This article explains the process of making head injury claims in the UK, covering compensation payouts, types of injuries, evidence requirements, and common causes. It highlights the role of no-win, no-fee agreements and expert legal guidance to help claimants secure justice for injuries sustained due to negligence.
Key Takeaways
- Head injury claims include compensation for pain, suffering, medical costs, and lost earnings caused by negligence or unsafe practices.
- Claims cover injuries like concussions, skull fractures, brain haemorrhages, and psychological trauma due to road accidents or workplace incidents.
- Evidence such as medical records, photos, and witness statements strengthens a head injury compensation claim, often handled on a no-win, no-fee basis.
Jump To Section
Head Injury Compensation Payouts And Amounts
Who Can Make Head Injury Claims?
What Types Of Head Injuries Can You Claim Compensation For?
What Are The Causes Of Head Injuries?
Do I Need Evidence To Make A Head Injury Claim?
Work With Fentons For Head Injury Claims
Links Related To Making A Head Injury Claim
Head Injury Compensation Payouts and Amounts
Head injuries are among the most severe and life-altering injuries one can sustain. Under UK law, those who suffer such injuries due to another party’s negligence may be entitled to head injury compensation. The Judicial College Guidelines provide a framework for determining compensation amounts, accounting for the severity of the injury and its impact on the claimant’s life.
Compensation is divided into two categories: general damages and special damages. General damages compensate for pain, suffering, and loss of amenity, while special damages address financial losses such as medical expenses, loss of earnings, and rehabilitation costs.
The compensation amounts vary significantly depending on the nature and extent of the injury:
Head Injuries can be up to £1 Million Plus depending on extras for example loss of earnings or care claims.
- Minor head injuries: £2,210 to £12,770
- Moderate brain damage: £43,060 to £219,070
- Severe brain damage: £240,590 to £403,990
It is essential to note that these figures are guidelines, not guarantees. Each case is assessed individually, with factors such as the claimant’s age, prognosis, and the extent of ongoing care required influencing the final award. Additionally, courts consider the impact on the claimant’s family, employment prospects, and overall quality of life.
| Injury | Severity | Description | Compensation |
|---|---|---|---|
| Head | Moderate (i) | Situations involving a moderate to severe intellectual impairment, noticeable alterations in personality, impact on vision, speech, and sensory functions, accompanied by a high likelihood of epilepsy and no potential for future employment. | £183,190 to £267,340 |
| Moderate (ii) | Instances where there is a moderate to mild intellectual impairment, a significant reduction or complete loss of the ability to work, and a certain level of risk for epilepsy. | £110,720 to £183,190 | |
| Moderate (iii) | Instances where concentration and memory are impacted, leading to a diminished capacity for work, with fatigue as a potential factor. While dependence on others is minimal, there may still be a slight risk of epilepsy, along with vestibular symptoms and sensory disturbances. | £52,550 to £110,720 | |
| Psychiatric | Moderately Severe | These cases will involve considerable issues related to severity. While there are awards that cover both ends of this range, most fall closer to the midpoint. Instances of psychiatric harm arising from a negligent stillbirth or a traumatic childbirth are often included in this category. Additionally, cases of work-related stress leading to a permanent or prolonged condition that prevents a return to comparable employment are typically classified within this group. | £23,270 to £66,920 |
| PTSD | Severe | Such cases will involve permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level. All aspects of the life of the injured person will be badly affected. | £73,050 to £122,850 |
For example, a young adult who suffers severe brain damage and requires lifelong care would typically receive a higher payout than an older person with a similar injury. This approach ensures fairness by tailoring compensation to the unique circumstances of each case.
Who Can Make Head Injury Claims?
In the United Kingdom, the principle of negligence underpins personal injury law, including head injury claims. For a head injury compensation claim to succeed, the claimant must establish three elements:
- The defendant owed a duty of care.
- The defendant breached that duty.
- The breach caused the injury.
Anyone who has suffered a head injury due to the negligence of another may bring a claim. This includes:
- Employees injured at work due to unsafe practices, contrary to the Health and Safety at Work Act 1974.
- Road traffic accident victims where another driver is at fault.
- Public liability cases, such as slipping on a wet floor in a shop without adequate warning signs.
If the injured party is a child or lacks mental capacity, a litigation friend—often a parent, guardian, or legal representative—may bring the claim on their behalf, pursuant to the Civil Procedure Rules. In such cases, the court’s approval is required to settle the claim to ensure the award is in the injured party’s best interests.
Furthermore, individuals who sustain injuries due to criminal acts, such as assaults, may seek compensation through the Criminal Injuries Compensation Authority (CICA). This government-run scheme provides compensation where civil claims may not be feasible due to the perpetrator’s financial situation. However, such claims have additional eligibility criteria, including prompt reporting of the incident to the police.
What Types of Head Injuries Can You Claim Compensation For?
The range of head injuries that may form the basis of a claim is broad, encompassing both physical trauma and psychological effects. Common types include:
- Concussions: Often resulting from sports injuries or road traffic accidents, concussions are classified as mild traumatic brain injuries (mTBIs). While symptoms such as dizziness or headaches may resolve quickly, some cases lead to prolonged post-concussion syndrome, which can significantly impact daily life. Individuals may pursue a concussion claim if negligence is proven.
- Skull fractures: A direct blow to the head may cause a fracture, ranging from simple linear fractures to more complex, depressed fractures requiring surgical intervention. In severe cases, skull fractures may lead to permanent neurological deficits.
