Claims for a head injury

 

A personal injury claim can be made against a person, company or association which causes injury to another. If you have had an accident and it is the fault of someone else, then you may be able to bring a personal injury claim.

What is a head injury?

The term ‘head injury’ can be used to describe a number of injuries to the head and can include injuries to the skull, face or brain.

They can be of minor severity, for example mild concussion or mild bruising to the face. Unfortunately, many head injuries are far more serious. This is the case especially for head injuries obtained in a road-traffic accident.

Brain damage is a serious injury often seen in the victims of a road-traffic accident. Brain damage can have long-term debilitating effects, for example:

  • Memory loss
  • Fatigue
  • Loss of concentration
  • Physical and mental disability

Accidents that can result in brain damage and other head injuries, such as a fractured skull or jaw, include slip, trips and falls. These can occur virtually anywhere, but may occur as the result of another person’s negligence.

Head injuries can also occur during sporting activities and as a result of assault. In rare cases they can be the result of medical negligence. An example could be when a patient is starved of oxygen during a procedure and permanent brain damage occurs. Some head injuries can result in the development of epilepsy.

If you have been in an accident it is of paramount importance that you seek medical help, as some brain injuries may not be immediately apparent and can lead to long-term damage if not treated quickly.

If the accident has caused a head injury and the accident was not your fault, it is highly advised that you speak to a personal injury solicitor to see if you are entitled to make a claim for accident compensation.

How to make a claim

Damages for a head injury are worked out by adding together:

  • The financial losses the claimant has incurred prior to trial
  • The compensatory figure that a judge awards for the claimant’s pain suffering and loss of amenity
  • Future loss, such as future loss of earnings and future expenses relating to the injury

When considering the pain and suffering of the claimant the personal circumstances of the claimant’s case are relevant and the judge will consider the effect of the injury on the claimant.

In addition to the claimant’s circumstances in discovering what should be awarded for the head injury, a judge will also consider the outcomes in previous cases in which a head injury was suffered.

The judge will consider the contents of medical reports and what they suggest the degree of head injury is. A minor head injury may receive as little as £1,250 and as much as £7,000, while a client who suffers very severe brain damage as a result of a severe head injury could receive up to £220,000.

These figures can vary and are only for the actual injury, not for the consequential damages of the accident, such as loss of earnings and costs of medical care.

For more information on the benefits of legal representation, see our page on personal injury solicitors.

Have you sustained a head injury as a result of the negligence of another party? Contact Law can put you in touch with a specialist personal injury lawyer to help you bring a claim for compensation against the negligent party. Please call us on 0800 1777 162 or complete the web-form above.

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