To make a head injury claim, you or a loved one will need to prove that a third party’s negligent actions directly caused the injury in question. Sustaining an injury to the head is very serious because it can cause immediate or delayed brain damage, which can result in long-term disabilities and even death. Additionally, such injuries can result in significant financial losses, including lost earnings and care expenses. Our panel of solicitors have robust experience in navigating the personal injury claims process and could also help you.
Here at No Win No Fee Lawyers Direct, our advisors are dedicated to providing you with fast and clear guidance so that you can begin the claims process as quickly as possible. Some of the things our advisors can assist you with are assessing your eligibility, providing a compensation estimate, and explaining how the claim process works, all free of charge. Claimants with eligible head injury claims will be paired with a solicitor from our panel who will provide their legal services on a No Win No Fee basis. Get in touch today using the contact details below:
Contact Us
- Speak to us over the phone on 020 8050 4194
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Frequently Asked Questions
- Who Can Claim Compensation For A Head Injury?
- Common Accidents In Head Injury Claims
- What Are Some Head Injury Examples?
- What Impacts Could a Head Injury Cause?
- How Much Compensation Could Be Claimed For A Head Injury?
- Can Head Injury Compensation Payout For Other Losses?
- Fatal Head Injury Claims
- What Is Needed To Prove Fault For A Head Injury?
- How Long Is The Head Injury Claims Time Limit?
- Why Choose No Win No Fee Lawyers Direct For A Head Injury Claim?
- Head Injury Compensation On A No Win No Fee Basis
- Learn More
Who Can Claim Compensation For A Head Injury?
Those who can claim compensation for a head injury are claimants who can clearly prove that a third party’s negligent actions, such as an employer or another road user, directly caused them to suffer a head injury.
Specifically, in order for you or a loved one to have an eligible head injury claim, you must meet the eligibility criteria below:
- You were owed a duty of care – A person, organisation, or business must have owed you or a loved one a duty of care. This is a legal responsibility to ensure your reasonable health and safety, which means they are responsible for taking reasonable steps to protect it.
- This duty of care was breached – It’s vital that you are able to show that the duty of care owed to you was breached. For example, your employer failed to promptly fix or cordon off workplace hazards.
- The breach caused you or a loved one to suffer a head injury – To have a valid head injury claim, you or a loved one must have suffered a physical injury, psychological injury, or illness. In relation to head injuries, this can range from a minor concussion to facial disfigurement.
Can Head Injury Claims Be Made On Behalf Of A Loved One?
Yes, head injury claims can be made on behalf of a loved one via the role of a litigation friend if they are a minor or an adult lacking mental capacity, as these parties are unable to make their own claim.
The role of a litigation friend is for someone close to the protected person, such as a family member, to manage their claim on their behalf. Specifically, a litigation friend will be responsible for the decision-making, representation and communication with legal practitioners. In the broadest sense, the litigation friend will ensure that the claim is conducted fairly and in the protected party’s best interests.
Are you interested in becoming a litigation friend for a loved one? Let us help you. Call us or speak to us online.
Common Accidents In Head Injury Claims
Head injuries can be caused by a variety of different accidents, ranging from collisions on the road to faulty or defective equipment in the workplace.
Below, we explore the different types of accidents that can cause a head injury in more detail:
Road Traffic Accidents
Road users have a duty of care to one another while using the roads to use them safely to avoid causing damage or injury. This duty also requires them to comply with the Road Traffic Act 1988 and the Highway Code.
A road user failing to meet their duty of care could result in a car accident, such as:
- A driver is texting while driving and fails to spot a pedestrian ahead using the zebra crossing. They fail to stop in time and hit the pedestrian, who suffers a severe traumatic brain injury and several broken bones.
For more information, please head over to our guide on road traffic accident claims.
Accidents At Work
Your employer owes you a duty of care by making sure you are safe while you’re at work, as outlined in the Health and Safety at Work ect. Act 1974. Specifically, your employer must take reasonable steps to ensure your safety.
If your employer fails to meet their legal obligations, the result could be an accident, such as:
- An employer knowingly provides an employee with a faulty ladder. The ladder collapses whilst the employee is using it, causing them to fall from a height and suffer a concussion and a large laceration on their forehead.
For more information, please read our other guide on accident at work claims.
Public Place Accidents
As per the Occupiers’ Liability Act 1957, visitors to public spaces are owed a duty of care by the occupier (the person or company in control over the public place). Specifically, this requires the occupier to take steps to ensure your reasonable safety while you are on the premises.
If an occupier does not do this, the end result could be an accident, such as:
- A restaurant has a hanging sign outside its establishment, and one of the supporting chains has snapped, which the occupier is aware of. The restaurant fails to fix this in a timely manner. A customer passes under it when the sign falls on their head, causing a severe head injury.
For more information, please see our guides on public liability claims.
If you would like to discuss head injury claims or other serious injuries, please connect with an advisor at your earliest convenience.
