Head Injury: Claim Compensation Today
Find out how much your personal injury claim may be worth
Head injuries are commonly suffered in a wide range of accidents. Head injury claim compensation can assist victims of these types of accidents in the recovery of their injuries and help them get the justice they deserve.
A head and brain injury from an accident can lead to several negative impacts on a person’s life, including:
Cognitive impairments: memory loss, difficulty with concentration, reduced mental capacity, attention, problem-solving and decision-making abilities.
Physical impairments: loss of coordination, balance problems, muscle weakness, headache, fatigue and sensitivity to light and sound.
Emotional and behavioral changes: depression, anxiety, irritability, mood swings and loss of inhibitions.
Communication difficulties: speech and language impairments, difficulty in expressing oneself.
Financial burden: medical bills, lost income from work, and cost of rehabilitation.
Reduced quality of life: changes in personal relationships and difficulty in participating in everyday activities.
The extent of these impacts varies depending on the severity of the head injury, but any head injury should be taken seriously and treated promptly.
Accidents that commonly lead to head injuries
Head injuries can occur from a variety of accidents, including accidents at work, on the road, and from medical negligence.
Medical negligence, such as misdiagnosis or delayed diagnosis of head injury, failure to properly treat a head injury, neglect during post-operative care, and anesthesia errors during surgery, can also result in head injuries.
Criminal attacks and assaults often lead to victims sustaining head or brain injuries, especially if they have been struck on the head.
Regardless of the type of accident, a direct blow or forceful jolt to the head can result in traumatic brain injury or skull fracture, potentially causing long-term or permanent damage.
An injured person may make a head or brain injury claim on a no win, no fee basis if they can prove that their accident was caused by the negligence of another person. The aim of head injury claim compensation is to help the victim recover for their injuries, reimburse them for any expenses incurred and compensate them for any pain, suffering and loss of amenity.
Contact us today to find out if you could be entitled to head injury compensation.
Head injury claim compensation amounts
The amount of compensation that can be received for a head injury compensation claim depends on several factors, such as:
Severity of injury: The more severe the injury, the higher the compensation award will be.
Loss of earnings: If the injury has resulted in a loss of earnings, this will be taken into account when calculating compensation.
Medical expenses: Reasonable costs for medical treatment and rehabilitation will also be included in the compensation award.
Quality of life: The injury may impact the victim’s quality of life, and compensation may reflect this.
Personal injury claims are split into general damages and special damages. General damages refers to the compensation awarded for pain, suffering and loss of amenity, whereas special damages refers to the amount claimed for any additional financial losses, such as loss of earnings.
It’s difficult to give a specific figure for a head injury claim, as each case is unique and compensation awards can range from several thousand to millions of pounds. It’s best to consult a personal injury solicitor who can advise on the specific details of your case and provide a more accurate estimate of the amount of compensation you may be entitled to receive.
The process of making a head injury claim
The process of making a brain injury claim typically involves the following steps:
- Consult a specialist solicitor: Find a personal injury solicitor who has experience in dealing with brain injury claims, such as Beacon Law. Before speaking to a solicitor, it is important that you seek medical attention for your injuries.
- Provide details of the incident: Provide the solicitor with all relevant information about the incident that caused the injury, including the date, time, and circumstances of the accident.
- Gather evidence: The solicitor will gather evidence, such as medical reports, witness statements, and police reports, to support the claim.
- Calculate the value of the claim: The solicitor will estimate the value of the claim, taking into account factors such as loss of earnings, medical expenses, and the impact on quality of life.
- Submit the claim: The solicitor will draft a letter of claim and send it to the responsible party, such as the employer or the driver in a road traffic accident.
- Negotiate a settlement: The responsible party’s insurance company will investigate the claim and may make an offer of settlement if they admit liability for the accident. If the offer is acceptable, the claim will be settled. If not, the case may proceed to court.
- Court proceedings: If the case proceeds to court, the solicitor will represent the claimant and present the evidence to the judge. The judge will make a decision on the case and award compensation, if appropriate.
It’s important to note that the claims process can take several months or even years to resolve, depending on the complexity of the case. A specialist solicitor can advise on the specific details of your case and guide you through the process.
In some circumstances, the solicitor may request interim payments from the defendant to help fund the victim’s recovery.
