By Lewis Holly. Last Updated 19th September 2022. This guide will look at examples of compensation payouts in relation to head injury claims. Have you suffered from a head injury after a road traffic accident or a workplace accident? You may be entitled to compensation for a head injury. We will highlight the steps you need to take to start your claim and how you could increase your chances of success.
In certain places, such as the workplace and on public roads, a third party owes you a duty of care. We will discuss this in more detail further in this guide. Furthermore, we’ll explain how you can make a claim after this duty of care is breached.
To conclude, we will discuss how legal representation could benefit your claim. You might be worried about how much this could cost; if so, we explain how a No Win No Fee agreement could help.
Our team of advisors are available to discuss your head injury claim and help you start the process. If you have any questions regarding personal injury or your particular case, please contact us using the details below:
- Call us using the number at the top of the webpage
- Reach us through the contact form
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Head injury claim guide
Choose A Section
- How Do I Make A Successful Head Injury Claim?
- How Can Head Injuries Happen?
- How Can I Prove A Personal Injury Claim?
- Head Injury Compensation Payouts
- No Win No Fee Agreements and Head Injury Claims
- Read More About Making A Head Injury Claim
How Do I Make A Successful Head Injury Claim?
In order to make a personal injury claim, you must first determine who is at fault for the accident. Self-inflicted injuries where the accident is wholly your fault are not eligible for compensation. Furthermore, accidents that happen out of anyone’s control will not be the basis of a valid claim.
To make a claim, third-party negligence must have caused your injuries. Proving this is essential in claiming compensation.
Certain third parties, including your employer, have a duty of care. This means that they have a responsibility towards your safety.
This breach in duty of care can lead to:
- A workplace accident. For example, a skull fracture occurs when you’re hit with a moving object.
- Accidents in public places including parks, gyms and restaurants
- Road traffic accidents, including ones where you’re cycling or are travelling on public transport.
For more information and advice on whether you have a valid head injury claim, you can contact our team. They may be able to connect youwith a lawyer from our panel.
Reported Head Injury Statistics
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations is a piece of legislation that states certain specified injuries need to be reported to the Health and Safety Executive (HSE). They’ve released statistics relating to accidents in Great Britain during 2020/21.
During this time, 51,211 non-fatal injuries were reported and 512 of which included loss of consciousness caused by head injury or asphyxia. This equates to 4% of the reported injuries.
How Can Head Injuries Happen?
Head injuries can happen in various ways. As we’ve mentioned, your accident would have to have happened because of a breach of duty of care in order for you to claim.
The Health and Safety at Work etc. Act 1974 is a central legislation that states that a duty of care is owed to all staff from their employer. This responsibility means your employer must do everything they reasonably can to keep you and your colleagues safe. If this was breached, for example by your employer failing to ensure that walkways are free from obstructions, this could cause trip, slip and fall accidents
You could also claim compensation from a head injury after a car accident if a third party was liable. Outlines for road traffic safety can be seen in the Highway Code, and the duty of care that road users owe one another is established in the Road Traffic Act 1988. A breach of this duty of care could include pulling out of a road without checking that it was safe to do so and colliding with another car.
If your accident occurred in a public place such as a local park, supermarket or library, similar to road traffic accidents, you could claim for compensation for a head injury. The party in control of the public place, such as the local council, can be held accountable for your accident if their negligence was the reason for it. This duty of care is set out in the Occupier’s Liability Act 1957 and it states that the party in control needs to take steps to ensure your safety.
For more information on when you might be eligible to make a head injury claim, speak with an advisor today.
How Can I Prove A Personal Injury Claim?
It is essential that you receive medical treatment for a head injury as soon as you can after the accident has taken place. Treatment for a head injury can vary depending on the severity of your condition, but seeking medical attention quickly gives you the best chance of recovery.
You may also be required to attend an independent medical assessment. This will show the severity of your injuries and help value your claim correctly. Furthermore, it will prove that your injuries are consistent with the incident.
Additional evidence can include:
- Witness statements from people present when the accident took place. You can collect contact details so that a legal professional can take one.
- CCTV footage showing the accident taking place.
