Brain Injury Claims Guide

A brain injury can be life-changing. Depending on the severity of your brain injury, you may be unable to work or engage in your usual daily life. You may have also experienced financial losses. Within this guide, we discuss who could be eligible to make brain injury claims and the eligibility criteria that must be met.

Additionally, we share different scenarios of incidents that could result in a brain injury being suffered. We also look at when you could potentially make a brain injury compensation claim on someone else’s behalf, including the time limits that must be adhered to.

Following this, we explain how compensation is calculated for successful brain injury claims and what evidence could help support your case.To conclude this guide, we discuss how one of our No Win No Fee brain injury solicitors could help you claim compensation.

If you have any questions while reading this guide, or would like to receive free advice for your potential claim, you can contact our advisors:

• Call 0800 073 8804
• Fill out our claim online form.
• Message in our live support chat box.

Jump To A Section

1. What Is A Brain Injury?
2. What Are Brain Injury Claims?
3. Can I Make A Brain Injury Claim Due To Carbon Monoxide Poisoning?
4. Can A Brain Injury Claim Be Made On Someone Else’s Behalf?
5. How Much Brain Injury Compensation Could I Receive?
6. What Financial Losses Can Be Claimed For After A Serious Brain Injury?
7. What Evidence Can Help In Brain Injury Claims?
8. Can Brain Injury Solicitors Work On A No Win No Fee Basis?
9. More Useful Resources About Compensation Claims

What Is A Brain Injury?

The brain is made up of many different nervous tissues and is responsible for many different functions in our body, including movement, communication, emotion, memory, sensation, and responses. As such, the potential impacts of a brain injury can be life-changing.

There are various impacts that could result from a brain injury, depending on the severity of the damage.

Broadly, here are the two types of brain injuries:

• An acquired brain injury – where brain damage has been present since birth.
• A traumatic brain injury – where brain damage is caused by trauma to the head, such as by a violent jolt or blow.

What Is The Potential Impact Of A Serious Brain Injury?

Here are some possible effects of a severe brain injury:

• Changes in behaviour.
• Seizures.
• Coma.
• Locked-in syndrome.
• Blood clots.
• Changes to senses, such as double vision and loss of taste.
• Problems with communication.
• Loss of mobility.

If you or someone you know has suffered a brain injury, whether it be less serious or severe, please contact us today. Our advisors can chat with you about your circumstances and your claim eligibility.

What Are Brain Injury Claims?

Brain injury compensation claims can be made when negligence has occurred. Negligence is when duty of care is breached, and this results in an injury being suffered.

As such, here is the brain injury claims eligibility criteria:

1. You were owed a duty of care by a third party.
2. The third party breached their duty of care.
3. You suffered a brain injury as a result of this breach.

If you can show that each of the above is applicable to your circumstances, then have a chat with us today, as you may be entitled to claim brain injury compensation.

Below, we explain what duty of care is owed to you in different situations, and by whom.

Accidents At Work

Under the Health and Safety at Work etc. Act 1974, all employers owe their employees a duty of care. This means that employers must take reasonable steps to ensure the safety of their employees while they are working.

Here are some ways how an employer could potentially breach their duty of care, leading to a brain injury:

• An employer could fail to check the maintenance of the workplace’s equipment. For example, they could provide an employee with a faulty ladder, which could break and cause the employee to fall from a height.
• An employer could fail to provide their employees with the appropriate Personal Protective Equipment (PPE). For example, a hard hat for employees working on a construction site. Due to this lack of PPE, an employee could suffer brain damage if a piece of debris falls and hits them on the head.

Road Traffic Accidents

All road users owe a duty of care to one another. This means that all road users must follow the rules that are in the Road Traffic Act 1988 and The Highway Code while on the roads to ensure the safety of one another.

