Have you suffered a head injury that was the fault of a third party? This guide could provide more information on head injury claims payouts.
Head injury claims payouts guide
You might have been involved in an accident at work, in a public place, or in a road traffic accident. If you were owed a duty of care and it was breached, leading to your injury, you could make a personal injury claim.
We will explore what constitutes negligence while looking at specific examples of how it can happen. Furthermore, this guide will explore the compensation you could be owed if your case is won. In addition to this, we’ll look at the advantages that No Win No Fee solicitors can offer.
However, if you would rather speak directly to a member of our team about head injury claims payouts, you can do so. All you have to do is:
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Choose A Section
- Head Injury Claims Payouts – A Guide
- How Are Head Injury Claims Payouts Calculated?
- When Could You Receive Compensation For A Head Injury?
- Potential Evidence That Could Be Used In Personal Injury Claims
- Why Make A No Win No Fee Personal Injury Claim?
- Learn More About Head Injury Claims Payouts
Head Injury Claims Payouts – A Guide
The head is such an integral part of the body, therefore any injury to this area could have impacts that range from minor all the way to fatal. The way you’re affected could impact the payout you receive in a successful personal injury claim.
It is important to note that not all head injuries will lead to a personal injury claim. The incident must have been caused by the negligence of a third party.
Negligence is any breach of duty of care that leads to an injury. As previously stated, you must be able to prove that this occurred if you wish to make a successful personal injury claim.
If you would like more information on potential head injury claims payouts, please get in touch with a member of our team. If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
How Are Head Injury Claims Payouts Calculated?
Head injury claims payouts could be split into two heads of claim. You might receive general damages and special damages for a successful claim; these different kinds of damages can depend on the impact the injury has had on your life.
General damages account for the pain and suffering, both physical and mental, caused by your injuries. For instance, you could be compensated for your head injury. If the injury stops you from working and leads to an increase in stress, anxiety or depression, you could also be compensated for that.
We have drafted a table using compensation amounts from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to help them value claims.
However, these figures should only be used as a rough guide to how much you could be owed. This is because each claim is unique, and the payout you could receive may be different.
| Body Part | Severity | Compensation Bracket | Details |
|---|---|---|---|
| Head | Very severe | £282,010 to £403,990 | An injury that includes quadriplegic cerebral palsy resulting in cognitive and physical disabilities. |
| Head | Moderately severe | £219,070 to £282,010 | An injury that leads to very serious disabilities that causes considerable dependence on others. |
| Head | Moderate (i) | £150,110 to £219,070 | Modest to severe intellectual affects, such as an effect on sight or speech. No ability to work. |
| Head | Moderate (ii) | £90,720 to £150,110 | Moderate to modest intellectual affect, for example, not being able to work or the ability to do so being significantly lowered. |
| Head | Moderate (iii) | £43,060 to £90,720 | Involves symptoms, such as affect on concentration or memory in conjunction with a small risk of epilepsy. |
| Head | Less severe | £15,320 to £43,060 | A good recovery has been made to allow the injured person to return to daily life occurrences, such as socialising or going to work. |
| Head | Minor | £2,210 to £12,770 | Brain damage, if any, will be minimal. |
| Epilepsy | Grand Mal | £102,000 to £150,110 | Established grand mal. |
| Epilepsy | Petit Mal | £54,830 to £131,370 | Established petit mal. |
| Epilepsy | Other Epileptic Conditions | £10,640 to £26,290 | Cases that involve one or two epileptic episodes that have no risk of reoccurance. |
Special Damages In A Personal Injury Claim
Additionally, you might be awarded special damages for any financial losses sustained due to your injury. For example, if you were out of work for an extended period of time as a result of your injuries, this could see you suffer a loss of earnings.
This could be reimbursed by special damages. This head of claim may also cover:
- Care costs
- Medical expenses
- Home adaptations to cope with your injuries
- Travel costs to and from medical appointments
It is important to keep a record of all the financial losses you suffer in order to be reimbursed for them.
Our advisors can provide more information on head injury claims payouts if you get in touch. Alternatively, you could use our personal injury claims calculator.
When Could You Receive Compensation For A Head Injury?
As previously stated, head injury claims payouts may only be awarded if the incident was caused by a third party that owed you a duty of care.
