Claiming Compensation After Suffering A Concussion

This is a guide looking at the steps to making a concussion claim. When you’re in certain situations, you’re owed a duty of care by a third party. We’ll examine what this consists of and how it can be breached. We will also discuss the factors that could make you eligible to make a claim if you’re injured as a result.

Concussion claim guide

Concussion claim guide

We can explain how to claim compensation for a concussion. Evidence can be useful for determining that someone else’s negligence resulted in you sustaining injuries. This guide will explain what evidence can be included to build a strong concussion injury claim.

We will also highlight the benefits of using a solicitor with a No Win No Fee agreement in place. Our team can connect you to a solicitor from our panel if they believe your claim has a good chance of success.

There is a general three-year time limit to start a personal injury claim. However, we recommend beginning the process as soon as possible Certain exceptions can apply, too, so we recommend speaking with an advisor about your particular circumstances.

You can contact us and start your claim today using the following details:

  • Call us on the number at the top of the webpage
  • Interact with our advisors through our live chat
  • Complete the contact form 

To learn more about how to start your concussion claim, continue on to the remainder of our guide. 

Choose A Section

  1. Can I Make A Concussion Claim?
  2. What Accidents Lead To A Concussion?
  3. Evidence For A Concussion Claim
  4. How Much Compensation Could I Get?
  5. How To Appoint A No Win No Fee Lawyer
  6. Extra Information About Making A Concussion Claim

Can I Make A Concussion Claim?

According to the NHS, a concussion is a temporary brain injury that can last a few weeks. You can sustain a concussion if you’ve experienced a head injury. 

Symptoms of a concussion can include:

  • Blurred vision
  • Loss of consciousness
  • Headaches
  • Confusion

Accidents can arise in any environment. In order to make a personal injury claim, however, you’d need to show that the incident happened because of someone else’s breach of duty of care towards you. 

Some of the circumstances in which you’re owed a duty of care include:

For more information on making a concussion claim, please read on. Otherwise, you can contact our advisors directly for free legal advice.

Recent Injury Stats

The government collect statistics relating to road traffic accidents and the injuries that they cause.

In 2020, there were around 1,460 people killed in road accidents. 23,529 people were killed or seriously injured. There were 115,584 casualties of all categories of severity, which is a 25% reduction from the previous year.

What Accidents Lead To A Concussion?

When a third party acts negligently, it can lead to an accident. If your employer or a third party breaches their duty of care towards you resulting in injury, you could be entitled to make a concussion claim against them.

The Health and Safety at Work etc. Act 1974 states that all employers owe their staff a duty of care. This means they must do everything they reasonably can to keep you safe. Breaching this duty of care can cause accidents which lead to injury.

Employer negligence can include:

  • Not training staff to use equipment that is necessary to do their job, resulting in a manual handling injury
  • Missing maintenance checks and risk assessments, meaning you are struck by a moving object 
  • Failing to provide the correct PPE
  • Not storing equipment away correctly

As per the Occupiers Liability Act 1957 the person in charge of a public place must do all they reasonably can to keep everyone using the area safe. This includes completing regular health and safety assessments to manage risks.

All road users owe one another a duty of care. The duty of care is set out in the Road Traffic Act 1988. The Highway Code outlines how you should act on the road to avoid accidents. For example, you should keep a safe stopping distance between you and the car in front; this helps prevent rear-end collisions from occurring. 

As well as accidents that happen in a car, you could also claim for other road incidents caused by negligence. For example, you could be involved in a cycling accident or an accident while on a bus.

If you’ve been injured due to someone else’s negligence, contact our team to begin the steps of your concussion claim.

Evidence For A Concussion Claim

It is important that you receive medical attention as soon as possible after your injury. Even if you’re attended by a first aider, you should still seek other medical attention such as from a GP or a hospital. 