Time limits for obtaining head injury claim compensation
In England and Wales, the time limit for making a brain injury compensation claim is typically 3 years from the date of the incident or from the date that the injury was first diagnosed. This is known as the “limitation period.”
However, there are some exceptions to this rule, such as:
- Children: Children have until their 21st birthday to make a claim, regardless of when the injury occurred.
- Mental capacity: If the claimant lacks the mental capacity to make a claim, the limitation period does not start until they regain capacity or until a litigation friend is appointed.
It’s important to seek legal advice as soon as possible, even if you’re unsure whether you have a valid claim, as some evidence may become unavailable or harder to obtain over time. A specialist solicitor can advise on the specific details of your case and the time limits that apply.
How long will it take to recover head injury claim compensation?
The length of time it takes to settle a head injury claim can vary widely depending on a number of factors, including the severity of the injury, the complexity of the case, and the willingness of the defendant to settle.
In some cases, a head injury claim can be settled within a few months, particularly if the injuries are minor and the defendant accepts liability. However, in more complex cases, it can take several years to reach a settlement.
In cases of severe head injury, it can take several years for the full extent of the injury to become apparent. In these cases, it is often necessary to wait for the claimant’s condition to stabilise before settling the claim. This can involve obtaining medical reports, rehabilitation, and ongoing treatment.
It’s important to remember that every head injury claim is unique and the time it takes to reach a settlement can vary widely. A specialist solicitor can provide an estimate of the time it may take to settle a specific claim, based on the details of the case.
Head injury: Claim compensation on a no win, no fee basis
A no win no fee head injury claim is a type of agreement between a personal injury claimant and a solicitor. It allows the claimant to make a claim for compensation without having to pay any upfront legal fees. Instead, the solicitor will take a percentage of the compensation award as their fee if the claim is successful. This fee is capped at 25% of the amount of compensation received by the claimant. This will be deducted from damages at the end of the case.
Under a no win no fee agreement, if the claim is unsuccessful, the claimant will not be responsible for paying any legal fees to the solicitor. This means that the claimant can pursue a claim without the financial risk of having to pay legal fees if the case is lost.
No win no fee agreements can provide access to justice for people who might otherwise be unable to afford to make a claim. It can also be useful for claimants who do not wish to take the financial risk of making a claim.
In most circumstances, claimants will be required to take out an ATE insurance policy as part of the no win no fee agreement.
ATE, or After the Event insurance, is a type of insurance policy that can be used in head injury claims. It provides cover for the claimant’s legal costs in the event that the claim is lost.
ATE insurance is usually taken out after the claim has been initiated and is typically used to cover the risk of the claimant having to pay the defendant’s legal costs if the claim is unsuccessful. The policy provides cover for the claimant’s legal fees, including the solicitor’s fees, court fees, and other expenses incurred in pursuing the claim.
ATE insurance can be particularly useful in head injury claims, as the costs of pursuing a claim can be high and the outcome uncertain. It provides peace of mind for the claimant, who knows that their legal costs will be covered if the claim is lost.
The cost of the ATE insurance policy is only payable if the claim is successful and will be deducted from damages on conclusion of the case.
How can Beacon Law assist?
Beacon Law Solicitors is a UK law firm providing a nationwide service. We specialise in personal injury claims, including head injury claims compensation. Our firm has a team of experienced solicitors who are dedicated to helping clients get the compensation they deserve for their injuries.
Beacon Law Solicitors provides a range of services, including no win no fee arrangements, which allow clients to pursue a claim without having to pay any upfront legal fees. We also offer a free initial consultation, where clients can discuss their case with a specialist solicitor and get advice on the best way to proceed.
In terms of head injury claims, Beacon Law Solicitors has experience in helping clients who have suffered a range of injuries, from minor head injuries to more serious brain injuries. The firm can provide expert advice on the compensation that may be available and guide clients through the process of making a claim
We are authorised and regulated by the Solicitors Regulation Authority. We will provide assistance throughout your case and act only within your instructions in progressing the matter.
If you require our assistance or wish to discuss your case based on its individual facts, please do not hesitate to contact us by completing the online contact form on our website, and a specialist Solicitor will contact you. Alternatively, you may call us on 0330 1332 857 to discuss your potential case