Any accidents have the potential to be serious, but any accident involving the head can be life-changing. Even a minor fall or slip can cause brain and head injuries, and when the accident is as a result of someone else’s actions or neglect, then there may be a case for compensation.
Types of Head Injuries
From a medical point of view, a head injury means everything from a minor bump or scratch up to much more serious accidents such as a skull fracture. The three main types of head injury are:
- Closed Head Injury – this is the most common type of head injury. A closed injury means that although there may be cuts to the scalp or other damage, the skull itself has not been damaged. Someone who suffers a closed head injury often has concussion as a result.
- Open Head Injury – as the name suggests, this means that there has been damage to the bones in the head and possibly injury to the brain inside. One of the main type of open head injuries is a penetrating head injury, where a foreign object enters the skull.
- Crushing Head Injury – this happens when the head is caught between two hard objects.
All of these types of injuries can vary in severity and all of them can lead to a compensation claim, depending on the circumstances of the accident. Some of the more minor types of head injury will get better on their own over time with appropriate medical treatment. More severe head injuries could have an ongoing effect on your ability to drive or hold down a job, and some people who have suffered a head injury go on to suffer vision problems or develop epilepsy or other related conditions.
Situations Leading to Head Injury Compensation
Not every slip, trip or other accident leading to a head injury will automatically mean a claim for compensation. In order to bring a successful compensation claim, you have to first prove that you were injured because of something someone else did or did not do, and that as a consequence you have suffered injury or loss. In some cases, such as road traffic accidents, it can be very clear who is at fault. Other accidents require more thorough investigation to establish who exactly – if anyone – is at fault, and these are the sorts of issues which will be explored at your first appointment with your personal injury claims solicitor.
Time Limits for Claiming
Compensation for head injuries falls under the same general rules as other types of personal injury compensation. The law states that you must start legal proceedings for compensation within three years of the accident which caused your injury, or within three years of you becoming aware of the injury. Different rules apply when you are claiming compensation for something which happened to you as child, so if you think this might be relevant in your case, talk it over with your solicitor. Although three years might sound like a long time it passes quicker than you may think, especially when you are focused on getting well and recovering from the injury. Always seek professional legal advice as soon as possible.
Process for Claiming for Head Injury
The process for claiming for head injury compensation is relatively straightforward, and it all starts with the first visit to your solicitor. The solicitor will discuss at length the circumstances of your accident and injury, and then advise you whether or not you have a potential case. They will also be able to give some rough guidance on the amount of compensation you might expect to receive. The solicitor will then set about preparing your case by gathering evidence such as medical reports and police reports, and will then contact the lawyers or insurance company representing the person held to be responsible for the accident. They will negotiate with the opposing side to try to get you the very best compensation offer possible. Nearly all cases for head injury compensation are settled by agreement with the lawyers before they end up in court, so the chance that you will have to go to court is slim.
Compensation Amounts for Head Injury
The amounts of compensation for head injuries can vary enormously with the severity of the injury. It’s only right that someone who suffers a very serious head injury which means that they will require round the clock care for the rest of their life is compensated so that they are not out of pocket. These most serious types of head injury can result in payouts of up to £400,000 or more, depending on the circumstances. A minor head injury which causes a mild degree of pain and suffering but which gets better in time with medical treatment can mean a compensation amount of around £2,000. If your ability to hold down a job has been affected by your injury, or if you have developed a further medical condition such as epilepsy then you will be entitled to a higher level of compensation. Your lawyer will be able to give a more accurate picture of compensation amounts once they have gone through your claim with you.
FAQs
Q: What sort of solicitor do I need for a head injury compensation claim?
A: There are many solicitors and claims management companies which work in the field of getting you head injury compensation. However when you are dealing with such an important subject, it is essential to get an expert who really knows what they are doing.
Q: How do I pay my solicitor when making this sort of claim?
A: Cases of this type are usually done on a no win, no fee basis. This means that if you lose your case, you won’t pay anything in legal costs. If you win, your solicitor will take a pre-arranged percentage of your compensation amount as his fee.
Q: Can I make a claim against a company or other organisation rather than against an individual?
A: Yes, many cases are brought against private companies or bodies such as the NHS. Sometimes these cases can be longer and more prone to delay, but a specialist solicitor will be able to manage the process for you.
Q: Where can I get more advice on a potential head injury compensation claim?
A: The best place to start is with a solicitor specialising in personal injury claims. Most solicitors will give free advice over the phone, and many offer your initial appointment free of charge too. If you enter into a no win no fee agreement, you really have nothing to lose.
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