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A head injury can have a profound impact, affecting not just the individual but also their family and loved ones. These injuries can result in significant cognitive or physical challenges that may drastically change a person’s daily life.
A severe head injury might require you to take extended time off work or even force a career change if you are no longer able to fulfil your usual responsibilities. Additionally, you may find yourself relying more heavily on family or friends for help with everyday tasks.
If you’ve suffered a head injury due to someone else’s negligence or circumstances beyond your control, pursuing compensation could be a vital step in your recovery journey.
If you’ve experienced a brain injury caused by negligence, you may be entitled to compensation. Our experienced head injury solicitors are here to guide you through the process. Contact us today to learn more about how we can assist you.
Common accidents that lead to head injury claims
Head injuries can arise from various types of accidents, many of which are preventable and often occur due to negligence. Common scenarios that lead to head injury claims include:
1. Road Traffic Accidents
- Car Accidents: Head injuries frequently occur in collisions where drivers or passengers hit their head against the steering wheel, dashboard, or window.
- Cycling Accidents: Cyclists are particularly vulnerable to traumatic brain injuries (TBIs), even when wearing helmets.
- Pedestrian Accidents: Pedestrians struck by vehicles often sustain head injuries due to the force of impact.
2. Slips, Trips, and Falls
- Wet or Uneven Surfaces: Falls caused by poorly maintained floors or unmarked hazards in public or private spaces can lead to serious head injuries.
- Workplace Accidents: Employees in construction, warehouses, or retail environments may suffer head injuries from falls on slippery surfaces or accidents involving ladders or scaffolding.
3. Workplace Accidents
- Falling Objects: In industries like construction or manufacturing, workers are at risk of head injuries from tools or equipment falling from heights.
- Heavy Machinery Incidents: Mishandling or malfunctioning of machinery can lead to devastating head injuries.
4. Sports and Recreational Accidents
- Head injuries are common in contact sports (e.g., football, rugby) or activities like skiing, horseback riding, and diving, especially when safety precautions aren’t adequately followed.
5. Medical Negligence
- Mistakes during medical procedures, such as surgeries or improper handling of patients, can sometimes result in head injuries.
6. Criminal Assaults
- Physical assaults, including those involving blunt force trauma, can lead to severe head injuries, and victims may pursue compensation through criminal injury claims.
If you’ve suffered a head injury due to an accident caused by someone else’s negligence, you may be entitled to compensation. Speak to our expert team for tailored advice and support.
Types of head injuries
Head injuries can range from mild to severe, affecting the scalp, skull, or brain tissue. They can significantly affect a person’s quality of life. Here are the different types of head injuries:
- Scalp wounds: These are the most common type of head injury and show as cuts or tears in the skin of the scalp. They can bleed freely, but are usually not serious.
- Concussion: A concussion is a traumatic brain injury that alters the way the brain works. Concussions can be caused by a blow to the head, or by a jolt that throws the brain against the skull. Symptoms of a concussion can include headache, dizziness, nausea, vomiting, confusion, and memory problems. Most concussions get better on their own within a few weeks, but it is important to see a doctor to get a diagnosis and treatment plan.
- Skull fracture: A skull fracture is a crack or break in one of the bones of the skull. Skull fractures can range from minor to life-threatening. Symptoms of a skull fracture can include headache, nausea, vomiting, dizziness, confusion, and bleeding from the ear or nose.
- Hematoma: A hematoma is a collection of blood outside of a blood vessel. Hematomas can occur inside the skull (intracranial hematoma) or outside the skull (extradural hematoma). Intracranial hematomas can be very serious and can cause life-threatening bleeding and swelling in the brain.
- Contusion: A contusion, also known as a bruise, is a collection of blood vessels that have been damaged by a blow to the head. Contusions can occur on the surface of the brain (cortical contusion) or deep within the brain (white matter contusion). Contusions can cause brain damage and swelling.
- Penetrating Head Injuries: These injuries occur when an object pierces the skull and enters the brain. Common causes include gunshot wounds and stab injuries. Symptoms depend on the location and extent of the injury, but can include severe bleeding, loss of consciousness, and neurological deficits.
- Second Impact Syndrome (SIS): SIS occurs when a person suffers a second concussion before the symptoms of an initial concussion have fully healed, leading to rapid and severe brain swelling. Symptoms can be catastrophic, including loss of consciousness, severe cognitive impairment, and even death.
