Overview of Head Injury Compensation Claims

Mark Benson

Mark Benson

Money Savings Advice Head injury compensation claims

Unfortunately, head injuries can have a huge impact on a victim’s life. Personality changes, reduced income, long-term medication and an array of other costs can very quickly accumulate.

Whether you have suffered a head injury in the workplace, on business premises or on public byways and highways, you may well be entitled to compensation.

While head injury compensation claims can be a little more complex than traditional personal injury claims, this should not stop you from pursuing a valid claim.

We will now take a look at the process and what you can do to maximise your compensation.

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Do I Have to Prove Negligence?

The tort law is central to all personal injury claims. This law, which goes back to the 1930s, requires the claimant to prove negligence on behalf of one or more third parties before being eligible to claim compensation.

The process of proving negligence is fairly straightforward in theory but can be a little more complicated in practice.

What Are the Symptoms of Mild and Severe Head Injuries?

It is very important that you take professional advice and seek medical attention as soon as you suspect you have a head injury.

There are various symptoms to take into consideration for both mild and severe head injuries. For mild injuries, you may experience symptoms such as:-

  • Brief loss of consciousness
  • Constant headaches/nausea
  • Short-term memory issues
  • Loss of balance
  • Feeling of dizziness
  • Blurred vision, ringing in the ears and sensitivity to light
  • Fatigue
  • Disruptive sleeping pattern

While many people may experience at least one of the above symptoms in isolation when you experience two, three or more tandem, this could indicate mild head injuries which may need attention.

When it comes to severe head injuries there are very specific symptoms to look out for:-

  • An extended period of unconsciousness
  • Convulsions and seizures
  • Difficulty speaking
  • Confusion
  • Lack of Coordination
  • Reduced bowel/bladder control
  • Numbness/tingling sensation in the fingertips
  • Nausea
  • Vomiting

While the likes of vomiting and nausea can be associated with other medical conditions, if you experience two, three or more of the symptoms at one time, this can indicate a serious head injury. Medical assistance should be sought as soon as possible.

What Are the Most Common Reasons for Head Injuries?

While many of us automatically assume that the majority of head injuries occur in the workplace, they can occur anywhere. Some of the more common reasons for head injuries include:-

Trips, Slips and Falls

This could occur on a pathway, in a shop, in the park or even in the workplace. While trips, slips and falls are an everyday occurrence, unfortunately, some of these can result in serious head injuries.

Road Traffic Accidents

A significant proportion of minor and serious head injuries tend to occur as a consequence of road traffic accidents. Whether as a pedestrian struck by a vehicle or an innocent party involved in a head-on collision, the impact force of a speeding vehicle can be significant.

Workplace

Whether as a consequence of trips, slips and falls, items falling from a great height or the victim themselves falling from a great height, the workplace can be a dangerous place. The majority of workplace injuries tend to revolve around an employer’s duty of care to their employees.

How Do I Prove Negligence?

If you have suffered a head injury as a consequence of negligence by one or more third parties, you need to gather as much evidence as possible. In some cases, you may need assistance to gather evidence if you have suffered a severe head injury that has incapacitated you for any period of time.

If possible, you should start gathering evidence and documenting the incident as soon as possible.

Some of the more common types of evidence include:-

  • Photographic evidence
  • Witness statements
  • Medical records
  • Details of treatment received
  • Lack of relevant safety equipment
  • Timeline of events
  • Details of pain and suffering post-incident
  • Evidence of safety issues
  • Lack of relevant training
  • Malfunctioning machinery

Even a brief glimpse of the above list, which is by no means exclusive, gives you an idea of the type of evidence that can be used when pursuing compensation.

Do I Need to Use a Claims Management Company?

When pursuing compensation for a minor/severe head injury, the medical evidence required can often be complex. While there is nothing stopping the claimant from pursuing compensation in their own right, with no assistance from third parties, this can be dangerous.

Not only do you need to have the relevant evidence to hand, but there are also various legal necessities to address. Perfectly valid claims can fall by the wayside if deadlines are missed or the required information is not lodged.

Therefore, especially with relatively complex issues such as head injuries, it would be sensible to at least talk to a claims management company.

How Do I Appoint a Claims Management Company?

Once you have gathered as much evidence as possible and documented a timeline of events leading up to the incident, it is time to approach a claims management company. They will offer an independent review of your case and evidence.

Where they believe you have a minimum 60% chance of success, they would likely offer to take on your case on a “no-win, no fee” basis. This effectively indemnifies the claimant from any costs incurred when pursuing their head injury compensation claim.

What Is a Success Fee?

As part of the wider arrangement, a claims management company will negotiate a success fee with the client. This entitles them to a share of any compensation awarded. The traditional figure tends to be around 25% but can vary on a case-by-case basis.

What Level of Compensation Might I Expect?

When it comes to brain and head injuries, the level of potential compensation will vary widely depending on the severity of the injuries. For example:-

  • Epilepsy brought on by head injury will attract compensation from £8,480-£119,650.
  • Minor brain/head injuries might attract compensation from £1,760 to £10,180
  • Severe brain damage, towards the lower end of the scale, can attract compensation from £12,210 up to £34,330
  • Moderate brain damage compensation can vary from £34,330 up to £174,620
  • Moderately severe brain damage will attract compensation in the bracket £174,620-£224,800
  • Very severe brain damage attracts the highest level of compensation, between £224,800 and £322,060

It is worth noting that these levels of compensation relate to general damages, financial compensation for pain and suffering.

Special damages, which relate to historical, current and long-term expenses, can be significantly greater. These will take into account medical costs, changes to the home, loss of earnings and various other aspects.

Summary

When looking to pursue compensation for head injuries received as a consequence of negligence by one or more third parties, medical evidence in itself can be complex. As a consequence, many people use the services of a personal injury claims management company.

These companies have long-term experience pursuing all kinds of compensation claims. They know the intricacies of the UK legal system and deadlines; as well as the information required and they, tend to be expert negotiators, especially with out-of-court settlements.

How Can Money Savings Advice Help You With Making a Personal Injury Compensation Claim?

Here at Money Savings Advice, we have partnered with some of the UK’s leading Personal Injury Claims management companies. They have already helped thousands of people claim compensation for injuries they have incurred, and they can do the same for you.

Choosing an independent claims management company means they won’t proceed with a claim unless they are sure it is in your best interests. They are also regulated by the FCA, which gives you an additional layer of protection.

If you would like to speak to one of these claim management companies who can help you make a compensation claim, then click on the below and answer the very simple questions.

Money Savings Advice Author Mark Benson

Mark Benson

Mark has been writing professionally for over ten years for the financial sector. Having started in the financial world as a stock-broker in central London and then moving to equities trader Mark is one of our senior financial writers who has a vast knowledge of multiple financial sectors.

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Money Savings Advice is a trading style of Consumer Credit Justice Ltd.

Consumer Credit Justice Limited is authorised and regulated by the Financial Conduct Authority, Reference 834486. We are regulated by the FCA in respect to claims management activities.

You do not need to use the services of Consumer Credit Justice, or any other claims management company, to make a claim. You are free to choose an independent solicitor of your choice.

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