be found in the Limitation Act 1980. In some cases, however, it can be possible to start a claim later than this. For instance, if children sustain brain injuries, claims are not subject to a time limit until the child reaches 18 years old. Before this date, only a litigation friend may claim on their behalf, but they can do so without the constraint of a time limit.

The rules are similar if you are claiming compensation for a traumatic brain injury on behalf of someone with a reduced mental capacity. The time limit also only begins if a recovery is made. A litigation friend must be appointed if not.

Get in touch today to find out more about the time limits that could apply to brain injury compensation claims.

What Types Of Head Injuries Can You Claim Compensation For?

A head injury claim does not have to be for a serious injury. If you have a valid case that meets the eligibility criteria we discussed above, you could seek compensation. The head injuries you could claim for include:

• Cuts and lacerations.
• Concussion.
• Skull fractures.
• A hematoma or haemorrhage.

These injuries could have many different effects on you, ranging from nausea and headaches to mood changes or brain damage. These injuries could also have a psychological effect that lasts just as long, if not longer.

If you’ve suffered harm because of an incident that was not your fault, you may have the right to be compensated. Call us today to discuss how you’ve been affected by a head injury so we can evaluate your potential claim.

What Are The Causes Of Head Injuries?

There are various types of accidents that could cause someone to sustain an injury to the head. Subsequently, there are many reasons for brain injury compensation claims to be made. We have explored some examples of these in the sections below.

Head Injury At Work Claim

All employers have a duty of care to take all reasonable steps to prevent you from experiencing harm. In Great Britain, this duty is established in The Health and Safety at Work etc. Act 1974. This outlines the employer’s responsibilities to ensure that the work environment, facilities and equipment are safe enough to be used without causing harm.

Failure to uphold their duty of care could result in an accident at work causing someone to hurt their head. For example, an employer of a construction site may have failed to provide you with a safety helmet, where it was necessary and reasonable to do so. As a result, you may have sustained a skull fracture caused by falling debris.

Alternatively, you could have fallen down the stairs at work due to a spillage that hadn’t been cleaned up or signposted.

Another example could involve items being improperly stored on shelving, leading to them falling and you suffering an injury in a warehouse accident.

Road Traffic Accident

Each road user has a responsibility to ensure they take all reasonable steps to prevent others using the road from experiencing harm. In the UK, every road users’ duty of care is outlined in The Highway Code.

However, in some cases, there is a failure to uphold this duty. For example, you could hit your head in a car accident or cycling accident as the result of another road user’s negligence.

A more specific example may be that a driver fails to check their mirrors before overtaking on a narrow lane. As a result, they may have knocked a cyclist off their bike because they failed to leave enough space, causing them to sustain a severe head injury.

The Highway Code was updated on 29 January 2022. To read more about the changes made, refer to the Government website.

Public Place Accidents

A slip, trip or fall accident could occur in various environments, including public places. As per the Occupiers Liability Act 1957, the person in control of a public space is responsible for taking reasonable steps to prevent members of the public from sustaining harm.

For example, the council should carry out regular risk assessments to ensure they are aware of any hazards and take reasonable action to either remove or control the hazard. Failing to do so could mean they fail to fix a defective maintenance hole in a reasonable time causing someone to fall down the hole and hit their head.

If you have experienced a similar type of accident that caused you harm, you may be eligible to make a minor brain injury compensation claim or seek head injury compensation. The amount of compensation you could receive for a brain injury claim will depend on many factors, including the severity of the injury and how it has impacted your daily life.

For more information, call our team, they can discuss the details of your specific case to check you’re eligible to claim.

Do I Need Evidence To Make A Head Injury Claim?

You might be wondering what steps you could take if you want to start a brain injury claim. Firstly, straight after the accident, you should prioritise getting the medical treatment you require for your injury. If you experienced your head injury at work, then you should check that the accident has been reported if you were unable to do so yourself.

After receiving treatment for your injury, you should then start gathering evidence as soon as possible such as:

• Photographs of your injury and the accident site. This can highlight the extent of your injuries.
• CCTV footage, if available. This can show the series of events that led to the accident and, in doing so, potentially highlight the liable party. Dash cam footage could also be used if you’re making a road traffic accident claim.
• Medical evidence, such as copies of scans or notes from the doctor who treated your injury. This can provide details on your prognosis and diagnosis.
• Witness statements. You can take contact details of any witnesses. They can be contacted as part of the claims process to give statements detailing what happened.

You can also arrange to get legal advice by contacting a personal injury solicitor. We recommend getting in touch with a solicitor who has previous experience in handling head or brain injury claims.

If you contact our advisors about your case, then a member of our team could potentially connect you with one of our personal injury solicitors. To learn more about how we can help, contact our team online or on the phone today.

Work With A No Win No Fee Solicitor For Head Injury Claims

One of our experienced solicitors may be able to help you with your brain injury claim. They have experience with negotiating head injury compensation payouts for their clients, as well as guiding them through the claiming process.

Additionally, one of our No Win No Fee solicitors may offer to support your claim under a Conditional Fee Agreement. With this in place, you will not be expected to pay your solicitor anything for their work upfront or while your claim is progressing. Should your claim not succeed, you will not need to pay them for their services.

Alternatively, your solicitor will be owed a success fee should they succeed with your case. This fee will be directly taken from your compensation as a legally limited percentage.

Get in touch if you have any questions about the average compensation for brain injury in the UK, or if you would like to connect with our No Win No Fee solicitors. Here’s how you can contact us:

• Call 0800 073 8804
• Fill out our contact form to arrange a free call-back.
• Speak to an online claims advisor using our 24/7 live chat service.

Learn More About Making A Head Injury Claim

• See the government website for information on claiming compensation after an accident or injury.
• For safety advice, please visit the Royal Society for the Prevention of Accidents (ROSPA).
• Visit Headway, the UK charity that supports those with head and brain injuries.
• Read our guide on brain injury claims for more information on seeking compensation for a head injury.
• Would like to know more about making a minor head injury claim? If so, please read this guide from our website.
• If you’ve experienced post-traumatic stress disorder after your accident, read our guide for more information on seeking compensation.
• For more information on psychological injury claims, please see our guide.
• Find out how much you could get for falling at work by reading our guide.
• Read our guide on making a ladder accident compensation claim.
• Read our guide to find out about scaffolding accident claims.
• Visit this guide to understand how to find the best personal injury solicitors for Coventry to represent your claim.
• Read our guide to understand how to find the best car accident claims solicitors for Birmingham.
• For more information about claiming compensation for an injury after a car accident, see this guide.
• Read this article to see if you could claim for a crane accident.
• Can I Claim Compensation For Cycling Without A Bike Helmet?

Thank you for reading our guide on claims for head injury compensation.