How much compensation will I get for a head injury?

There are a wide range of head injuries that you can suffer from after an accident. This range goes from a minor concussion all the way through to a traumatic brain injury causing permanent brain damage.

In the United Kingdom when you suffer from an injury as a result of an accident that wasn’t your fault you are legally entitled to make a claim for compensation.

A head injury can have lasting, life altering changes and although no amount of money will reverse the damage, it can go a long way to helping ease the financial burden. 

Although your legal team will not be able to guarantee how much compensation you will be awarded if you believe that your injury was caused due to the negligence of someone else then starting a claim for compensation may be the best step to take.

So how much compensation will you receive? 

This isn’t a one size fits all so it’s impossible to say exactly how much compensation you would be awarded. It all depends on the severity of your injury and your long term prognosis.

No two cases are exactly the same so even two people with the exact same injury would more than likely receive different amounts of money in their final settlement. 

How does compensation work?

Compensation is split into two parts. 

  1. General Damages
  2. Special Damages 
  • General Damages – This is to compensate you for any pain, suffering and loss of amenity you have suffered. This not only relates to physical pain and suffering, but also psychological. Many people suffer from anxiety, depression, panic attacks and post traumatic stress disorder after a traumatic injury. 
  • Special Damages – This is to compensate you for any loss of earnings and is there to try and put you back in the financial position that you would have been in had your accident not have happened. It will also take into account any – 
  1. Medical expenses
  2. Rehabilitation
  3. Occupational therapy 
  4. Any at home help that you need
  5. Adaptations that you need made to your home or your vehicle. 

You will be awarded separate amounts for both of these which will then be combined to give you a final settlement figure. 

Although no one will be able to guarantee the amount of compensation you will receive The Judicial College has guidelines for injuries and a range of compensation amounts. For head injuries this range is from £1,760 for mild injuries to £322,060 for the most severe injuries resulting in brain damage. 

NOTE: All claims for compensation must be made within three years from the date of the injury. If the victim is a child they have until the date of their twenty-first birthday to start proceedings. This rule also does not apply to those that lack mental capacity. 

How do I claim for compensation? 

The first stage in claiming for compensation would be to contact a personal injury solicitor that specialises in brain and head injuries. Many of these offer a free consultation. Once you decide to go ahead with your claim, they will start to build your case.

This will include – 

  • A statement from yourself. 
  • A statement from any witnesses that were present. 
  • Photographs or CCTV recordings. 
  • Your medical records
  • If the accident happened in your workplace they may wish to visit along with the Health & Safety Executive. 

Once they have built your case they will issue a “Formal Letter Of Claim” to the defendant. This will detail why you are claiming for compensation and what the desired outcome is. 

Many cases are settled out of court between your legal team and the defendant’s insurance company.

In cases where they do not accept responsibility or do not agree with the amount of compensation offered, your solicitor will then file the claim with the Court and submit all of the evidence. Whilst you are waiting for the Court date you are still free to settle out of court.

Whilst you are waiting for your case to be settled your solicitor may be able to arrange interim payments. This can be especially helpful if you are unable to return to work because of our injuries. These interim payments will then be deducted from your final settlement.  

Although your legal team will not be able to guarantee how much compensation you will be awarded if you believe that your injury was caused due to the negligence of someone else then starting a claim for compensation may be the best step to take. No one should have to financially struggle due to an accident that wasn’t their fault and could have been prevented. 

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