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Can you Claim for a Concussion?

 

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A concussion is a type of traumatic brain injury that occurs when the brain is jolted or shaken, often due to a sudden blow or impact. A concussion is generally considered a relatively minor injury, with recovery typically taking just a few weeks. However, it can also be an indicator of a more severe brain injury, which may lead to long-term negative effects on health and well-being.

For individuals who have suffered a concussion due to someone else’s negligence or through circumstances beyond their control, seeking compensation can be an important step towards recovery.

If you were involved in an accident that led you to suffer a concussion due to negligence, you may be eligible to claim for compensation. If you have been left wondering, ‘can you claim for a concussion?’, then please do not hesitate to get in touch with us today.

Common accidents that lead to concussion

Concussion claims often arise from various accidents that cause significant trauma to the head. Common incidents that lead to such claims include:


Road traffic accidents
: Collisions involving cars, motorcycles, bicycles, and pedestrians are frequent causes of concussions. These injuries are especially severe when seatbelts or helmets are not used. Claims for road traffic accidents can be made under the Road Traffic Act 1988.

Accidents at work: Industrial or construction site incidents, such as falls from heights, being struck by falling objects, or machinery malfunctions, often result in concussions. If it can be established that your employer owed you a duty of care and breached their duty of care, you could be eligible to claim.

Slips, trips, and falls: Whether occurring in public spaces or private properties, these accidents can cause head trauma if a person strikes their head on a hard surface during a fall.

Sports injuries: Concussions from contact sports like football, rugby, or boxing, as well as extreme sports, are common. Claims may arise from negligence in enforcing safety protocols.

Assaults or violence: Physical assaults that result in concussions can lead to compensation claims, especially if the injury was caused by criminal acts or insufficient security measures.

Defective products: Faulty safety equipment, such as helmets or seatbelts, and malfunctioning consumer products can lead to concussion injuries, prompting claims for compensation.

Can you claim for a concussion?

Yes, you can claim compensation for a concussion in the UK if the accident was someone else’s fault. To pursue a concussion claim, you will need to establish that another party was responsible for the injury, and you must provide evidence such as medical records, witness statements, and accident reports.

Consulting a solicitor who specialises in personal injury or brain injury claims can help you navigate the legal process and seek compensation for your injury, including any lasting effects it may have on your health and well-being.

What should I do following a concussion accident?

There are a number of steps you should try to take following a concussion accident. These include:

  • Seek emergency medical attention right away, as it is important to treat concussions as soon as possible.
  • Collect all relevant details about the accident, including photographs, witness statements, and any police or accident reports.
  • If the injury happened at work, notify your employer and report the incident following workplace procedures.
  • Ensure you keep copies of all medical documents, such as diagnoses, treatment plans, and rehabilitation records.
  • If the concussion was caused by someone else’s negligence, consult with head injury claims solicitors. They can guide you through your legal options and the process of pursuing compensation for concussions.

What is the concussion claims process?

During your initial consultation, our team of concussion claims solicitors will provide you with comprehensive legal advice regarding your head injury compensation claim and inform you about the relevant limitation rules that apply.

Our experienced lawyers will request detailed information about your accident and the injuries you sustained as a result. This information will enable our injury lawyers to assess the likelihood of a successful claim on your behalf.

Examples of the information our lawyers may require include the location, date, and time of the accident, a description of the nature of your injuries, details of any witnesses to the incident, information about the defendant involved, and a thorough understanding of the circumstances surrounding the accident.

During the initial stages of your compensation claim, it is crucial to gather relevant evidence to make a no win, no fee agreement claim. This evidence may consist of CCTV footage of the incident, medical records documenting your injuries, photographic evidence of the harm suffered, and statements from witnesses.

In some cases, your personal injury solicitor may refer you to medical experts to assess your injuries to obtain detailed medical reports specifically related to your case. A medical assessment by an independent specialist is usually required to provide an expert opinion on the severity of the concussion and its effects. This will help quantify the damages (compensation) you may be entitled to.

If we determine that your head injury claim is likely to succeed, we will support your claim and offer our work under a conditional fee agreement. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.

Once your claim is filed, the defendant will be notified, and they will have the opportunity to accept or deny liability for your injuries. If liability is accepted, negotiations for a settlement will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.

How much compensation could I receive?

The amount of compensation you can receive for a concussion depends on several factors, including the severity of the injury, its long-term impact on your life, and any financial losses you’ve suffered as a result.

Concussion compensation is typically split into the following categories:

  • General Damages: These damages aim to compensate for the pain, suffering, and loss of amenity caused by the injury. The severity and long-term effects of the injury are significant factors in determining the general damages awarded.
  • Special Damages: Special damages cover the quantifiable financial losses incurred because of your injuries. This includes medical expenses, rehabilitation costs, loss of earnings (both past and future), expenses related to care and support, and any necessary adaptations to the individual’s living arrangements.

It is important to note that there is no fixed compensation award for a concussion compensation claim, as each case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case. Our specialist solicitors can also advocate for interim payments to cover any immediate costs, such as private medical treatment and travel expenses.

What are the time limits for concussion claims?

In the UK, there are specific time limits, known as limitation periods, for making personal injury claims. These time limits are set out in the Limitation Act 1980. Typically, you must make a claim within 3 years of the date the head injury occurred or from the date you became aware of the injury and its impact.

For head injuries caused by a crime, such as an assault, you may claim through the Criminal Injuries Compensation Authority (CICA). The time limit for CICA claims is generally 2 years from the date of the crime or from when you became aware of the injury’s impact.

However, it is important to note that there are some exceptions and variations to the general limitation period. These exceptions include the following:

  • Minors: If the injury claim involves a person who was under the age of 18 at the time when the head injury occurred, the three-year limitation period does not begin until their 18th birthday. In such cases, a litigation friend may be eligible to make a claim on their behalf.
  • Mental Capacity: If the injured person lacks the mental capacity to manage legal decisions, there is no time limit for making a claim. The limitation period only starts when the person regains capacity.

How can Beacon Law assist?

At Beacon Law, our team of personal injury lawyers are highly experienced and capable of assisting clients on head injury cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have been left wondering, ‘can you claim for a concussion?’, then please call our team today on 0330 1332 857. Alternatively, you can complete our contact details form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law is a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.

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0330 1332 857

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12 Gatley Road

Cheadle

Cheshire

SK8 1PY

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