Here are some ways in which a road user could potentially breach their duty of care, leading to a brain injury:

• A driver could be exceeding the speed limit and rear-end a vehicle in front of them if they are unable to brake in time.
• A driver could be using their mobile phone at the wheel and fail to notice that there is a pedestrian on a zebra crossing in front of them, causing them to hit the pedestrian.

Accidents In A Public Place

Under the Occupiers’ Liability Act 1957, all occupiers of a public place (anyone who has at least partial control) owes a duty of care to all visitors of their space. This means that occupiers must take steps to ensure that the public are reasonably safe while on their premises.

Here are some ways how an occupier could potentially breach their duty of care, leading to a brain injury:

• The occupier could fail to respond to reports of hazards. For example, there have been multiple reports about a torn bit of carpet on the stairs in a library, but the occupier has not fixed the hazard in a timely manner. From this, someone could trip on the torn bit of carpet and fall down the stairs.
• The occupier could fail to display any warning signs of hazards that cannot be removed. For example, if the occupier of a public swimming pool fails to display a ‘no diving’ sign by the shallow end of the pool, someone could dive in without knowing and hit their head at the bottom of the pool.

Medical Negligence

All medical professionals owe their patients a duty of care. This means that they must deliver the correct standards of care to anyone they treat. A medical professional can breach their duty of care if they ever deliver a standard of care that falls below the minimum expectations.

Here are some ways in which a medical professional can possibly breach their duty of care, leading to a brain injury and medical negligence claim:

• A midwife could use forceps incorrectly during the delivery of a baby, putting too much pressure on the baby’s head.
• A GP  could prescribe the wrong dosage of medication. Taking a dosage that is too high could lead to brain damage.

If you or someone you know has suffered negligence from a medical professional, a road user, an occupier, or an employer, get in touch with us today.

Can I Make A Brain Injury Claim Due To Carbon Monoxide Poisoning?

As we discussed earlier, various people owe you a duty of care at different times. If they have failed to properly maintain a carbon monoxide alarm on their premises, or acted negligently in another way, this could cause carbon monoxide poisoning.

Carbon monoxide poisoning could potentially cause a brain injury if too much carbon monoxide is inhaled. This is because carbon monoxide interferes with the way oxygen is delivered to the brain.

For example, if you rent your home, your landlord may owe you a duty of care. Under this duty, they must ensure that their property is maintained to a fit enough standard for habitation.

Specifically, under The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, all landlords must ensure that all rooms with a fixed combustion appliance (other than a gas cooker) have a carbon monoxide alarm installed in them. These legal obligations apply whether you’re renting from a housing association, a private landlord, or the council.

However, these types of tenancies are exempt from these regulations:

• Long leases.
• Student halls.
• Care homes.
• Shared accommodation with the landlord/landlord’s family.
• Hospitals and hospices.
• Refuges and hotels.
• Low cost ownership homes.

For more information on how to make a brain injury claim due to carbon monoxide poisoning, please contact us today.

Can A Brain Injury Claim Be Made On Someone Else’s Behalf?

Yes, a brain injury claim can potentially be made on someone else’s behalf.

Under the Limitation Act 1980, claimants making a personal injury claim or a medical negligence claim for a brain injury usually have 3 years to begin the claims process. This time limit commences from the date negligence was suffered.

However, some exceptions are made to the time limit if the claimant is either:

• Under 18 years old.
• Lacking the full mental capacity to make a claim themselves.

In these circumstances, the time limit will be put on hold. While the time limit is put on hold, it is possible for someone to step in and begin the claim on the claimant’s behalf. This person will be known as the litigation friend.

However, if a litigation friend has not stepped in by the time the claimant either:

• Turns 18.
• Recovers their full mental capacity.

Then, the usual 3-year time limit will commence as normal from this point.

If you would like to begin a brain injury claim on someone else’s behalf, please contact us today.

How Much Brain Injury Compensation Could I Receive?

If your claim is successful, the brain injury compensation you will receive may depend on two different heads of loss. These are called general damages and special damages.