What Are Some Head Injury Examples?
Some examples of head injuries are concussions, contusions and skull fractures.
Please find some more examples below:
- Traumatic brain injuries
- Intracranial hematoma
- Diffuse axonal injury
- Penetrating head injury
- Scalp lacerations
- Coup-contrecoup injury
- Paralysis caused by a head injury
We can help you with claims involving both minor and serious head injuries. Please contact an advisor straightaway to learn more.
What Impacts Could a Head Injury Cause?
The impacts a head injury could cause can range from headaches from a mild concussion to paralysis and double incontinence from a severe traumatic brain injury.
Some physical impacts a head injury can cause are:
- Memory loss
- Weakness and numbness
- Dizziness and balance issues
- Blurred or double vision
- Tinnitus and hearing loss
- Seizures
- Sleep disturbances such as insomnia
- Speech and language difficulties
- Concentration issues
Consequently, the above physical impacts can have knock-on effects on physiological and emotional functioning, resulting in holistic harm to a person’s well-being.
As an illustration, a claimant who is struggling with their speech after a head injury is finding socialising difficult. They retreat from their social circles and develop depression due to the isolation.
We’re here to listen to the impacts your head injury has had on you. Call us today so we can assist you with what to do next.
How Much Compensation Could Be Claimed For A Head Injury?
The amount of compensation that could be claimed for a head injury ranges from £2,690 to £493,000 according to the Judicial College Guidelines (JCG), depending on the type and severity of the head injury.
When a solicitor sits down to calculate personal injury compensation for a client, they will often use the JCG as guidance. This is because the JCG contains a comprehensive list of different injury types at various severities and suggested compensation brackets for each.
Specifically, a solicitor may use the JCG to work out what you are entitled to in general damages. This is a head of loss that compensates claimants for the pain and suffering they have encountered, both for the physical and psychological effects of their injury.
Below is a table containing carefully selected guideline compensation brackets from the JCG related to head injuries.
Please bear in mind that the top entry has not been sourced from the JCG. Lastly, we kindly ask that you use our table for guidance only.
| INJURY | COMPENSATION BRACKETS | NOTES |
|---|---|---|
| Multiple Severe Injuries Plus Special Damages | Up to £1 Million+ | Multiple severe injuries plus special damages including loss of wages, private medical expenses and future loss of earnings. |
| Brain & Head - Very Severe | £344,150 to £493,000 | This compensation bracket is influenced by several factors ranging from the presence of epilepsy to extent of behavioural problems. |
| Brain & Head - Moderately Severe | £267,340 to £344,150 | The injured claimant will be very seriously disabled with marked impairment of intellect and personality. |
| Brain & Head - Moderate (i) | £183,190 to £267,340 | The injured person will have a moderate to severe intellectual deficit as well as a personality change. |
| Brain & Head - Moderate (ii) | £110,720 to £183,190 | Cases in this bracket will include injured individuals who have suffered a moderate to modest intellectual deficit, the ability to work is greatly reduced if not removed. |
| Brain & Head - Moderate (iii) | £52,550 to £110,720 | The injured party will have issues with concentration and memory and fatigue may be a feature. |
| Brain & Head - Less Severe | £18,700 to £52,550 | There will be a good recovery in this bracket, however, there may not have been a restoration of all normal functions. |
| Brain & Head - Minor Injury | £2,690 to £15,580 | In such cases, brain damage, if any, will have been minimal and certain influential factors will be considered such as the severity of the initial injury. |
Are you wondering how much compensation you might be eligible for in general damages? Simply contact an advisor today to find out.
Can Head Injury Compensation Pay Out For Other Losses?
Yes, head injury compensation can pay out for other losses, specifically financial ones caused by your own or your loved one’s injury, under a head of loss called special damages.
To put this into context, we have provided examples of the types of financial losses that can occur in head injury claims. Please see below:
Lost Earnings
Head injuries can be incredibly serious and require extensive recovery periods. Consequently, claimants may need to take a long period of absence from work to prioritise their health, resulting in significant lost wages.
Future Loss Of Income
Compensation can also cover a future loss of income, including missed workplace benefits and pensions, if the injury requires the claimant to take an extended period off or leave, or leaves them unable to return to work at all or in the same capacity.
Cost Of Care
A head injury can cause significant and long-term changes to a person’s physical capabilities and cognitive abilities. As a result, managing daily life independently can be difficult and require the intervention of professional carers, leading to significant financial losses. Special damages can also cover the cost of gratuitous care from friends and family.
Medical Expenses
Sometimes, claimants will need to pay prescription fees or have private treatment and specialised care for their head injury. For example, a claimant might require a private reconstructive surgery.
Rehabilitation Or Therapies
Rehabilitation and related therapies are an essential part of treatment for those who have suffered a head injury. This is because the brain sometimes needs to relearn skills, regain lost functions and adapt to permanent changes. Notably, this covers physical, cognitive and emotional impairments.
