If you or a loved one have suffered a brain injury from a motorcycle accident because another road user breached their duty of care, it might be possible to seek personal injury compensation. As you move through this guide, you will find information on when you could be eligible to make a claim for a personal injury either for yourself or on behalf of someone else, as well as how evidence can support your case.
Can You Claim After Suffering A Brain Injury From A Motorcycle Accident?
Additionally, we look at the duty of care road users owe one another, and offer examples of how a motorcycle accident could happen if this duty is not upheld. There’s also a section that takes you through the process of how compensation for a brain injury is calculated.
Speak with our advisors today for free advice and guidance and to hear about the benefits of making a claim with the help of an experienced No Win No Fee solicitor from our panel. Our team is available 24/7 to answer your questions. To contact them, you can:
- Call on 0113 460 1216
- Begin the process of making a claim through our website
- Use the pop-up chat window in the corner
Browse Our Guide
- Can You Claim After Suffering A Brain Injury From A Motorcycle Accident?
- How Could A Brain Injury From A Motorcycle Accident Occur?
- Evidence That Could Be Used In A Motorcycle Accident Compensation Claim
- How Much Compensation For A Brain Injury Could You Receive?
- Claim For A Brain Injury From A Motorcycle Accident On A No Win No Fee Basis
- Learn More About Making A Motorcycle Accident Claim
Can You Claim After Suffering A Brain Injury From A Motorcycle Accident?
If you’re looking to claim for a brain injury from a motorcycle accident, you’ll need to consider the eligibility criteria for road traffic accident claims. When doing so, it’s important to have an understanding of the duty of care a road user has.
All road users owe one another a duty of care to prevent causing themselves and others damage or injury. This can be upheld by following the Road Traffic Act 1988 and the Highway Code. If there has been a failure to do so, causing you or a loved one to suffer harm in a motorcycle accident, it might be possible to start a personal injury claim. In order to have valid grounds to do so, however, you must prove the following:
- A duty of care was owed to you.
- There was a breach of this duty.
- You experienced physical injuries, psychological damage, or both.
These three points set out the definition of negligence in personal injury claims. Get in touch if you have evidence that negligence occurred. An advisor can assess your case and determine whether you’re eligible to seek compensation. They can also provide guidance on claiming on behalf of a loved one who has suffered a brain injury in an accident.
Time Limits In Motorbike Accident Claims
Generally, a personal injury claim for a brain injury from a motorcycle accident must be started within three years of the accident date. This is the time limit found in the Limitation Act 1980. However, there are exceptions that can be made to this limitation period.
For instance, if the person is under 18 when they are injured, they cannot make their own claim. Instead, the time limit is paused and a litigation friend could make the claim on their behalf during this time. If no claim has been made for the child by the time they turn 18, they will have three years to do so from their 18th birthday.
Similarly, if the injured person lacks the mental capacity to claim for themselves, their time limit is suspended indefinitely. While this pause is in place, a litigation friend could be appointed to start legal proceedings for the injured party on their behalf. If no claim has been started for them, and they recover their capacity, they will have three years to start legal proceedings themselves from the recovery date.
Get in touch today if you’re unsure if you’re within your limitation period to make a brain injury claim or to learn more about seeking compensation on behalf of a loved one.
How Could A Brain Injury From A Motorcycle Accident Occur?
There are several ways someone could sustain a brain injury from a motorcycle accident. For example:
- The driver of a car might fail to check their mirrors before changing lanes on a duel carriageway. As a result, a motorcycle rider is thrown from their vehicle and sustains a severe brain injury as well as other types of harm.
- If a driver is operating their vehicle under the influence of alcohol their response times and overall control of the vehicle would be affected, and the likelihood of colliding with a more vulnerable road user could increase. For example, they might fail to stop at a junction resulting in them crashing into the side of a motorcyclist. As a result, the motorcyclist could sustain very severe brain damage.
- A driver may fail to obey the speed limit causing them to crash into a motorcyclist from behind. As a result, the rider is thrown from their vehicle at speed and sustains multiple injuries, including a moderate head injury, paralysis, and burns.
If you’d like to know if you could claim for a brain injury for yourself or on behalf of a loved one, get in touch with our advisors today.
Evidence That Could Be Used In A Motorcycle Accident Compensation Claim
Motorcycle accident claims need to be supported with evidence. There are various forms of proof that could show another road user breached their duty of care and caused you or a loved one to suffer a brain injury. For example:
- Video evidence – There may be CCTV footage of the incident if there was a camera in the area. Dashcam footage can also be helpful.
- Medical evidence – This could include copies of your medical records, such as test results, treatment plans or a hospital discharge letter.
- Witness contact details – These can be used to contact a witness for their statement at a later date.
- Photographs – You can document any visible injuries, as well as the scene of the accident itself.
