This guide explores the process of seeking skull fracture compensation, including the eligibility criteria that must be met in order to put forward a personal injury claim. It will also discuss the evidence you can provide in support of your case and the benefits of using a No Win No Fee solicitor to pursue your claim.
There are several ways you could have suffered a head injury, such as in the workplace, on the roads or in a public place accident. Certain third parties owe a duty of care to you in these spaces, including employers, road users and occupiers. We will explore the duty they have in more detail throughout this guide. Also, we will provide examples of the accidents that could lead to a head injury if they fail to uphold their responsibilities.
Furthermore, we will discuss the compensation you could be awarded if your claim succeeds to address the way your injury has affected you.
As you read the following sections, please get in touch with our advisors of you have any questions or queries about the personal injury claims process. They can also provide a free case assessment and if they find you have a valid claim, could connect you with a solicitor from our panel. To get in touch, you can:
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- When Are You Eligible To Claim Skull Fracture Compensation?
- Is There A Time Limit To Claim Skull Fracture Compensation?
- How Much Skull Fracture Compensation Could You Receive?
- Potential Evidence When Claiming Compensation For A Fractured Skull
- Claim For Negligence Using Our Panel Of No Win No Fee Solicitors
- Learn More About Claiming Fractured Skull Compensation
Firstly, it’s important to understand the eligibility criteria for starting a personal injury claim. This means you need to demonstrate that:
- A duty of care was owed to you at the time and place of injury.
- This duty was breached.
- You experienced physical and/or emotional harm because of the breach.
Together, these three points define negligence and form the starting point of an eligible skull fracture compensation claim.
A duty of care is owed by certain third parties, including employers, road users and occupiers. We have explored the legislation that outlines this duty in more detail throughout the following sections.
Accidents At Work
The Health and Safety at Work etc. Act 1974 (HASAWA) outlines the duty that employers owe their employees. It states they should take reasonable and practicable steps to prevent employees from becoming injured at work or while performing duties related to work. The steps they could take to do this include carrying out regular risk assessments, providing proper training, providing necessary personal protective equipment (PPE), and maintaining workplace equipment and machinery.
An employer failing to uphold their duty of care could lead to an employee sustaining harm. For example, they might fail to provide a helmet to an employee working on a construction site. As a result, the employee sustains a severe head injury involving a fracture to the skull and minor brain damage. In this instance, a workplace accident claim could be made.
Road Traffic Accidents
The Road Traffic Act 1988 sets out a road users duty of care. They must conduct themselves and navigate the roads in a way that prevents harm to themselves and others. Additionally, The Highway Code sets out rules for different road users as well as guidance on the responsibilities they have.
A failure to do so could result in a road traffic accident in which you experience harm. For example, you could sustain a skull fracture in a rear-end or head-on car accident collision due to another driver using their phone while operating their vehicle.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 sets out the duty of care those in control of a public place have. They must take steps to ensure the reasonable safety of those using the space for it’s intended purpose. They can do this by carrying out regular risk assessments and addressing any hazards they become aware of in a reasonable timeframe.
A failure to do so could lead to a fall from a height on stairs due to a broken handrail. This could cause you to experience a fractured skull and concussion. Alternatively, you may have sustained a head injury after slipping on a wet floor that was unmarked in a supermarket.
To discuss your specific accident and find out whether you could be eligible to seek skull fracture compensation, get in touch on the number above.
- If a claimant does not have the mental capacity to start a claim themselves, the time limit can be suspended indefinitely. Should mental capacity return, the three-year limitation period can commence from that date.
- If the claimant was under the age of 18 at the time of the accident, the time limit is paused until they turn 18. After this, they have three years to begin a claim, allowing them until age 21.
In both instances, while the time limit is paused, a suitable adult could make an application to the courts to act as a litigation friend and begin the claim on the injured person’s behalf.
For more information on the time limits involved with seeking skull fracture compensation, please get in touch on the number above.
The personal injury settlement awarded after a successful skull fracture compensation claim can consist of two heads. General damages aim to compensate the person for the pain, suffering and long-term negative impact caused by the injuries. Quality of life and loss of enjoyment are other areas that can be considered when valuing this head of claim.
