Have you suffered a brain injury that was the fault of someone who owed you a duty of care? If so, you could be entitled to make a brain injury claim. To be able to make a personal injury claim, you must be able to prove that a third party owed you a duty of care and it was breached, resulting in harm.
There are many places you could be subject to a brain injury. For example, you could be involved in an accident at work, in a public place or a road traffic accident. We will explore these areas in greater detail later in this guide.
If you would prefer to speak to one of our advisors, you can. They are available 24/7 to offer free legal advice. You can get in touch via:
- The number at the top of the page
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Brain injury claim guide
Choose A Section
- Can I Make A Brain Injury Claim? – A Guide
- Brain Injury Claim – Am I Eligible to Make One?
- Top Tips For A Brain Injury Claim
- What Is The Personal Injury Claim Time Limit?
- What Could I Receive From A Personal Injury Claim?
- No Win No Fee Solicitors – Why Use Them?
- Learn More About About The Personal Injury Claim Process
Can I Make A Brain Injury Claim? – A Guide
The brain is an extremely crucial part of the human body. Brain injuries can vary from relatively minor to fatal injuries. According to the NHS, the symptoms you may suffer if you sustain a head injury include:
- Concussion
- Unconsciousness
- Problems with speech
- Vomiting
- Fatigue or weakness
- Memory loss
- Permanent brain damage
For more information on personal injury claims, do not hesitate to get in touch with one of our advisors. If you have a valid claim, they may be able to provide you with a lawyer from our panel.
Brain Injury Claim – Am I Eligible to Make One?
In order to make a successful brain injury claim, you must prove:
- The third party had a duty of care toward you
- That duty of care was breached
- The breach of duty of care resulted in you sustaining injuries
Below we have included examples of when you could be owed a duty of care and how this could be breached.
Accidents At Work
One area in which you are owed a duty of care is in the workplace. This is outlined by the Health and Safety at Work etc. Act 1974 which states that employers must take reasonable steps to ensure the safety of their employees whilst at work.
Failure to uphold this duty of care could result in negligence, which is where a breach of duty of care leads to harm. For example, you might trip on a trailing lead that has not been adequately covered and bang your head, leading to a concussion.
For more information on the compensation for workplace injuries that could be awarded, get in touch with a member of our team.
Road Traffic Accidents
Another area where you are owed a duty of care is on the road. The Road Traffic Act 1988, in conjunction with The Highway Code, states that all road users must ensure the safety of all other road users. The Road Traffic Act 1988 is legislation, and while the Highway Code is not a law itself, some of the guidance found in it is elsewhere backed up by law.
Failure to follow these rules would be a breach of their duty of care. This could cause an accident in which another road user is injured.
If you have been involved in a road traffic accident that was somebody else’s fault, you could be eligible to make a road traffic accident claim. Get in touch to find out more.
Accidents in a Public Place
You may also suffer an accident in a public place. Under the Occupiers’ Liability Act 1957, those who control a public place such as a park or street must ensure its safety for its intended purpose. The person in control of a space is called the “occupier”, although there’s no requirement for them to physically occupy the space.
For instance, the local authority may have failed to fill in a pothole on a footpath despite having a reasonable time to do so after being made aware of the issue. Consequently, you may slip, trip or fall on it and fracture your skull. As a result, you may be entitled to make a slip and trip claim against the council.
If you have been involved in an incident that seems similar to any of the above, you may be able to make a personal injury claim. To find out more, get in touch with one of our advisors.
Top Tips For A Brain Injury Claim – What Evidence Could Help You?
Your first consideration should always be to seek medical attention. Not only does this allow you to get the required treatment for your injuries, but it also generates medical records that can be used to support your claim.
Then you should:
- Gather witnesses’ contact details for a statement to be taken at a later date
- Acquire any CCTV/dashcam footage of the scene that shows the incident
- Take photographs of your injuries and/or the scene of the accident
- Fill out an accident book (if applicable)
Lastly, you should seek legal advice. Our advisors offer free legal guidance and may be able to help you with the brain injury claim process.
What Is The Personal Injury Claim Time Limit?
Generally, you have 3 years to start a personal injury claim as outlined by the Limitation Act 1980. This can be from the date of the accident or from when you connected (or would have been expected to connect) your injuries with negligence.
However, there are some exceptions to the 3-year time limit. For example, if you are under the age of 18 when you sustained your injuries or if you lack the mental capacity to claim yourself, then the time limit can be extended.
Under these circumstances, you have 3 years from the date when you become able to claim by yourself, if applicable. This means the date you turn 18 or are deemed to be mentally capable of claiming yourself.
Before this time, there is no time limit attached to your case. A litigation friend could pursue your claim for you while you’re unable to do so.
For more information on litigation friends and the time limitation surrounding brain injury claims, get in touch with a member of our team.
What Could I Receive From A Personal Injury Claim?
