This guide will explore whether you could claim for a head injury from a car accident. You may have questions such as:
- How do I make a road traffic accident claim?
- What constitutes driver negligence?
- What are the benefits of using road traffic accident solicitors?
We will aim to answer all of those questions as well as explore the criteria that you must meet to be able to claim. Additionally, key areas of the road traffic accident claim process will be explored, for example, how long you have to claim and the evidence you can gather to strengthen your case.
Furthermore, we will look at how much compensation you could be owed in the event of a successful claim. We will also discuss how the whiplash reforms could affect the way you claim and the compensation you could receive.
Please do not hesitate to get in touch with an advisor from our team if you have any questions. They are available to help you at a time that suits you best. To get in touch:
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- When Are You Eligible To Claim For A Head Injury From A Car Accident?
- When Could You Make A Head Injury Claim Due To Driver Negligence?
- What Compensation Could You Receive After A Head Injury From A Car Accident?
- Potential Evidence For A Head Injury Accident Claim
- Use Our Panel Of No Win No Fee Solicitors To Claim For A Head Injury
- Learn More About Making A Road Traffic Accident Claim
Road users have a duty of care to ensure they conduct themselves in a safe manner which prevents them and any other road user from being injured. This is highlighted in the Road Traffic Act 1988, a central piece of legislation. Additionally, The Highway Code offers guidance and rules, some of which are backed up by law.
You may only make a personal injury claim for injuries sustained in a car accident if the harm you experienced was caused by another road user failing to fulfil their duty of care. This is defined as negligence. There are some scenarios that you may not be able to claim. For example, you could be responsible for your own injuries.
If you would like to see whether you are entitled to make a head injury claim, please speak with an advisor from our team.
A road traffic accident can happen in a number of ways. Here are some examples:
- When on the motorway, another driver does not indicate before changing lanes. As a result, your vehicles collide, and you crash, enduring a head injury.
- Another driver is speeding and is unable to stop in time, resulting in them crashing into the back of you while stopped at a pedestrian crossing. Due to this, you sustain a head injury.
- Another driver does not carry out the necessary checks when pulling out at a junction. Consequently, the two vehicles collide and you endure a head injury.
What Is The Time Limit To Make A Road Accident Claim?
If you are making a car accident claim, you generally have 3 years to start this process in accordance with the Limitation Act 1980. The legislation states that there are some exceptions to the time limit, which may apply in the following instances:
- If the injured person is under the age of 18 when the accident occurred
- If they lack the mental capacity to claim for themselves
If you would like more information on these exceptions and whether you could seek compensation, get in touch with our advisors.
The compensation you could receive for a successful claim for a head injury from a car accident, may be split into two heads of claim. Firstly, you receive compensation for any pain or suffering that is caused by your injuries under general damages. This accounts for both physical and mental harm.
In place of a compensation calculator, we have provided you with a table of guideline compensation amounts that have been taken from the Judicial College Guidelines (JCG). Despite these figures being taken from previous court cases, they should only be used as a guideline. This is because every personal injury claim is unique, meaning your settlement could differ.
|Injury||Notes||Guideline Compensation Bracket|
|Head||Very severe (a) The person will require care full time.||£282,010 to £403,990
|Head||Moderately severe (b) Physical or cognitive disabilities that are very serious in nature and mean the person requires constant care.||£219,070 to £282,010|
|Head||Moderate (i) There is an impact personality, the senses with considerable risk of epilepsy and no prospect of employment.||£150,110 to £219,070|
|Head||Moderate (ii) Moderate to modest intellectual impact, such as, not being able to work or the ability to do so majorly decreasing.||£90,720 to £150,110|
|Head||Moderate (iii) Concentration and memory are impacted, there is a small risk of epilepsy and the ability to work is reduced.||£43,060 to £90,720|
|Head||Less severe (d) A good recovery has occurred, allowing the injured person to return to daily life tasks.||£15,320 to £43,060|
Secondly, you might be awarded compensation for any financial losses that are endured as a result of your injuries under special damages. This could include:
- Travel costs
- Loss of earnings
- Medical expenses
- Care costs
- Home adaptations
How Do The Whiplash Regulations Impact How You Claim?
The way that whiplash claims are made has changed since the 31st of May 2021. If you are a driver or passenger over the age of 18 and your injuries are valued at £5,000 or below, your claim must be made through the government’s Official Injury Claims portal. This is in line with the Whiplash Reform Programme.
The new method means that the tariff in The Whiplash Injury Regulations 2021 will be used to value your whiplash injuries. These tariff amounts may be applicable to claims that aren’t made through the government’s Official Injury Claims portal. This is because they apply to all occupants inside a vehicle. However, any injuries not included in the tariff will be valued in the traditional way.
Our advisors can provide further information on the whiplash reforms and how much compensation you could be owed if your claim succeeds. Call them on the number above.
As previously stated, you must be able to prove that you suffered harm as a result of another driver’s negligence to be able to claim. One of the most effective ways this can be done is by gathering evidence. You may wish to do this using the following methods:
- Gathering witness contact details to allow witness statements to be taken at a later date
- Acquiring CCTV footage or dashcam footage of the incident
- Logging your symptoms, treatments and any psychological impact in a diary
- Keeping a copy of medical records after treatment
- Taking pictures of your injuries
- Showing any monetary losses incurred with a receipt or invoice
One of our experienced advisors can provide more details as to the evidence that you can gather to support your claim for a head injury.
A No Win No Fee solicitor can be of significant help when building and presenting your case. In some cases, they may offer you a Conditional Fee Agreement (CFA) which typically negates any payments for your solicitor’s services upfront or while your claim is ongoing.
Furthermore, a CFA generally means that you do not have to pay for your solicitor’s services if your claim is unsuccessful. However, if your claim is a success, you will have to pay. Under these circumstances, a legally capped success fee will be subtracted from the compensation you receive and paid to your solicitor.
If you get in touch with an advisor from our team and they find you have a valid claim, they could set you up with a car accident claim solicitor from our panel who may represent you on a No Win No Fee basis.
To get in touch:
Here we have included more of our own guides that could be of use to you:
- Making a claim with the MIB after an accident with an untraced driver
- Can I claim for an HGV accident?
- Compensation after an accident on public transport
Moreover, we have provided you with further reading related to a road traffic accident:
Thank you for reading this guide on how to claim if you suffer a head injury from a car accident. If you have any more queries, please get in touch with an advisor from our team.