- Photographs of the scene as well as your injuries after the accident
- A workplace accident book report
For more information on collecting evidence for your head injury claim, contact our team of advisors. We are available at any time that suits you to offer free legal advice.
Head Injury Compensation Payouts
You might be interested in knowing what head injury compensation payouts in the UK could include. If you claim successfully, your payout could include special damages and general damages. General damages relates to the pain and suffering caused by your injuries, as well as the impact on your quality of living.
We have taken head injury compensation payouts from the Judicial College Guidelines (JCG) to create the table below. The JCG, now in its 16th edition after being updated in April 2022, is used by legal professionals to value personal injury claims. These figures only apply to claims made in England and Wales.
| Injuries | Compensation Ranges | Notes |
|---|---|---|
| Very Severe Injury Resulting from Brain Damage | £282,010 to £403,990 | Life expectancy is significantly lowered. |
| Moderately Severe Injury Resulting from Brain Damage | £219,070 to £282,010 | The extent of any behavioural problems influence the size of the award within this bracket. |
| Moderate (i) Injury Resulting from Brain Damage | £150,110 to £219,070 | The ability to work is significantly reduced. |
| Moderate (ii) Injury Resulting from Brain Damage | £90,720 to £150,110 | There may be risk of epilepsy. |
| Moderate (iii) Injury Resulting from Brain Damage | £43,060 to £90,720 | Memory and concentration may be affected. |
| Less Severe Injury Resulting from Brain Damage | £15,320 to £43,060 | A good recovery will have been made but not all normal functions will have restored. |
| Minor Injury Resulting from Brain Damage | £2,210 to £12,770 | The level of award is affected by how long recovery takes. |
| Established Grand Mal | £102,000 to £150,110 | Symptoms include uncontrolled convulsions. |
| Established Petit Mal | £54,830 to £131,370 | Your ability to work or socialise is affected. |
| Other Epileptic Conditions | £10,640 to £26,290 | Injuries may impact your quality of living. |
Please note that the above figures are only to be used as guidelines. The final settlement you may receive could also include any special damages, which compensate you for any financial loss or harm caused by your injuries.
With head injury claims, payouts for special damages may include:
- Loss of earnings
- Medical fees
- Travel expenses
- Home adaptations
It’s worth keeping any records of your financial losses, for example, payslips, receipts or invoices, as they may be used as evidence to support your claim.
A solicitor from our panel could help you gather evidence to prove your personal injury claim and give you a more accurate value of your anticipated settlement. Speak to an advisor for free to find out more.
No Win No Fee Agreements and Head Injury Claims
Legal representation can make the process of pursuing a head injury claim as stress-free as possible. No Win No Fee agreements allow you to access the help and guidance of a solicitor without any upfront fees. There is also no charge for the duration of your claim. Furthermore, there’s nothing to pay for their services if your claim is unsuccessful.
In the event that you are awarded a settlement, you will be required to pay a legally capped success fee to your solicitor. This is a small percentage so you won’t be overcharged.
Our panel can put you through to a No Win No Fee solicitor if they believe your claim has a chance at success. For more information on how to contact our team today, see below.
If you’re looking to start the process for a head injury claim, our team of advisors can help you with the first steps. Seeking out compensation for a head injury due to third-party negligence can be a daunting prospect. Our advisors are here to support you.
You can contact our panel using the following details:
- Call us on 0113 460 1215
- Use our live chat feature to speak to an advisor instantly
- Complete the contact form and an advisor will get back to you
Read More About Making A Head Injury Claim
We’ve included the following links
The NHS key statistics are available here, including information on hospital waiting times.
For information on preventing road traffic accidents, the Department of Transport helps road users understand road safety using their Think! program.
The Royal Society for the Prevention of Accidents have guidance on preventing accidental injury.
Additionally, to see more of our guides, please see below:
- Example Compensation Awards For Brain Damage After An Accident At Work
- Personal Injury FAQs
- How To Claim Compensation For A Nose Injury
- What is a Facial Disfigurement Claim Worth?
If you have any more questions about making a head injury claim, please get in touch.
Writer Jess Angler
Publisher Fern Stringer