If your brain injury claim is successful, the payout you could receive might be made up of two heads of claim. Firstly, you could receive general damages. This head of claim compensates you for any pain and suffering, either physically or psychologically, caused by your injuries.
We have included a table using figures from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals can use to aid them when valuing claims.
However, these figures should only be used as a rough guideline because each personal injury claim is unique, and your settlement could be different.
| Body Part | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Head | Very severe | £282,010 to £403,990 | An injury that includes quadriplegic cerebral palsy resulting in severe cognitive and physical disabilities |
| Head | Moderately severe | £219,070 to £282,010 | An injury resulting in considerable disabilities and leading to considerable dependence on others. |
| Head | Moderate (i) | £150,110 to £219,070 | Modest to serious intellectual effects, for example the effect on sight or speech. |
| Head | Moderate (ii) | £90,720 to £150,110 | Medium to modest intellectual deficit such as not being able to walk or their ability to do so being significantly lowered. |
| Head | Moderate (iii) | £43,060 to £90,720 | Symptoms for instance an impact on concentration or memory in conjunction with a small risk of epilepsy. |
| Head | Less severe | £15,320 to £43,060 | A sizeable recovery has taken place which allows the injured person to return to normalities such as socialising and work. |
| Head | Minor | £2,210 to £12,770 | Brain damage, if any, will be minimal. |
| Epilepsy | Established Grand Mal | £102,000 to £150,110 | Grand Mal seizures |
| Epilepsy | Established Petit Mal | £54,830 to £131,370 | The amount that's awarded will be affected by factors such |
| Other Epileptic Conditions | N/A | £54,830 to £131,370 | Where there are only a couple of discreet episodes of epilepsy or a temporary resurgence of an epilepsy where there's no risk of future resurgence beyond the risk that exists in the population at large. |
Other Potential Damages From A Personal Injury Claim
Furthermore, special damages could also be included in your brain injury claim settlement. This head of claim seeks to reimburse you for any financial losses experienced due to your injuries.
Special damages can reimburse you for:
- Travel costs
- Care costs
- Medical expenses
- Home adaptations
- Loss of earnings
You will need to provide evidence of special damages as, without it, you might not be fully compensated for the impact that the accident has had on you. To find out more about the compensation for your injuries that you could receive, please get in touch with a member of our team.
No Win No Fee Solicitors – Why Use Them?
Seeking representation on a No Win No Fee basis can be hugely beneficial financially. A popular No Win No Fee method amongst many claimants is a Conditional Fee Agreement (CFA).
Having a brain injury claim solicitor represent you under a CFA means that you generally do not have to pay them unless your case is won. Furthermore, if your case is lost, there are no legal fees to be paid to your solicitor.
In addition, there are no legal fees to pay your solicitor upfront or whilst your case is ongoing. You will have to pay a success fee if you win your case and receive compensation for your injuries; however, this is legally capped and will be deducted from your compensation for your brain injury before it reached you.
Contact Us Today To Get A Free Consultation
Working with one of the personal injury claim solicitors from our panel could make the process of claiming brain injury compensation smoother and less stressful.
Please do not hesitate to get in touch with one of our advisors who may connect you with an No Win No Fee solicitor from our panel. To get in touch:
- Call the number at the top of the page
- Visit our contact us page
- Use the live chat feature
Learn More About About The Personal Injury Claim Process
We have provided you with some additional reading relative to brain injuries:
- Support and guidance on brain injuries via Headway
- Accident at work statistics provided by the Health and Safety Executive
- Road accident and safety statistics via the Department for Transport website
We have also included our own guides regarding the personal injury claim process:
- Can your employer sack you after an accident at work?
- Can you claim after an accident on public transport?
- How to claim for a supermarket accident accident
- The Personal Injury Claims Process
- Which Claims Fall Under Personal Injury?
- Top Tips for Making a Gym Accident Claim
- What Are No Win No Fee Agreements In Personal Injury Law?
- What Evidence Is Needed For A Personal Injury Claim?
- What You Need To Know About Neck Injury Claims
- A Guide To Restaurant Accident Claims
- Compensation Payout For A Nursery Accident
- Find Personal Injury Solicitors Near You
- Compensation Amounts For A Broken Leg Claim
- How Much Is A Head Injury Claim Worth?
- How To Claim Accident In A Supermarket Compensation
- How To Successfully Claim Compensation For A Nose Injury
- Making A Claim For An Accident In A Nursery
- What Is The Personal Injury Claims Time Limit?
- Shoulder Injury Claims Explained
- What Are The Payouts For Arm Injury Claims?
- Compensation For Theme Park Accident Claims
- How To Make A Hand Injury Claim
- Slipping On A Wet Floor Compensation Claims
- A Guide To Making Eye Injury Claims
- PTSD Claims Guide
- Advice For Claiming For A Toe Injury
- We also have a guide on claiming for injuries after falling down the stairs in a public area.
Thank you for reading our guide on making a brain injury claim.
Writer Beck Patcher
Publisher Fern Stewart