Can I Get Compensation For A Concussion?

In many cases a concussion will be mild and you will be back on your feet and resuming your normal activities within a few days. However what happens when your injury is more severe and your daily life is severely impacted.

You may be unable to return to work which can have a detrimental effect on not only your finances but also your mental health.

If you have suffered from a concussion due to an accident that wasn’t your fault and you want to claim compensation your first port of call should be to contact a personal injury claims specialist. Many offer a free consultation where they will be able to advise you on whether you have a solid case that is worth pursuing.

So are you able to claim compensation for a concussion? 

In cases where the accident and resulting injury were caused as a result of negligence from another party then you are legally able to make a claim for compensation. Even if you were partly to blame for your accident but there was another party involved then you are still able to pursue a claim. 

What is a concussion? 

A concussion is an injury to the brain that results in a temporary loss of normal brain function. It is normally caused by a sudden and direct blow to the head. Typical causes can be a car accident, a fall from height, trips and slips or violent attacks. 

Symptoms will vary between each patient but common ones include – 

  • Loss of consciousness
  • Headaches
  • Loss of balance
  • Dizziness
  • Blurred vision
  • Sensitivity to light and noise
  • Nausea and vomiting
  • Poor concentration
  • Anxiety
  • Insomnia
  • Irritability
  • Fatigue
  • Amnesia 

Concussions are graded as mild, moderate and severe. 

Mild – The patient will not lose consciousness. Their symptoms will normally be mild and recovery will only take a few days. Common symptoms can include, headaches, nausea and a loss of balance. 

Moderate – The patient may not lose consciousness. The symptoms of a moderate concussion can be very similar to those of a mild case but will be more intense and painful. 

Severe – There is normally always loss of consciousness. Patients can suffer from memory loss and difficulty concentrating as well as headaches, nausea and vomiting, noise and light sensitivity, dizziness and a loss of balance. These symptoms can last for weeks. 

How much compensation will I receive? 

Compensation amounts will vary between each individual case and is dependent on the severity of your injury and your long term prognosis. Two patients with a severe concussion will more than likely receive two different compensation settlements. However there are guidelines set in place. 

Mild concussion – £1,975 – £9,700

Moderate concussion – £32,725 – £166,500

Severe concussion – £166,500 – £214,350

As you can see there is a broad range of settlement amounts so it will be impossible for anyone to tell you in advance how much you would receive. 

Currently compensation is awarded in two parts. These are then combined to give you your final settlement figure. 

General Damages – This is to compensate you for any pain and suffering you have endured. This not only relates to physical pain but also psychological. After a traumatic injury it is not uncommon to suffer from anxiety, depression, insomnia and anxiety. This will all be taken into account when your claim is dealt with. 

Special Damages – This is designed to put you back into the financial position you would have been had you not suffered from your injury. It will take into account any loss of earnings and also – 

  • Any medical costs
  • Rehabilitation costs
  • Occupational therapy
  • At home help you require
  • Any adaptations you need made to your home or vehicle

How does the process work? 

All claims for compensation need to be made within three years from the date of your accident. 

NOTE: Where the victim is a child they have until their twenty-first birthday to raise a claim. This rule also does not apply to those that lack mental capacity. 

Once you have decided to go ahead with your claim your legal team will need to build your case. They will need to compile – 

  • A witness statement from yourself
  • Statements from anyone present at the time of the accident
  • Any photographs or CCTV recordings
  • Copies of your medical records
  • They may wish to visit the site of the accident. If this was your workplace the Health and Safety Executive may also wish to visit. 

NOTE: The Health & Safety Executive may wish to separately prosecute your employer. In these circumstances that case would need to be settled first before yours can then proceed.

Once all the evidence has been compiled your Solicitor will issue a formal Letter of Claim to the opposing party. This will detail exactly why you are claiming compensation and what the desired outcome is. The ideal scenario would be that the case is settled out of court as this is the quickest route for all involved. 

However in certain circumstances the case will not be able to be settled outside of court. The opposing party may not accept responsibility for the accident or they may not agree with the proposed settlement amount. In these cases the evidence is then submitted to the Court and you will be given a trial date. 

It is impossible to say how long a claim will take to reach its conclusion. This will depend on several factors. 

  • The severity of your injury
  • Your long term prognosis
  • How cooperative each party is
  • Whether the claim can be settled out of court. 

Cases where it results in a trial do take longer to resolve although all cases can take from three months to three years to conclude.   

What should my next step be?

If you have suffered from a concussion due to an accident that wasn’t your fault and you want to claim compensation your first port of call should be to contact a personal injury claims specialist. Many offer a free consultation where they will be able to advise you on whether you have a solid case that is worth pursuing.

If you are worried about legal costs, especially if you are unable to work due to your injury then many claim specialists work on a no win no fee basis. No one should financially struggle due to an injury that wasn’t their fault and that could have been prevented. 

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