What should I do after a head injury accident?
There are a number of steps you should try to take following a head injury accident. These include:
- Seek emergency medical care immediately. Head injuries can have serious consequences, and timely treatment is crucial.
- Gather information about the accident, including photographs, witness statements, and police or accident reports.
- If the injury occurred at work, inform your employer and report the incident according to workplace procedures.
- Keep copies of all medical records, including diagnoses, treatment plans, and any rehabilitation.
- If the head injury resulted from someone else’s negligence or fault, consult head injury solicitors. They can help you understand your legal options and the process for pursuing brain injury compensation.
What is the head injury claims process?
During your initial consultation, our dedicated team of head injury solicitors will provide clear, tailored legal advice about your compensation claim. We’ll also explain the limitation rules that apply to your case, ensuring you understand the timeframes involved.
To assess the likelihood of a successful claim, our head injury solicitors will ask for detailed information about your accident and injuries. This typically includes:
- The location, date, and time of the accident.
- A description of your injuries.
- Details of any witnesses.
- Information about the defendant.
- A thorough account of the circumstances surrounding the incident.
Gathering strong evidence is crucial during the early stages of your claim, particularly if proceeding under a no win, no fee agreement. This evidence may include:
- CCTV footage of the incident.
- Medical records documenting your injuries.
- Photographic evidence of the harm suffered.
- Witness statements.
In some cases, your head injury solicitor may arrange for you to see a medical expert. This independent specialist will assess your injuries and provide a detailed report about their severity and impact. This report is key to determining the level of compensation you may be entitled to.
If we determine that your claim is likely to succeed, we will support you on a no win, no fee basis, meaning you won’t pay any legal fees if the claim is unsuccessful.
Once your claim is filed, the defendant will be notified and given the opportunity to accept or deny liability. If liability is accepted, we will work to negotiate a fair settlement on your behalf. Should the defendant deny responsibility, court proceedings may be necessary to resolve the matter.
Our specialist solicitors are committed to guiding you through every step of the process, ensuring your claim is handled with care and expertise.
How much compensation could you receive?
Determining the amount of compensation for a head injury claim is a complex process and depends on various factors specific to the case. Compensation amounts are influenced by factors such as the severity of the injury, the impact on the individual’s life and earning capacity, medical expenses, rehabilitation costs, and the long-term consequences of the injury.
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 head 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 due to the head injury. 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 head injury claim, as each brain injury case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case. Our head injury solicitors will also advocate for interim payments for our clients to cover any immediate costs, such as medical treatment and travel expenses.
How long do you have to make a head injury claim?
The time limit for making a head injury claim depends on the circumstances of the case and is governed by limitation rules. In most cases, the general rule is you typically have three years from the date of the accident or injury to file a claim. This is known as the limitation period.
There are some exceptions to the standard three-year limit:
- Mental Incapacity: If the injured party is unable to make decisions for themselves due to their injury (e.g., severe brain damage), the three-year period may not apply until they regain mental capacity. Alternatively, a litigation friend can bring a claim on their behalf.
- Children: If the injured person is under 18, the three-year period does not start until their 18th birthday. A claim can be made at any time before they turn 21.
- Fatal Injuries: In cases where the head injury leads to death, the three-year period starts from the date of death or the date when the cause of death was known.
- Claims Against Criminal Injuries: If the injury sustained resulted from a criminal act, you may need to make a claim through the Criminal Injuries Compensation Authority (CICA), which has a shorter time limit of two years.
If you were not immediately aware that your injury was linked to an accident (for example, symptoms developed later), the three-year period may begin from the date of knowledge, when you realized the injury was caused by negligence.
It’s always advisable to start the claims process as early as possible to ensure that evidence and witness accounts remain fresh and to allow sufficient time for legal preparation.
If you believe you may be eligible for a head injury claim, our expert head and brain injury solicitors can help you determine the applicable time limits and guide you through the process.
Why choose Beacon Law?
Our team of head and brain injury claim solicitors are highly experienced and capable of assisting clients on a wide variety of cases. Our personal injury lawyers 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 suffered a brain injury at the fault of someone else, then please contact us today at 0330 1332 857 to start your claim or complete our contact form at the top of the page to request a call back from a member of our personal injury team.
Beacon Law are a Solicitors 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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Last Updated on December 4, 2024 by Stacey