If you are suffering from a head or a brain injury as a result of an accident that wasn’t your fault you may be entitled to make a compensation claim for the injuries you have incurred. A brain injury, in particular, is a life-changing event and in certain circumstances requires significant financial compensation. For those seeking compensation, another person or organization must be at fault for your head injury. A traumatic brain injury will normally result in a measured loss of mental capacity and claims can often be submitted on behalf of these vulnerable family members.

Typically you will have three years to pursue a compensation claim after the date of the head or brain injury. However, there are sometimes exceptions to this deadline. If someone has lost mental capacity as a result of their injury there is no time limit to claim on behalf of the incident. It is worth noting that should the person regain mental capacity, a three-year time limit will be applied. Children who have sustained a brain or head injury will be eligible for compensation up until turning 21. If your injury was sustained abroad, limits can be variable and typically shorter than the UK’s three-year limit.

If you have been assaulted as part of a criminal attack you will have just two years to pursue your compensation claim. Alike all compensation claims, it is best to start enquiring legally as soon as possible. Starting a claim quickly can mean that specialist treatments and services are provided swiftly to help you make the best recovery possible. Evidence for any legal case is always best collected as soon as possible, for example, witness statements are fresh and more accurate, and important documents can be secured before they are lost.

Who is eligible for a head injury claim?

To be eligible for a personal injury compensation claim there must be a breach of duty of care leading to your injury. For example, all employers have a duty of care to prevent staff from experiencing harm within the workplace and as such, are obliged to implement reasonable measures to avoid injuries. The UK is legislated in accordance with The Health and Safety at Work Act 1974 and the requirements of an employer’s legal responsibilities are clearly outlined. Job roles within industries such as construction can be susceptible to personal injury and head injury claims due to improper or inadequate safety equipment. If such a worker sustains an injury to the head or brain on a site where the harm could have been avoided, there are grounds for a personal injury claim.

Road traffic accidents or (RTAs) form another route to head injury compensation claims. As a road user, you should be aware of The Highway Code and follow the guidance to avoid harming other people. Failure to follow the code could result in personal injury and may open up an opportunity for negligence. Unbeknownst to many, the Highway Code was actually updated in 2022 and with a duty of care, road users should refamiliarize themselves with the rules and note any new amendments.

When out and about in public you may suffer from a trip or a fall. If this fall and subsequent head injury were due to negligence and a breach of care, you may also have grounds for a claim. Whoever is in control of the public space is responsible for its upkeep and preventing such occurrences from happening.

How long does a head injury claim take?

Brain and head injury claims typically take around three years to settle. This seemingly long time frame occurs as it can take several years to fully assess and comprehend the impact the injury will have on your life. Settling a claim too early can result in your case being undervalued. Usually, whilst your head injury claim is being undertaken, you will receive some compensation to cover any care. Such funds are known as ‘interim’ payments and are paid out when a person or organisation admits fault at the beginning of your claim. Interim payments help to cover the fees for rehabilitation and ease financial burdens should you be currently unfit for work.

Common types of head injuries

Head injuries are unsurprisingly one of the most common causes of disability and even death in adults across the world. The severity of a head injury can vary substantially from a bruise or concussion to a skull fracture or irreparable internal damage from a bleed on the brain. A traumatic brain injury (TBI) is another form of the terminology used to refer to a serious and specific type of head injury. Another common type of head injury is known as a concussion, and is an injury that induces an instant and temporary loss of awareness following an accident.

A break in a person’s skull bone is known as a skull fracture and the most common type is known as a linear fracture. With a linear fracture, the bone is broken but has not actually been displaced by the head trauma. Depressed skull fractures on the other hand, cause part of the skull to physically sink inwards as a result of direct trauma and may need surgical correction to rectify the deformity. The most severe form of skull fracture is classified as a basilar fracture and involves a break in the bone at the base of the skull. Bruises often form around the patient’s eyes as a telltale sign of such an injury and fluid may also leak from the nose and ears.

How much compensation for head injury claims?

All compensation claims vary in their significance and unique circumstances influence the final settlement amount. Brain injury claims will be calculated based on your individual case and needs and are centred around the impact on your life. Using a proficient head injury solicitor will put you in the best position for your compensation claim. A specialist will have expert knowledge and be able to advise you roughly on the potential value and eligibility of your claim.

Read more about Personal Injury claims on our Personal Injury page or read more articles about Personal Injury claims.

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