Head & Brain Injury Compensation: Claims Process Explained

If you or a loved one has sustained a head or brain injury in an accident that wasn’t their fault, you could be eligible to claim for compensation. With the overwhelming personal impact such an injury can cause to the sufferer and their loved ones, you may be reluctant to take the steps to seek compensation. However, with the right advice, support, and professional head injury lawyers by your side, you can receive the compensation that you’re entitled to.

This guide covers the types of head and brain injury that personal injury lawyers work with and how the process works for making a claim.

What is a traumatic brain injury?

You may not know what’s classified as traumatic or mild for brain injuries, so we’ve detailed the criteria below.

Traumatic brain injuries fall into two categories:

• Penetrating TBI: An object enters the skull and brain tissue, resulting in partial brain damage.
• Non-penetrating TBI: An impact on the brain after a strong force hitting the skull.

Common injuries include:

• Diffuse axonal injury (DAI)
• Concussion
• Hematomas
• Contusions
• Skull fractures

As well as physical health impacts, which could affect daily life and your ability to work, there are also emotional impacts, which can include irritability, mood swings, or changes in personality.

More serious TBI can even lead to death, and it is possible to claim compensation for the death of a loved one.

Common causes of traumatic brain injury include:

• Sports injuries
• Falls
• Road traffic accidents
• Falling objects
• Criminal assault or violence
• Explosions

Can you claim compensation for a brain injury?

If you or a loved one has sustained a brain injury in an accident that wasn’t their fault, they could claim compensation to support them financially with their recovery process.

How much compensation do you get for a mild or traumatic brain injury?

The level of compensation you can claim will often depend on how severe and limiting the injury is.

Depending on the severity, a traumatic brain injury could leave you eligible for compensation between £1,450 – £288,500. However, every claim is awarded on a case-by-case basis that factors in lost wages, pain and suffering, costs associated with the incident, and emotional strain.

A mild head or brain injury may be fully recoverable, and can include headaches, superficial cuts, bruises, lumps, headaches, and mild concussions. You might only need compensation to cover the short-term expenses and time off work.

What about if your condition worsens over time?

Traumatic brain injury can result in neurological problems and further health complications down the road. For instance, there are studies that suggest a link between traumatic brain injury and Alzheimer’s. You may wonder whether you can claim extra compensation to cover future complications, and this is worth discussing with your personal injury lawyer.

How does the claims process work?

In most cases, the claims process starts with contacting a specialist personal injury lawyer who handles head and brain injury cases. If you speak to a smaller specialist, such as the team at Capital Lawyers, you can find out almost straight away whether you have a case for claiming compensation.

There are certain criteria you will need to meet to pursue a claim, including:

• The date of the accident that led to your injuries should have occurred within the last three years.
• A third party will need to be fully or partially at fault.
• You will need to prove that you have an injury.

It also helps to have evidence, which can include the following:

• A list of witnesses and their contact information
• Witness statements
• Contact information of the responsible party
• Photographs or CCTV footage from the scene
• Medical reports (diagnostics may include blood tests, X-rays, CT scans, EEG recordings, or MRI scans)
• Police reports (if applicable)
• Receipts of expenses accrued as a direct result of your injury

This evidence could speed up the process of getting a settlement and ensure you’re getting the full amount of compensation you deserve.

Many claimants worry about attending court, but in most cases, your personal injury lawyer can navigate a settlement without you attending court. They will send correspondence to the party responsible for your injury, and begin the legal process.

There may be a small chance you need to attend court, but if you do, your lawyer will discuss what to expect and answer all your questions. They’re there to support you through the process, offering a compassionate service that understands this is a difficult time for you and your loved ones.

In most cases, once you’ve provided all the documents and detailed the extent of your injury and how this has impacted you, the lawyers will take care of the rest. They’ll keep you informed throughout the process.

Want to find out more about making a claim?

If you’ve experienced injuries in an incident that wasn’t your fault, contact us today to see if you can make a claim with our head and brain injury solicitors. We have a 98% success rate with our cases and help you navigate the legal process with a compassionate personal injury lawyer by your side. As a no win, no fee lawyer, you won’t have to worry about paying a penny unless we win your case.