Compensation Payouts For A Head Injury Claim

This guide will look at examples of compensation payouts in relation to head injury claims. Have you suffered from a head injury after a road traffic accident or a workplace accident? You may be entitled to compensation for a head injury. We will highlight the steps you need to take to start your claim and how you could increase your chances of success.

Head injury claim

Head injury claim guide

In certain places, such as the workplace and on public roads, a third party owes you a duty of care. We will discuss this in more detail further in this guide. Furthermore, we’ll explain how you can make a claim after this duty of care is breached.

To conclude, we will discuss how legal representation could benefit your claim. You might be worried about how much this could cost; if so, we explain how a No Win No Fee agreement could help. 

Our team of advisors are available to discuss your head injury claim and help you start the process. If you have any questions regarding personal injury or your particular case, please contact us using the details below:

  • Call us using the number at the top of the webpage
  • Reach us through the contact form
  • Connect through our live chat

Choose A Section

  1. How Do I Make A Successful Head Injury Claim?
  2. How Can Head Injuries Happen?
  3. How Can I Prove A Personal Injury Claim?
  4. Head Injury Compensation Payouts
  5. No Win No Fee Agreements and Head Injury Claims
  6. Read More About Making A Head Injury Claim

How Do I Make A Successful Head Injury Claim?

In order to make a personal injury claim, you must first determine who is at fault for the accident. Self-inflicted injuries where the accident is wholly your fault are not eligible for compensation. Furthermore, accidents that happen out of anyone’s control will not be the basis of a valid claim. 

To make a claim, third-party negligence must have caused your injuries. Proving this is essential in claiming compensation.

Certain third parties, including your employer, have a duty of care. This means that they have a responsibility towards your safety. 

This breach in duty of care can lead to:

For more information and advice on whether you have a valid head injury claim, you can contact our team. They may be able to connect youwith a lawyer from our panel. 

Reported Head Injury Statistics

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations is a piece of legislation that states certain specified injuries need to be reported to the Health and Safety Executive (HSE). They’ve released statistics relating to accidents in Great Britain during 2020/21.

During this time, 51,211 non-fatal injuries were reported and 512 of which included loss of consciousness caused by head injury or asphyxia. This equates to 4% of the reported injuries.

How Can Head Injuries Happen?

Head injuries can happen in various ways. As we’ve mentioned, your accident would have to have happened because of a breach of duty of care in order for you to claim.

The Health and Safety at Work etc. Act 1974 is a central legislation that states that a duty of care is owed to all staff from their employer. This responsibility means your employer must do everything they reasonably can to keep you and your colleagues safe. If this was breached, for example by your employer failing to ensure that walkways are free from obstructions, this could cause trip, slip and fall accidents 

You could also claim compensation from a head injury after a car accident if a third party was liable. Outlines for road traffic safety can be seen in the Highway Code, and the duty of care that road users owe one another is established in the Road Traffic Act 1988. A breach of this duty of care could include pulling out of a road without checking that it was safe to do so and colliding with another car. 

If your accident occurred in a public place such as a local park, supermarket or library, similar to road traffic accidents, you could claim for compensation for a head injury. The party in control of the public place, such as the local council, can be held accountable for your accident if their negligence was the reason for it. This duty of care is set out in the Occupier’s Liability Act 1957 and it states that the party in control needs to take steps to ensure your safety.

For more information on when you might be eligible to make a head injury claim, speak with an advisor today.

How Can I Prove A Personal Injury Claim?

It is essential that you receive medical treatment for a head injury as soon as you can after the accident has taken place. Treatment for a head injury can vary depending on the severity of your condition, but seeking medical attention quickly gives you the best chance of recovery. 

You may also be required to attend an independent medical assessment. This will show the severity of your injuries and help value your claim correctly. Furthermore, it will prove that your injuries are consistent with the incident. 