Collecting evidence will be crucial to making a successful concussion claim. You can prove a personal injury claim by providing:

  • Details of witnesses who were present at the time of the accident
  • Pictures of your injuries and where the accident took place
  • CCTV footage of the accident
  • Medical records including prescriptions and medical reports

Our team of advisors can help by advising you on the evidence you should collect. Get in touch today for free legal advice.

How Much Compensation Could I Get?

When you make a claim, your settlement could be made up of two different kinds of damages. These are general damages and special damages. 

The physical and psychological pain that you suffer due to your injuries can be reimbursed through general damages. The amount you receive can be impacted by the length of recovery time and any permanent effects that are caused.

Listed below are some examples of injuries and the compensation brackets they fall under. These are listed in the Judicial College Guidelines (JCG) and are used only as a guide by legal professionals.

Type of InjuryCompensationDescription of Injury
Very Severe Brain and Head Injury (A) (a)£282,010 - £403,990Little or no meaningful response to environment and dependence on full-time care.
Moderately Severe Brain and Head Injury (A) (b)£219,070 - £282,010Injured person is seriously disabled. Amount awarded will depend on degree of dependency on others, extent of behavioral problems and degree of insight
Moderate Brain and Head Injury (A) (c) (i)£150,110 - 219,070Effects include personality change, significant risk of epilepsy and no prospect of employment. There will be a moderate to severe intellectual deficit.
Moderate Brain and Head Injury (A) (c) (ii)£90,720 - £150,110Effects include moderate to modest intellectual deficit, some risk of epilepsy and ability to work is greatly reduced
Moderate Brain and Head Injury (A) (c) (iii)£43,060 - £90,720Effects include affected memory, limited dependence on others and effect on senses
Less Severe Brain and Head Injury (A) (d)£15,320 - £43,060Compensation depends on extent of initial injury, extent on personal change and presence of effects like depression
Minor Brain and Head Injury (A) (e)£2,210 - £12,770Brain damage is minimal if present at all, cases resolving in two or three years
Epilepsy (a)£102,000 - £150,110Established grand mal
Epilepsy (b)£54,830 - £131,370Established petit mal, Level of award will depend on whether attacks can be controlled by medication and prognosis for recovery.
Other Epileptic Conditions (c)£10,640 - £26,290Cases with a couple discrete epileptic episodes. No risk of further recurrence beyond that of the population overall.

You can claim back special damages for any financial losses. This includes travel costs and receipts for purchases due to the effects of your injury. Loss of wages can also be included, for example, if you’re unable to work moving forward due to lasting damage from the accident.

However, please note that you won’t receive special damages without being awarded general damages. This is because, if the third party is not considered at fault for the accident that caused your injuries, then they also aren’t liable for any costs you incur because of them.

How To Appoint A No Win No Fee Lawyer

You may be interested in a No Win No Fee agreement for approaching legal representation for your concussion claim. Choosing a No Win No Fee agreement means you have no upfront fees to pay your lawyer. There’s also nothing to pay if your claim turns out to be unsuccessful. 

Furthermore, there are no hidden charges throughout the claims process. A small percentage is deducted from your settlement if your lawyer is successful in securing your compensation. To avoid overcharging this success fee is legally capped.

Your lawyer will discuss all the elements of a No Win No Fee agreement with you before you agree to their services. Our advisors can connect you to a lawyer if they believe your case has a chance of success. 

Start A Concussion Claim Today

To start the process for your concussion claim, or for more free legal advice on how to approach compensation for a concussion, contact our team of advisors using the following details:

Extra Information About Making A Concussion Claim

Think! is the government’s road safety campaign.

If you’re struggling with your mental health after an accident, mental health charity Mind can offer you support and help you work through your worries.

The government guide has advice on statutory sick pay (SSP).

See the links below to more of our guides:

Thank you for taking the time to read our guide on how to approach a concussion claim. We hope it has been helpful to you.

Publisher Fern Stringer 

Writer Jess Angler