Part of the claims process also includes attending an independent medical assessment to help understand the severity and nature of your injuries. The report that’s generated from this can also be submitted as evidence. You won’t need to arrange this yourself. If you choose to instruct a solicitor from our panel, they can do this for you as well as assist you in gathering evidence to strengthen your case.
Speak with our advisors today to find out how the expert motorcycle accident solicitors from our panel could assist you with the different stages of the claims process.
How Much Compensation For A Brain Injury Could You Receive?
Compensation for a brain injury from a motorcycle accident is always calculated on an individual basis. However, generally, the payout awarded following a successful claim could consist of two heads of loss. They’re known as general damages and special damages. General damages award compensation to account for the pain and suffering caused by the injury.
Those responsible for calculating general damages can use medical evidence to assist them. They also make use of a publication called the Judicial College Guidelines (JCG). The JCG was lasted update in 2022, and it contains guideline compensation brackets that correspond to different types of harm.
We’ve included some example figures from the JCG in the table below. Use the amounts shown only as a guide, as the value of each claim will depend on unique circumstances. Additionally, the top entry is not in the JCG.
| Injury | Severity | Description | Guideline Award Bracket |
|---|---|---|---|
| Multiple serious injuries with financial losses | Serious | Compensation could be awarded to account for the physical and psychological impacts of the injury and any financial losses incurred as a result, such as care costs, loss of earnings, and medical expenses. | Up to £1,000,000+ |
| Brain Damage | (a) Very severe | Little or no response, that's meaningful, to environment, double incontinence and poor language function resulting in the need for full-time nursing care. | £282,010 to £403,990 |
| (b) Moderately severe | The disability caused will be very serious and either physical or cognitive. | £219,070 to £282,010 | |
| (c) Moderate (i) | A significant risk of epilepsy will be present, and the person won't be able to work. A personality change may also occur and there may be an effect on the senses. A moderate to severe intellectual deficit will also be present. | £150,110 to £219,070 | |
| (c) Moderate (ii) | There will be a modest intellectual deficit, and the capacity for work will be reduced greatly. There is also some epilepsy risk. | £90,720 to £150,110 | |
| (c) Moderate (iii) | Concentration and memory will suffer. A small risk of epilepsy will be present but dependence on others will be very limited. | £43,060 to £90,720 | |
| (d) Less severe | The person will have a normal social life and be able to return to work. However, there may still be some issues with memory and concentration. | £15,320 to £43,060 | |
| (e) Minor | If there has been any brain damage, it will have been minimal. | £2,210 to £12,770 |
Special Damages When Claiming For A Brain Injury From A Motorcycle Claim
If general damages are awarded, special damages can also be included in a payout following a successful claim. This head of loss awards compensation to account for the financial losses incurred due to the head injury. For example:
- Loss earnings if time off work was needed either permanently or temporarily.
- Medical expenses, such as the cost of prescriptions.
- The cost of care at home.
- Travel expenses, such as the cost of taxis to and from medical appointments.
You should keep hold of any documentation, such as receipts and payslips, to prove these expenses occurred and were linked to your injuries. Contact our advisors today for a bespoke estimate of your claim’s full worth.
Claim For A Brain Injury From A Motorcycle Accident On A No Win No Fee Basis
If you or a loved one has suffered a brain injury from a motorcycle accident, and are eligible to pursue compensation, a No Win No Fee solicitor from our panel could take on the case. The form of No Win No Fee arrangement they operate under is called a Conditional Fee Agreement (CFA). This means they won’t charge a fee for their services to start working on the claim, or for their continued work on the claim as it progresses.
Furthermore, with a CFA in place, your solicitor takes a success fee from your compensation if your claim is successful. The fee is taken in the form of a legally capped percentage ensuring you keep the majority of your settlement. However, this fee isn’t taken if your claim is unsuccessful.
If you want to learn more about working with a No Win No Fee solicitor from our panel and how they could assist you in making a claim on behalf of a loved one, get in touch with our advisors today. The advice they give is free and they are available on a 24/7 basis, so reach out with any questions you have using the contact details below:
- Call on 0113 460 1216
- Begin the process of making a claim through our website
- Use the pop-up chat window in the corner
Learn More About Making A Motorcycle Accident Claim
The links below will take you to extra resources that we hope you also find helpful.
More from us:
- If you want to know more about how to make a claim for a motorbike accident injury, this guide will help you.
- Find out about bike and cycle accident injury claims including when you could seek compensation.
- If you were hit by a car while on your bike, learn when you could be owed compensation with this helpful guide.
Information from other sources:
- Guidance on motorcycling campaigns from Think!
- Advice and information from NHS Inform on severe head injuries.
- Information on statutory sick pay from GOV.UK.
Thank you for reading our guide on when you could claim if you or a loved one suffered a brain injury from a motorcycle accident. If you have any other questions, please contact an advisor on the number above.