By Stephen Bishop. Last Updated 12th September 2024. Welcome to our guide, which focuses on making a concussion injury claim. Whether you are at your place of work or driving your car, an accident is never an expected turn of events. Unfortunately, an accident can inflict injuries that can range from minor to life-altering. In some situations, an accident could be a blameless and unfortunate event where nobody is at fault.
However, there are some scenarios where a negligent third party that owes you a duty of care could be at fault. If that is the case and you’ve experienced a concussion or minor head injury due to the fault of another, you could be searching for a solicitor that could handle your head injury accident claim.
If that is the case and you wish to make a concussion injury claim, Legal Helpline could be of service. We could connect those with a valid claim to a specialist solicitor from our panel. If at any point when reading this guide you have any questions or would like to begin your claim, please contact a member of our team using the number at the top of this page. Our advisors are available 24 hours a day, 7 days a week, and they can offer free, no strings attached legal advice.
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- Eligibility Criteria For Concussion Head Injury Claims
- Causes Of Concussions And Minor Head Injuries
- What A Concussion Injury Settlement Could Include
- What Is The Average Settlement For Concussion?
- No Win No Fee Solicitors For Concussion Head Injury Claims
- Supporting Information
Eligibility Criteria For Concussion Head Injury Claims
You are owed a duty of care in various daily situations. These include:
- On the roads – All road users have a duty of care to use the roads responsibly to avoid causing harm to each other. They must also adhere to the Highway Code and Road Traffic Act 1988.
- In public places – Anyone in control of a public space has a duty of care under the Occupiers’ Liability Act 1957 to take steps to ensure the reasonable safety of those visiting that public place.
- At work – Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974 to take reasonable steps to ensure your safety while working.
To be able to make a personal injury claim for a head injury or concussion, you will need to prove:
- You were owed a duty of care.
- This duty was breached.
- You were injured as a result.
Contact our advisors today to discuss the eligibility of your case.
How Long Do I Have To Claim For A Concussion?
As set out in the Limitation Act 1980, the time limit for starting a personal injury claim is three years. This time limit applies from the date of your accident.
This time limit can work differently under certain circumstances. For example, if a child suffers a concussion injury, then the time limit is paused until their 18th birthday. Before that day arrives, a claim could be made on the child’s behalf by a court-appointed litigation friend. If a claim has not been made by the child’s 18th birthday, then they will have three years to start a claim from that date.
For injured parties that lack the mental capacity to start a claim on their own, the three-year time limit is indefinitely suspended. A litigation friend could make a claim on the injured party’s behalf if this circumstance applies. However, if the injured party later regains enough mental capacity to claim and one hasn’t already been made, then the three-year time limit will start from the date of recovery.
Call our advisors or contact them online today to see if you are within the time limit to start your concussion claim.
Causes Of Concussions And Minor Head Injuries
There are numerous types of incidents which could potentially cause head injuries and later lead to a concussion compensation claim in response. Examples include:
- A road traffic accident – For example, you get hit by a car while on your bicycle due to them not checking a junction was clear before pulling out.
- An accident at work – Such as being hit by a falling object due to a fault overhead production line not being regularly maintained by your employer.
- An accident in a public place – Such as slipping and falling in a supermarket because of a spillage when there was no wet floor sign in place.
Whatever kind of accident has caused your injury, you may be eligible to make a concussion claim if the incident occurred because another party breached a duty of care they owed you.
For more advice on whether you’re eligible to claim for a concussion or the claiming process, please contact our team of advisors for free today.
What A Concussion Injury Settlement Could Include
If a negligent third party has caused you harm, you could be unsure of the damages that could be considered when pursuing a concussion injury claim. The claims process is designed to ensure all harm, both physical and financial, that has been inflicted by a negligent party are taken into consideration. A compensation package will account for such harm in the form of two heads of claim: special damages and general damages.
General Damages
General damages are awarded to compensate for the physical pain and psychological suffering after an accident. For example, those that experience a physical injury because of a negligent third party could be left with life-altering physical repercussions. If that is the case and a third party was at fault, general damages could be awarded to the harmed individual for the suffering they’ve endured.
Special Damages
Special damages are often awarded to those that experience a financial loss after an accident. To illustrate a greater understanding of the different types of financial loss that could occur after an accident, we have provided a list:
- Medical Costs – If you required surgery or treatment that wasn’t covered by the NHS, you might have had to fund your medical expenses personally. If that is the case, this financial expenditure could be taken into consideration.
