How much compensation do you get for a brain injury?

Whether you sustained your brain injury from an accident at work, a road traffic collision, a fall from a height or through medical negligence, the outcome can be devastating for everyone involved.

Even in moderate cases of brain injury your life can become unrecognisable in the blink of an eye. You may find yourself unable to work for months or even potentially unable to return to work at all.

Making a claim for compensation can help to relieve the financial burden but just how much can you expect to receive? 

The amount of compensation you will receive will vary between each case. This is due to the fact that not only is the amount calculated by the severity of your injury but also your long term prognosis.

How does compensation work? 

When you suffer from an accident or injury that wasn’t your fault you are legally entitled to raise a claim for compensation.

Even if you were partly to blame for the accident you can still make a claim although your compensation amount may be smaller. For example, if you were driving and another car hit you but you were not wearing a seat belt. Although you are a fault there is still a second party that has some responsibility for the accident. 

There are strict time limits for making a claim and most need to be brought forward within three years from the date of the accident. Although if the victim is under eighteen years old they have until their twenty-first birthday to start proceedings.

There are also separate rules for those who lack mental capacity, under the Mental Capacity Act 2005, and cannot handle their own affairs. 

Who do I raise a claim against? 

Your claim will be raised against the person who is wholly or partly responsible for your accident.

They will be known as the ‘defendant.’ Although it will be their insurance company that will deal with and settle the claim. 

How is the compensation amount calculated? 

Compensation is split into two parts. General damages and special damages. 

  • General Damages – This is to compensate you for any pain, suffering and loss of amenity. Amenity refers to anyway in which your quality of life has been affected by your injury. Pain and suffering does not just relate to physical pain but can also mean psychological pain. Many victims find that they suffer from post traumatic stress disorder, anxiety, depression and insomnia after a traumatic event. 
  • Special Damages – This is to help you recover your loss of earnings. It is designed to put you back into the financial position you would have been had the accident not have happened. Also taken into account when calculating special damages is any money that you need for –
  • Medical expenses
  • Rehabilitation 
  • Occupational therapy
  • At home help
  • Adaptations you need to your home or vehicle. 

You will be awarded two separate amounts and these will then be combined to become your settlement amount. 

How much compensation can I expect to receive?

The amount of compensation you will receive will vary between each case. This is due to the fact that not only is the amount calculated by the severity of your injury but also your long term prognosis.

Two people with the exact same injury will have a different prognosis and will need different care going forward.

There are however guidelines which are drawn up by The Judicial College. They state that depending on the severity of your injury you should be awarded anywhere between £14,380 to £379,100.

Obviously this is a very wide scope and no one will be able to guarantee the amount that you will be awarded. Whilst the case is ongoing your legal team may be able to arrange for interim payments to help you financially, especially if you are unable to work. These payments will then be deducted from your final settlement amount. 

If you are wanting to raise a claim for compensation then the first step would be to obtain legal advice from a brain injury solicitor. They will have the expertise to guide you through the whole case. If the cost of legal advice is stopping you from making a claim many of these solicitors offer a free consultation and may also offer a no win no fee agreement. 

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