The term “head injury claim” conjures up thoughts of serious injury claims that often lead to significant amounts of compensation being granted to those who have experienced devastating traffic accidents or accidents at work.
Some head injury claims do result in compensation payments that exceed millions of pounds. Typically there’s an average of 427 people admitted to the hospital for injuries on a daily basis. Of those, some are sadly diagnosed with severe brain damage.
Recent findings have shown that 75% – 80% of those patients reporting head injuries after an accident will only suffer minor symptoms such as feeling dizzy and sick for a short while or having brief periods of unconsciousness. As of the remaining 20-25%, they will be the ones left with moderate or severe brain and head injuries.
When to file a head injury claim?
If you’ve suffered a head injury as a result of an accident which wasn’t your fault, you may be able to fill a head injury compensation claim.
Expert personal injury solicitors from AccidentClaims.co.UK can help you claim for head injuries sustained in traffic accidents, accidents at work, slip and falls, or being hit by falling objects. They can also help you claim for medical negligence if your head injury wasn’t treated right.
A solicitor can represent people with head injuries ranging in severity and type – from bruising and lacerations to fractured skulls and concussions.
But don’t be fooled by minor head injuries. While they may seem trivial for some of you, minor injuries can cause long-lasting symptoms like vision problems, headaches, and dizziness, which often makes patients eligible for a compensation claim.
Who can make a head injury claim?
If another person or party is to blame for your head injury, you may be able to claim compensation. This is the case whether another person is fully or only partly accountable for your injuries. Personal injury solicitors frequently support people injured following:
- Workplace accidents
- Car accidents
- Medical negligence
- Accidents in public places
- Criminal assault
Often a severe brain injury means that someone loses the mental capacity to make their own claim. If a family member has suffered such a brain injury, we may be able to help you claim on their behalf.
How much is a head injury claim worth?
A severe head injury can be devastating and can have life-changing consequences for the injured individual and their family. More often than not, there may also be financial repercussions, with the expenses of ongoing medical treatment heightened by the loss of salary.
While the exact amount of compensation will depend on the gravity of the head injury and its effects, there are some the things you may receive compensation for:
- For medical costs
Often head injuries require long-term or even lifelong specialist intervention. If you’re currently receiving treatment for a no-fault injury, you can claim compensation for every medical expense resulting from the injury. Medical expenses compensation includes all diagnostic, surgical, and non-surgical procedures, treatment, and hospital stays. It can also cover the expenses of long-term rehabilitation, such as speech therapy, counselling, and physiotherapy.
- For loss of income
You can also claim compensation if you’ve lost your income and were forced to stay home because of your head injuries. Besides losing your actual wages, loss of income also leads to the loss of perks like promotional avenues and bonuses. If you’re unable to go back to work because of your head injuries, your future earning potential will also be considered when calculating payment.
- For care at home
If you can no longer care for yourself independently following a head injury and you are forced to employ a caregiver to help you with your daily chores, you’re eligible for home care cost compensation.
Time limits for personal injury claims
Making a head injury claim may not be a top-of-mind priority, especially if you’re still recovering from the injury. However, there are limits that apply to negligence claims.
To protect your right to make a personal injury claim, you must first issue a formal document called Claim Form within strict legal time limits. Failure to comply with these limits could result in you losing the right to make a claim.
For accidents in the UK, the Limitation Act sets out the specific time limits within which the claim must be issued to protect your right to make a personal injury claim.
For adults, for instance, the Claim Form must be issued in the Country Court or High Court within three years of the date that you are injured, without the date on which the accident took place. Simply put, the Claim Form must be settled at the court before the third anniversary of the date of the accident.
If more than three years have passed since the accident, you may not be able to sustain the claim. The Claim Form must be issued in the High Court within three years of your “date of knowledge.”
Confirming your “date of knowledge” can be uncertain and complicated. In a personal injury claim caused by accident, this isn’t considered because it would have been obvious that you experienced an injury and that it might be someone else’s fault.
In simple terms, the data of knowledge is the date when someone in your situation would first have realised that they had experienced an injury as a result of negligent medical treatment. During this time, a reasonable person in your situation would first have had understanding –
- That the injury was significant
- The injury was partly or totally caused by an act that you believe was negligent
- Knowledge of the identity of the individual who is believed to be negligent
Head or brain injuries are serious and complex. That often requires extensive experience with law terms and processes, which is why you should consider speaking with a professional brain injury solicitor.