Legal professionals can use medical evidence alongside the Judicial College Guidelines (JCG) to help them value personal injury claims. We have included an excerpt of figures from the JCG in the table below but please note, these are not a guarantee of what you will receive as each case is unique.
|Injury Type||Guideline Bracket Amounts and Severity||Description|
|Injury Resulting From Brain Damage||(a) Very Severe - £282,010 to £403,990||Cases where the person may be able to follow basic commands but there is little evidence of having a meaningful response to environment. As a result, they require full time care.|
|Injury Resulting From Brain Damage||(b) Moderately Severe - £219,070 to £282,010||The injured person has a very serious disability that is either cognitive or physical.|
|Injury Resulting From Brain Damage||(c) Moderate (i) - £150,110 to £219,070||Moderate to severe intellectual deficit issues such as an alteration in personality and impact on speech, sight or other senses.|
|Injury Resulting From Brain Damage||(c) Moderate (ii) - £90,720 to £150,110||Cases where there is a moderate to modest intellectual deficit which results in a reduced ability to work.|
|Injury Resulting From Brain Damage||(c) Moderate (iii) - £43,060 to £90,720||Impact on concentration and memory and a reduction in the ability to work. However, dependence on others is limited.|
|Injury Resulting From Brain Damage||(d) Less Severe - £15,320 to £43,060||A good level of recovery overall with the ability to return to work and normal social activities.|
|Injury Resulting From Brain Damage||(e) Minor Injury - £2,210 to £12,770||If there is any brain damage, it will be minimal.|
|Epilepsy||(b) £54,830 to £131,370||Established Petit Mal|
|Epilepsy||(a) £102,000 to £150,110||Established Grand Mal|
Special Damages In A Personal Injury Claim
In addition to general damages, you may be able to receive special damages as part of your payout. This covers any financial losses incurred due to your injuries. You can present documented proof of these losses in the form of receipts, invoices and wage slips.
Examples of the losses you could claim back include:
- A loss of income
- Medical expenses
- Long-term care costs
- The cost of adaptations to your home or vehicle
- Travel expenses
Get in touch with us to learn more about the skull fracture compensation payout you could receive.
There are several pieces of evidence that you could gather to support your claim, such as:
- A diary that details your symptoms, both psychological and physical
- Copies of medical records
- CCTV or dashcam footage that shows the incident
- Photographs of your injuries
- Witnesses contact details for anyone willing to provide a statement at a later date.
A solicitor from our panel could help you to gather evidence if you are unsure how to do so. Call on the number above to find out whether they could represent your case.
It is not a legal requirement to start a claim with a solicitor, but they can offer several benefits including helping you to compile evidence and present your case in full.
The personal injury solicitors on our panel can offer their services under a particular type of No Win No Fee agreement. The contract they could offer is called a Conditional Fee Agreement (CFA) which usually means the following:
- No need to pay any upfront or ongoing fees for their services
- If your claim has an unsuccessful outcome, you won’t need to pay for the work your solicitors have completed on your case.
If the claim has a positive outcome, you pay a success fee from your compensation. This is subject to a legislative cap.
For more information on working with a solicitor from our panel on this basis, you can get in touch with an advisor. They can also offer further guidance on the personal injury claims process and seeking skull fracture compensation. You can reach an advisor by:
- Calling on 0113 460 1216
- Contacting us online about making a claim
- Using the live chat feature below.
Below, we have provided more of our guides relating to claims for a personal injury:
- I had an accident on public transport, can I make a claim?
- I had a collarbone break at work, can I seek compensation?
- Can I get compensation after an accident in a supermarket?
In addition to this, please read further resources to help:
- NHS – Head injury advice
- GOV – Road accident and safety statistics
- Health and Safety Executive – Workplace accident statistics
Thank you for reading this guide on the process of seeking skull fracture compensation. If you have any other questions, please get in touch using the contact details above.
Writer Jeff Wallow
Editor Meg McConnell