To reiterate, you must be able to prove that:
- You were owed a duty of care
- This duty was breached
- You suffered harm as a result
Below, we look at some of the scenarios in which a breach of this duty of care could lead to an accident in which you’re injured. If you have any questions, please don’t hesitate to get in touch.
Accidents At Work
If you are involved in an accident at work that was your employer’s fault, you could be eligible to make an injury at work claim.
As per the Health and Safety at Work etc. Act 1974 (HASAWA), your employer must ensure, within reason, the safety of the workplace, environment, equipment and facilities. They don’t need to do everything in their power to remove all risks; they just need to take steps that are considered reasonable.
For example, your employer may fail provide you with the correct personal protective equipment, such as a hard hat. Consequently, an object falls and hits you on the head. This could lead to you receiving compensation for an accident at work.
Road Traffic Accidents
Alternatively, you could be injured in a road traffic accident. The Road Traffic Act 1988 in conjunction with The Highway Code, outline the rules road users must adhere to. The Road Traffic Act is a central piece of legislation for road conduct, whereas The Highway Code includes recommendations and guidance, some of which is set out by law.
For example, you could be stopped at a red light, and another driver on their phone rear-ends your vehicle. The resulting car accident could result in you suffering a head injury.
This would be an example of a breach of duty. This is because drivers need to keep a safe stopping distance from the vehicle in front.
Accidents In A Public Place
You may also be able to claim if you have been involved in an accident in a public place.
According to the Occupiers’ Liability Act 1957., the party in control of a public space must ensure the reasonable safety of those who use it for its intended purpose.
You may be able to claim for an accident in a public place if you slip, trip or fall on a wet floor that hasn’t been signposted in a reasonable time in a supermarket. As a result, you fall and experience a fractured skull.
Potential Evidence That Could Be Used In Personal Injury Claims
In order for your personal injury claim to be successful, you must prove that negligence has taken place and you were injured as a result. This can be done by gathering evidence.
Firstly, you should seek medical attention. Not only does this allow you to be treated for your injuries, but it also means that your injuries are recorded. These records can be used as evidence.
You could also:
- Gather witnesses’ details for statements to be taken at a later date
- Acquire CCTV footage of the incident and/or the scene in which it occurred
- Take photographs of your injuries
- Keep a diary of your symptoms, treatments as well as the physical and psychological impact your injuries have had
- Fill out the accident book (if applicable)
Lastly, you may wish to seek legal advice. While it’s not necessary in the process of claiming, a solicitor could help you in the process of gathering evidence. Get in touch with our team to see if you could be connected with a No Win No Fee lawyer from our panel with experience in securing head injury claims payouts.
Why Make A No Win No Fee Personal Injury Claim?
One of the personal injury claims solicitors from our team can use their vast experience to cover all bases of your claim, which could increase the amount of compensation you receive compared to claiming without their guidance.
Generally, they work under a kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA) which has many financial benefits for claimants. Firstly, there are usually no legal fees to pay upfront or throughout the duration of your case.
Moreover, if your case is lost, you will typically not be required to pay any legal fees.
However, if your case is successful, you will have to pay. A legally capped success fee will be deducted from the compensation you are awarded by your solicitor.
If you would like to see if you could be represented on a No Win No Fee basis, please get in touch with a member of our team.
Contact Us For Free Legal Advice 24/7 To See If You Can Receive Head Injury Compensation
Our advisors are available 24 hours a day, 7 days a week, to help you with any queries you might have. If they judge you to have an eligible No Win No Fee personal injury claim, they may connect you with a solicitor from our panel.
If you would like a free consultation:
- Fill out our contact form
- Use the live chat feature below
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Learn More About Head Injury Claims Payouts
We have included our own guides that could be useful when considering making a claim for negligence:
- Claiming for an accident at work on a zero-hour contract
- Personal injury claims time limit
- A complete guide to road traffic accidents
We have also provided you with some further reading that may be of benefit:
- NHS – First Aid
- GOV – Road Accident And Safety Statistics
- GOV – Statutory Sick Pay
Thank you for reading our guide on head injury claims payouts. If you have further questions, please speak with an advisor from our team.
Writer Beck Perch
Publisher Fern Styles