Adaptations To Home
Head injuries can have a big impact on the physical capabilities of claimants, such as paralysis and incontinence. As a result, adaptations to the home will be necessary in order to improve safety and foster independence. This could include installing wet rooms, ramps and stairlifts.
Car Adaptations
The same principle applies to car adaptations, such as installing a ramp or an assisted steering system. Car modifications of this nature are expensive and will inevitably lead to significant financial losses.
Travel Expenses
Head injuries must be closely monitored, as a person’s condition can rapidly deteriorate. As a result, a claimant may need to attend frequent medical appointments, leading to mounting travel expenses, such as taxi fares.
Damage To Personal Belongings
Not only can a person sustain injuries in an accident, but their personal belongings can also be damaged, including electronics, jewellery, glasses, and so on.
Importantly, in order for a claimant to receive special damages to cover any of the above financial losses, they will need to first prove that they have experienced financial difficulties as a direct result of their head injury. The way they would do this is by providing evidence to their solicitor in the form of documented costs such as payslips, receipts and invoices.
Are you wondering how much compensation you might be entitled to in special damages? Ring up an advisor today.
Fatal Head Injury Claims
A fatal head injury claim can only be made when a third party’s negligent actions have caused someone’s death. Notably, in the first 6 months following the person’s death, the Law Reform (Miscellaneous Provisions) Act 1934 permits only the deceased’s estate to make a claim. Importantly, this applies specifically to the deceased’s pain and suffering, as well as any financial losses they may have incurred. Furthermore, the estate can claim on behalf of certain relatives who qualify as dependents.
With that being said, if the estate has not made a claim on their behalf within these 6 months then the dependants can make their own claim for the impact the death has had on them. Notably, this is in accordance with the Fatal Accidents Act 1976 (FAA).
For more information, please read our in-depth guide on fatal accident claims.
Fatal accident claims can be a complex area of law. We can translate the legal jargon for you. Contact an advisor today who will be more than happy to help you.
What Is Needed To Prove Fault For A Head Injury?
As much evidence as possible, such as medical records and CCTV footage, is needed to prove fault for a head injury.
When it comes to evidence, the more you have, the better. So, providing evidence such as photographs or videos of your head injury will significantly strengthen your claim.
Do you want to learn more about gathering proof? Read our other guide on the evidence needed for a personal injury claim.
Does the sound of having to gather evidence for your head injury claim sound daunting? Don’t worry, our panel of solicitors can collect proof for you. Connect with an advisor to find out more.
How Long Is The Head Injury Claims Time Limit?
The head injury claims time limit is generally 3 years from the date you suffered the injury, as per the Limitation Act 1980, however, there are exceptions to this limitation period.
Not sure whether your head injury claim falls within the limitation period? We can take a look at this for you free of charge if you contact us today.
Why Choose No Win No Fee Lawyers Direct For A Head Injury Claim?
You should choose No Win No Fee Lawyers Direct for a head injury claim because we deeply value pastoral care and see it as an integral part of the claims process. We truly believe that effective client support outside the claim itself is very important to preserve our clients’ health and well-being. To make this happen, we provide a robust range of support services, such as:
- Access your taxi account to calculate financial losses from travel costs
- Fight for the highest head injury compensation possible that accurately reflects the harm done, including the physical, psychological and financial
- Collect evidence on your behalf that is relevant and actively strengthens your head injury claim
- Follow all instructions to the letter and meet deadlines promptly
- Send you regular and detailed updates regarding your head injury claim’s progress
Do any of the above services sound useful to you? We’re proud to say that this is not an exhaustive list of what our panel of solicitors have to offer. Ring us today to find out more about our services.
Head Injury Compensation On A No Win No Fee Basis
Our panel of solicitors will offer eligible claimants their legal services on No Win No Fee terms via a specific contract called a Conditional Fee Agreement (CFA). What you need to know is:
- You won’t have to pay upfront solicitors’ fees
- You won’t pay for solicitors’ fees if your head injury claim fails
- You won’t pay any solicitors’ fees while your head injury claim is in progress
- In the event that your head injury claim wins, you will pay a success fee from your compensation. Be assured that this success fee is small and, by law, capped at a limited percentage under the Conditional Fee Agreements Order 2013.
Securing the legal representation clients need is an absolute priority for us, which is why we offer the above funding option. If you would like to work with our panel of specialist head injury solicitors, speak to an advisor today using the contact details below:
- Call us for free on 020 8050 4194
- Contact us online
- Text us using our live chat
Learn More
Here, you will find some more guides written by us:
- Read our guide on manual handling claims.
- Have a read of our guide on claiming pavement trip compensation.
- Take a look at our guide on supermarket accident claims.
These external resources will broaden your knowledge and research:
- Request CCTV footage of yourself from GOV.UK.
- This NHS resource provides information on head injuries and concussions.
- Check your eligibility for Statutory Sick Pay (SSP).
Thank you for taking the time to read our guide on head injury claims.