In this guide, we will look at the brain injury compensation claims process. If you’ve been injured in an accident caused by a third party breaching the duty of care they owe you, you may be able to make a traumatic brain injury claim. We will discuss the eligibility requirements in more detail throughout this guide.
Additionally, we will explore which third parties owe you a duty of care and how if this duty is not upheld, it could result in different types of accidents. For example, accidents at work, road traffic accidents and accidents in a public place.
Furthermore, we will discuss the compensation you could be awarded following a successful claim.
If you are interested in hiring a solicitor to represent your claim, you may benefit from working with the No Win No Fee solicitors from our panel. We will explore the services they can offer in more detail throughout this guide.
Please continue reading to learn more about the different types of personal injury claims. Alternatively, you can get in touch with an advisor from our team by:
- Calling 0113 460 1216
- Filling out our contact form
- Chatting with an advisor via the live chat feature below.
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- Brain Injury Compensation Claims – A Guide
- The Importance of Duty of Care When Making A Traumatic Brain Injury Claim
- Potential Brain Injury Compensation Payouts
- How To Make A Personal Injury Claim
- Why Use No Win No Fee Solicitors When Seeking Brain Injury Compensation?
- Learn More About Brain Injury Compensation Claims
There are several types of brain injuries that could occur. Additionally, the injuries can range in severity. For example, a person could sustain a minor head injury with a concussion that they recover from without any permanent issues or they could sustain severe brain damage that causes them ongoing and permanent issues.
In some cases, you may be able to seek compensation for the way your injury has impacted your quality of life. However, to make a personal injury claim you would need to demonstrate that negligence occurred. Negligence involves a third party breaching the duty of care they owed you and causing you to experience physical or psychological harm as a result.
We will explore the duty of care certain third parties owe you in more detail in the following section. Continue reading to learn more. Alternatively, for more information about the brain injury compensation claims process, please get in touch on the number at the top of the page.
You may be wondering ‘how do personal injury claims work?’. It’s important to prove that a third party breached the duty of care they owed you. A duty of care is a legal obligation that certain third parties have to ensure the safety of others.
Employers have a duty of care to take reasonable steps to keep their employees safe. This is set out in the Health and Safety at Work etc. Act 1974.
The responsibilities an employer has as part of their duty of care can vary depending on the industry in which they work. However, generally, employers are expected to perform regular risk assessments. This is to ensure that they can remove or reduce the risk of any known hazards to prevent employees from injuring themselves whilst at work. A failure to do so could lead to an employee falling from a faulty ladder and sustaining a brain injury.
As per the Occupiers’ Liability Act 1957, the person in control of a public space has a duty of care to ensure the reasonable safety of visitors using the space for its intended purpose. A failure to do so could result in someone slipping on a wet floor in a supermarket because there was no adequate signage to make people aware of the hazard.
The duty of care for road users is outlined in the Road Traffic Act 1988. The Highway Code also provides guidance and rules, some of which are backed by law, for different road users. As part of their duty of care, road users are expected to navigate the roads in a way that reduces the risk of others sustaining harm.
To learn more about brain injury compensation claims, get in touch on the number above.
As with all compensation payouts, amounts can vary depending on several factors, such as the severity of the incident and your lasting injuries. However, generally, your settlement could include general damages and special damages.
General damages seek to compensate for the pain and suffering your injuries have caused you to experience. Solicitors can use the Judicial College Guidelines to help them value this head of claim. This is a document containing guideline compensation brackets that correspond to different injuries. We have used the figures in this document to create the table below.
Please note, the figures in the table are not guaranteed because of the different factors that will be assessed when calculating your compensation.
Injury Guideline Compensation Amount Notes
Brain Damage £282,010 - £403,990 (a) Very Severe: The person will need full-time care.
Brain Damage £219,070 - £282,010 (b) Moderately Severe: The person will have a very serious disability and will need constant professional care.
Brain Damage £150,110 - £219,070 (c) Moderate (i): The person will have an intellectual deficit of a moderate to severe intellectual deficit amongst other problems.