- Travel Costs – After a road traffic accident, your vehicle could be written off for quite some time or require costly repairs. During this process, you might use public transportation or a rental car. The financial costs of tickets or renting another vehicle could be considered when pursuing a claim against the negligent party that is at fault.
- Loss of Earnings – If a negligent third party has caused you harm, you might require time off from work to heal and recover. During this time off from work, you could lose potential earnings if your employer doesn’t have a sick pay arrangement set in place. If that is the case, the financial loss you’ve endured during the recovery period could be considered.
What Is The Average Settlement For Concussion?
You may want to know what the average payout for concussion is. It isn’t something that’s particularly worth knowing because every claim is unique. When you consider the significantly different factors contributing to your payments under the general damages and special damages heads of loss, your post-concussion syndrome compensation could be very different to someone else’s.
If you make a concussion or head injury claim, those responsible for calculating a payout will consider all factors. This includes:
- Whether you’ve provided evidence of financial loss to support a claim for a special damages payment.
- The extent of your concussion injury and its impact on your life.
- Whether you suffered other injuries.
The Judicial College Guidelines (JCG) is a document that can help with the general damages portion of the calculation. It provides guideline compensation figures for different injuries. We’ve taken some examples relevant to concussion and head injury claims for use in the table you see below. Just the top line isn’t from the JCG.
Please remember, however, that this is just a guide. You can get even more detailed information about concussion compensation by calling our helpline today.
| Injury | Severity | Amount Awarded | Injury Description |
|---|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £1,000,000+ | If you can claim for multiple serious injuries affecting the head and other parts of your body, then you may receive a payout covering all of these injuries plus any related special damages, such as loss of earnings, for instance. |
| Brain Damage | Very Severe | £344,150 to £493,000 | In very severe cases, the affected individual is expected to have a loss of basic commands, a shorter life expectancy, sensory impairment, physical limitation. |
| Brain Damage | Moderately Severe | £267,340 to £344,150 | A moderately severe case of brain injury si expected to cause a serious case of disability and injury. The affected party will be dependent on other to operate and fulfil most tasks. |
| Brain Damage | Moderate (i) | £183,190 to £267,340 | In cases of this nature, there will be a moderate to severe intellectual deficit, a personality change, and an effect on sight, speech and a risk of epilepsy. |
| Brain Damage | Less Severe | £18,700 to £52,550 | Minor cases of this nature are often expected to make a good recovery, return to work, and able to perform daily tasks. However, symptoms such as memory loss and a lack of concentration could prevail. |
| Head or Brain Injury | Minor | £2,690 to £15,580 | A minor brain or head injury of this nature is often expected to be minimal. The affected individual may display signs of headaches and various symptoms. Those at the bottom of the bracket are expected to make a full recovery with a few weeks. |
| Neck Injury | Severe (i) | In the region of £181,020 | An injury of this nature is often expected to leave spastic quadriparesis, leaving the individual with severe headaches and discomfort. |
| Neck Injury | Minor (i) | £5,310 to £9,630 | Injuries of this calibre are expected to make a fulfilling recovery with a one to two-year timeframe. However, symptoms such as headaches or back pain could prevail. |
No Win No Fee Solicitors For Concussion Head Injury Claims
One of the solicitors on our panel could help you with your personal injury claim. They have years of experience handling various types of cases, including minor head injury claims. They could also help you gather evidence for your claim to help increase your chances of claiming compensation for a minor head injury. Additionally, one may offer to work with you under a Conditional Fee Agreement, which is a type of No Win No Fee agreement.
When working with a No Win No Fee solicitor, you won’t need to pay any fees upfront or while the claim is being processed for their services. If your claim is unsuccessful, you usually won’t have to pay your solicitor anything for their services. However, if your claim is successful, your solicitor will take a legally capped percentage of your compensation award. This is known as a success fee.
Contact our advisors today to learn more about working with a No Win No Fee solicitor for concussion claims. They could also offer you free advice for your potential claim.
The number to call is 0333 000 0729.
To enquire through our online services, please click here.
Supporting Information On Making A Concussion and Minor Head Injury Claim
Work Accident Claims – Could I sue a negligent employer after an accident?
Head injury claims – What should do you do following a traumatic head injury?
Fatal Work Accident Claims – Could I claim on behalf of a lost loved one?
Holiday/Accident Abroad Claims – How to claim compensation for head injuries abroad?
Medical Resources
Citizen’s Advice – Vehicle insurance after an accident that wasn’t your fault
NHS – First aid and what to do after an accident
HSE – The Health and Safety at Work Statistics
Thank you for reading our guide to making a concussion injury claim.