- Brain haemorrhages: Internal bleeding, such as subdural or epidural haematomas, can be life-threatening and often necessitates immediate medical attention. These injuries may result in permanent brain damage, memory loss, or cognitive impairment and are frequently cited in brain damage claims.
- Diffuse axonal injuries (DAIs): A severe form of brain injury caused by the tearing of brain tissues due to rapid acceleration or deceleration. This is commonly seen in car crashes or falls from height and often results in long-term or permanent disability.
- Psychological trauma: In some cases, claimants experience conditions such as post-traumatic stress disorder (PTSD) alongside physical injuries. Psychological trauma can exacerbate the effects of head injuries, leading to anxiety, depression, or difficulty reintegrating into normal life.
The degree of impairment varies, with long-term consequences ranging from cognitive difficulties to total loss of independence. Compensation reflects both the immediate effects and the ongoing impact on the claimant’s quality of life, as well as the need for future care and assistance. Minor head injury compensation is typically awarded for cases with less severe impacts but still takes into account any temporary disruption to the claimant’s life.
What Are the Causes of Head Injuries?
Head injuries can arise from a multitude of scenarios, often due to negligence or breach of duty. Some of the most common causes include:
- Road traffic accidents: These are a leading cause of head injuries in the UK. Whether as a driver, passenger, cyclist, or pedestrian, victims of collisions may suffer anything from mild concussions to catastrophic brain injuries. The Highway Code imposes duties on all road users to act responsibly, and failure to do so can result in liability.
- Workplace accidents: Falls from height, being struck by falling objects, or incidents involving heavy machinery frequently lead to head injuries. Employers have a statutory duty under the Health and Safety at Work Act 1974 to ensure a safe working environment. Failure to provide adequate training, equipment, or risk assessments may constitute negligence. A head injury at work claim can arise from such breaches of duty.
- Slips, trips, and falls: Uneven pavements, wet floors, or poorly maintained public spaces often lead to injuries for which local councils or private entities may be liable. The Occupiers’ Liability Act 1957 requires property owners and occupiers to take reasonable steps to ensure visitor safety.
- Sporting injuries: While participants in contact sports accept a degree of inherent risk, negligence—such as inadequate supervision, poorly maintained facilities, or faulty equipment—may still give rise to claims.
- Criminal assaults: Victims of violent attacks may pursue compensation either through a civil claim or the Criminal Injuries Compensation Authority (CICA). Compensation awards under the CICA scheme are typically less than those awarded in civil claims but may be the only viable option where the perpetrator cannot be held accountable financially.
The key to any claim is establishing that the injury was not merely an accident but the result of another party’s failure to act with reasonable care. Legal advice is often essential in determining whether the circumstances meet the threshold for a successful claim.
Do I Need Evidence to Make a Head Injury Claim?
Evidence is pivotal in personal injury claims. Without it, a claim is unlikely to succeed, no matter how apparent the negligence may seem. Claimants must provide proof of the following:
- Liability: Photographs, CCTV footage, or witness statements can establish the circumstances of the incident and demonstrate the defendant’s fault. Accident reports, such as those recorded in a workplace accident book, can also serve as crucial evidence.
- Causation: Medical records and expert testimony are critical in linking the defendant’s actions to the injury sustained. For instance, hospital discharge summaries and diagnostic scans provide objective evidence of the injury’s severity and its immediate effects.
- Damages: Evidence of financial losses, such as payslips, invoices for medical treatment, and receipts for travel expenses, is necessary to substantiate special damages. Future losses, including loss of earning capacity and anticipated care costs, may require actuarial evidence.
In addition, a medico-legal report from an independent medical expert is typically required. This report details the nature of the injury, the prognosis, and the extent to which the injury impacts the claimant’s daily life. It also serves as a foundation for calculating compensation, particularly in complex cases involving long-term care needs or diminished earning capacity.
The Limitation Act 1980 stipulates that claims must generally be brought within three years of the date of injury or the date the claimant became aware of the injury. Exceptions exist for minors and those lacking capacity, but prompt action is always advisable to avoid evidentiary challenges.
Work With Fentons For Head Injury Claims
Choosing the right legal representation is crucial. Fentons, as specialists in personal injury law, offer a wealth of experience and a client-centred approach. Our team understands the complexities of head injury claims, ensuring that every client receives the personalised support they require.
We offer:
- A free initial consultation to assess the merits of your claim.
- No-win, no-fee agreements, ensuring that you do not face financial risk if your claim is unsuccessful.
- Access to a network of medical experts to provide the necessary evidence for your case.
- Guidance on interim payments to address immediate financial pressures, such as rehabilitation costs, while the claim progresses.
Our team of experts have secured millions in compensation for clients, helping them rebuild their lives after devastating injuries. We pride ourselves on delivering justice with efficiency and compassion. Whether negotiating settlements or advocating in court, we are committed to achieving the best possible outcomes for our clients. Contact us to get your claim started.
Links Related To Making A Head Injury Claim
Headway – The Brain Injury Association: Provides comprehensive information on brain injuries and the compensation claim process.
Citizens Advice – Claiming compensation for a personal injury: Provides information on how to claim compensation for personal injuries, including time limits and legal considerations.
NHS – Head injury and concussion: Offers medical information on head injuries and concussions, including symptoms, treatment, and when to seek medical attention.