Brain Damage £90,720 - £150,110 (c) Moderate (ii): The person will have an intellectual deficit of a moderate to modest nature amongst other problems.
Brain Damage £43,060 - £90,720 (c) Moderate (iii): The person will experience an impact on their concentration and memory and their ability to work amongst other problems.
Brain Damage £15,320 - £43,060 (d) Less Severe: A good recovery is made and the person will be able to take part in a normal social life as well as being able to return to work.
Brain Damage £2,210 - £12,770 (e) Minor Injury: Minimal brain damage, if there is any at all.
Epilepsy £102,000 - £150,110 (a) Established Grand Mal.
Epilepsy £54,830 - £131,370 (b) Established Petit Mal
Epilepsy £10,640 - £26,290 (c) Other epileptic conditions including cases with one or two discrete epileptic episodes.
What Else Could You Receive When Making A Brain Injury Claim?
You could also receive special damages as part of your settlement. This head of claim seeks to compensate for the financial losses you experienced due to your injuries. Examples of the losses you could claim back include:
- Loss of earnings
- Medical expenses, such as the cost of medication
- Care costs
- The cost of home adaptations
You will have to provide evidence to claim special damages, including receipts, bank statements, or prescriptions.
To learn more about the brain injury compensation you could receive following a successful claim, please get in touch using the number at the top of the page.
As part of the brain injury compensation claims process, it’s important that you prove negligence caused you harm. To do this, you can provide evidence such as:
- Witness contact details
- CCTV footage
- Photographs of the accident or your injuries
- Keeping a diary during your treatment
- Keeping copies of medical records
If you’re unsure about how to collect evidence, you can contact our advisors who are always on hand to offer you free legal advice. If an advisor can confirm that your claim is valid, then you could be connected with one of the brain injury solicitors from our panel.
You may also be wondering how long you have to start a personal injury claim. As per the Limitation Act 1980, the standard time limit for starting a claim is generally three years from the date of the initial accident. This time limit can also begin from the date you become aware of your injuries being caused by negligence.
Though, there are exceptions to this rule. For example, if the injured person lacks the mental capacity to put forward their own claim, the time limit is suspended. During this time, a suitable person could apply to act as a litigation friend on the injured person’s behalf. Similar exceptions can be made if the injured person is under the age of 18.
To learn more about the personal injury claims time limit, get in touch on the number above.
No Win No Fee solicitors can offer their services under a Conditional Fee Agreement (CFA). This typically means that if your claim is unsuccessful, there will be no requirement to pay for your solicitor’s services. You also won’t need to pay for their services upfront or while the claim is ongoing.
In the event that the claim succeeds, you will be charged a success fee. Your solicitor will take this from your compensation as a percentage. The percentage is subject to a legal cap.
To find out how the personal injury solicitors from our panel could help you throughout the brain injury compensation claims process, get in touch with our team.
Contact Us For Free Legal Advice
We hope this guide on the brain injury compensation claims process has helped. However, we understand you may still have questions. If so, you can get in touch with our team of advisors for free legal advice.
To get in touch, you can:
Below, you can find links to more of our guides on personal injury claims:
- A guide to personal injury claims
- What is a mesothelioma case worth?
- A guide to the personal injury claims time limit
- How to claim compensation for an ankle injury
- Learn about claiming after suffering a torn bicep
- Slip trip and fall claims – see if you can claim compensation
- How to prove a personal injury claim
- A guide to No Win No Fee agreements
- Personal injury claims guidelines
- A guide to neck injury claims
- Wrist injury claims – an overview
- What is a personal injury claim?
- How to find serious injury solicitors for personal injury claims
Additionally, we have included some external resources below:
- NHS – Head injury and concussion
- Health and Safety Executive – Workplace accident statistics
- GOV – Compensation after an accident or injury
If you have any other questions about brain injury compensation claims, please get in touch using the details provided above.
Writer Louis Pen
Editor Meg McConnell