The first head of loss, general damages, is awarded in all successful claims. General damages compensates you for the psychological and physical impacts of your brain injury. As such, these are some factors that are considered:

• Loss of amenity.
• Whether a full recovery is expected, and if so, how long it will take.
• The severity of the injury.

During the evaluation of general damages, legal professionals may refer to the Judicial College Guidelines (JCG) as well as your independent medical records.

The JCG is a document containing guideline compensation brackets for all sorts of psychological and physical injuries.

Guideline Compensation Table

We have taken some brain injuries from the JCG and have included them in the table below. We have also taken their accompanying guideline compensation brackets (only the first figure is not from the JCG).

It is important to bear in mind that none of these figures can be guaranteed for your specific brain injury claim, as all cases are unique.

What Financial Losses Can Be Claimed For After A Serious Brain Injury?

The second head of loss, special damages, is awarded to some successful claimants. Special damages compensates you for the financial impacts of your brain injury, such as:

• Loss of earnings if you’re unable to work due to the injury. This includes future loss of earnings if you’re unable to return to work at all.
• Mobility aid equipment, such as a stairlift.
• Domestic care costs.

However, since special damages is not awarded to all successful claimants, keeping evidence of the financial impacts of your brain injury is essential. Such evidence includes receipts, invoices, payslips, and bank statements.

For more information on how brain injury compensation is calculated, please contact us today.

What Evidence Can Help In Brain Injury Claims?

Evidence is essential in brain injury claims, as it must be proven that a duty of care was breached, and this breach was the cause of your injury.

Here are some useful types of evidence you should aim to collect:

• CCTV footage of the incident taking place (or dash-cam footage if you’re making a road traffic accident claim).
• Photographs of the visible effects of your injury, and of the cause of your injury. For example, a faulty piece of work equipment.
• Copies of your medical records and notes to show the extent of your brain injury. For example, copies of CT scan images.
• Keep a personal symptoms and treatment diary to show how you have been affected by your injury.
• Contact details from any witnesses who saw the incident take place. Later on, throughout the claims process, they could be asked to provide a statement.
• An official record, such as a police report after a car accident or a work accident book entry.

We are aware that it may seem daunting to collect all of this evidence by yourself. This is why, as part of our solicitor’s work, they help claimants with collecting evidence.

To learn more about how one of our solicitors could help you if you have an eligible brain injury claim, please contact us today.

Can Brain Injury Solicitors Work On A No Win No Fee Basis?

Yes, our brain injury solicitors work on a No Win No Fee basis. Specifically, if your brain injury claim is eligible, one of our solicitors could offer you a Conditional Fee Agreement (CFA).

Here is what it means to be offered a CFA:

• You won’t pay for any of your solicitor’s service fees before the claims process begins.
• You won’t pay for any of your solicitor’s service fees during the claims process.
• You won’t pay for any of your solicitor’s service fees at all if your claim is unsuccessful.

Instead, if you are successful, your solicitor will take a success fee out of your compensation. The success fee is a small percentage that is capped by law.

So, contact us today to confirm whether you have an eligible brain injury claim. If you do, you could be connected with one of our specialist No Win No Fee solicitors, who can make the entire brain injury claims process a lot easier for you.

• Call 0800 073 8804
• Fill out our claim online form.
• Message in our live support chat box.

More Useful Resources About Compensation Claims

Here are a few of our other guides about claiming compensation:

• Common facts and questions answered about public liability claims.
• A general guide about road traffic accidents and how to claim compensation.
• Learn more about serious injury claims and how to claim compensation.

Additionally, here are a few external pages that might provide you with useful information:

• NHS – advice on what to do if you have suffered a head injury and a concussion.
• NHS – instructions on how to view your medical and health records.
• Gov.UK – how to report a traumatic brain injury to the DVLA.

Thank you for reading our brain injury claims guide. If you have any claim enquiries at all, please feel free to get in touch with us at any time.