Additional evidence can include:

  • Witness statements from people present when the accident took place. You can collect contact details so that a legal professional can take one. 
  • CCTV footage showing the accident taking place. 
  • Photographs of the scene as well as your injuries after the accident
  • A workplace accident book report 

For more information on collecting evidence for your head injury claim, contact our team of advisors. We are available at any time that suits you to offer free legal advice.

Head Injury Compensation Payouts

Your settlements can split into two different heads: general and special damages. General damages compensate you for the physical and psychological harm you sustained from the accident. Special damages compensate you for any financial losses.

For more insight into what you could claim for a head injury, we’ve included a table below summarising some compensation brackets listed in the Judicial College Guidelines (JCG). This document is often used by legal professionals to help value claims; we’ve used some exerpts to create the table below.

Please be advised that the following compensation brackets are just a guideline. 

Injury TypeCompensationDescription of Injury
Very Severe Brain Damage£282,010 - £403,990Top of the bracket includes some ability to follow basic commands, little evidence of response to environment. Within this bracket will be the need for full time care
Moderately Severe Brain Damage£219,070 - £282,010Injured person will be severely disabled with physical injuries including limb paralysis. Could entail reduced life expectancy
Moderate Brain Damage (i)£150,110 - £219,070Moderate to severe deficit of intellect, personality change with effect on sight/speech/senses. Prospect of employment will be non-existent.
Moderate Brain Damage (ii)£90,720 - £150,110Moderate to modest deficit of intellectual capability, ability to work is greatly reduced if present at all, some risk of epilepsy
Moderate Brain Damage (iii)£43,060 - £90,720Concentration and memory are affected, small risk of epilepsy and dependency on others is very limited
Less Severe Brain Damage£15,320 - £43,060Will make a good recovery but not all normal functions will be returned. Eg, poor concentration, bad memory and a reduction in inhibitions of mood
Minor Brain Injury£2,210 - £12,770Minimal brain damage, award depends on the severity of the injury, extent of continuing symptoms and presence of headaches
Epilepsy (a)£102,000 - £150,110Established Grand Mal
Epilepsy (b)£54,830 - £131,370Established Petit Mal, level of award depends on control with attacks, effect on work/social life and problems with behaviour
Other Epileptic Conditions£10,640 - £26,290One or two epileptic episodes but no further risk. Level of reward depends on the effect on education, work/social life and the duration of the attacks.

Special damages could compensate you for things like loss of earnings if your injuries left you unable to work, medical fees and the cost of adapting your home to cope with a permanent disability. You will need to provide evidence in support of this, such as payslips or receipts.

For more information on what you could include in a head injury claim, speak with an advisor today.

No Win No Fee Agreements and Head Injury Claims

Legal representation can make the process of pursuing a head injury claim as stress-free as possible. No Win No Fee agreements allow you to access the help and guidance of a solicitor without any upfront fees. There is also no charge for the duration of your claim. Furthermore, there’s nothing to pay for their services if your claim is unsuccessful.

In the event that you are awarded a settlement, you will be required to pay a legally capped success fee to your solicitor. This is a small percentage so you won’t be overcharged.

Our panel can put you through to a No Win No Fee solicitor if they believe your claim has a chance at success. For more information on how to contact our team today, see below.

If you’re looking to start the process for a head injury claim, our team of advisors can help you with the first steps. Seeking out compensation for a head injury due to third-party negligence can be a daunting prospect. Our advisors are here to support you. 

You can contact our panel using the following details:

  • Call us on 0113 460 1215
  • Use our live chat feature to speak to an advisor instantly 
  • Complete the contact form and an advisor will get back to you

Read More About Making A Head Injury Claim

We’ve included the following links 

The NHS key statistics are available here, including information on hospital waiting times.

For information on preventing road traffic accidents, the Department of Transport helps road users understand road safety using their Think! program.

The Royal Society for the Prevention of Accidents have guidance on preventing accidental injury.

Additionally, to see more of our guides, please see below:

If you have any more questions about making a head injury claim, please get in touch. 

Writer Jess Angler

Publisher Fern Stringer