If you have suffered a skull fracture in an accident that wasn't your fault, we can help you make a fracture skull compensation claim.
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Fractured Skull Compensation
Skull fractures can range from minor breaks to severe injuries that may permanently affect the brain. These can be due to accidents such as road traffic collisions, accidents at work, slips, trips and falls, sports injuries and criminal assaults.
Some common symptoms of moderate to severe skull fractures include frequent headaches, chronic fatigue, vision problems and problems with balance. In the most serious cases, these can lead to permanent disability or a vegetative state.
If another person or company was at fault for your injury, you could be eligible to claim fractured skull compensation. Your claim could cover the pain and suffering caused by the traumatic event and any related financial losses.
If you suffered a skull fracture and want to make a claim, do not hesitate to get in touch with a personal injury lawyer for a free case assessment. You can do this by calling free on 0800 470 0472 or using our online claim form to request a call back.
Key points about fractured skull claims
- Eligibility: You may be eligible to claim if you suffered a skull fracture due to an accident caused by someone else’s negligence.
- Common Causes: These injuries often result from falls, vehicle collisions, assaults, or workplace accidents.
- Time Limit: The standard time limit is 3 years from the date of the accident or diagnosis.
- Compensation: The amount you can claim is based on the severity of the injury, risk of brain damage, and impact on your life.
- No Win, No Fee: Your solicitor will pursue your case on a no win, no fee basis, so you only pay them a fee if you win.
Table of Contents
What are the different types of skull fractures?
A skull fracture is a break in one or more of the bones of the skull, which include the frontal, parietal, temporal, and occipital bones, as well as the sphenoid and ethmoid. It can be caused by various accidents, such as falls, road collisions or being hit with an object. Depending on the force and direction of the impact, there are several types of fractures to the skull:
- Linear. These usually appear as a line in the skull, do not cause any bone displacement, and may heal on their own.
- Depressed. This injury occurs when a part of the skull bone is pushed inward towards the brain, forming a dent or depression.
- Basilar. These fractures occur at the base of the skull and are some of the most dangerous, as they can involve damage to vital structures such as the spinal cord or brain stem.
- Diastatic. Diastatic fractures typically affect babies and young children and involve damage in the suture lines of the skull.
- Compound. These fractures leave an open wound that exposes the bone through the skin, increasing the risk of infections and complications.
- Comminuted. The bone is broken into multiple fragments and will most likely need reconstructive surgery.
What are the signs and symptoms of a fractured skull injury?
The symptoms of a fractured skull can vary depending on the severity and location of the injury and may include:
- A visible deformity, such as a dent or depression on the head;
- Swelling and bruising, which may extend to the eyes or ears;
- Bleeding or clear fluid leaking from the wound, nose, ears or mouth;
- A severe headache or localised pain at the site of injury;
- Nausea and vomiting;
- Confusion, disorientation and difficulty understanding or responding to questions;
- Loss of consciousness;
- Dizziness, vertigo or balance issues;
- Blurred vision or double vision;
- Difficulty breathing or respiratory distress.
If you have suffered a head injury, it is essential to seek immediate medical care. Your doctor will give you a physical exam and order tests such as CT scans or X-rays to determine the type and severity of the trauma as well as the appropriate treatment. For further guidance on head injuries and when to seek urgent help, you can read the NHS advice on head injury and concussion.
What can be the long-term effects of a skull fracture?
Skull fractures can have a range of long-term consequences, depending on the severity, location, and nature of the fracture. These include:
- Cognitive impairments, such as problems with memory, attention and concentration;
- Behavioural and emotional changes, such as changes in personality, mood swings, irritability, anxiety and depression;
- Mobility issues, such as weakness, paralysis and balance problems;
- Vision problems, hearing loss, changes in taste and other sensory deficits;
- Chronic pain, such as persistent headaches, migraines and neck pain;
- Speech and language difficulties;
- Seizures;
- Chronic fatigue and reduced stamina;
- An increased risk of developing neurodegenerative diseases like Alzheimer’s.
Your solicitor will consider any long-term effects of your injury when calculating how much compensation you deserve to get for a fractured skull.
Am I eligible to make a fractured skull compensation claim?
To find out if you can claim fractured skull compensation, all you have to do is call 0800 470 0472 for a free case assessment. A friendly legal adviser will determine whether:
- Another party owed you a duty of care;
- They acted negligently and caused an accident;
- You fractured your skull as a result of their negligence;
- The accident happened within the relevant time limit (usually three years).
A legal duty will be established based on the relevant legislation, which could include the Road Traffic Act 1988 or the Occupiers’ Liability Act 1957, among others. Once liability is assessed, your solicitor will help you gather the necessary evidence to support your claim. They will also contact the other party to inform them of your intentions and begin negotiating your injury compensation.
What evidence do I need to make a fractured skull claim?
If you are entitled to compensation for your injury, your solicitor will help you gather all you need to support your skull fracture compensation claim. You could use the following:
- Photographs that show what caused your skull fracture, taken from different angles before anything is moved, repaired or replaced;
- Pictures of your injury and recovery process;
- If available, CCTV or dash cam footage of the accident can be essential evidence to prove how the events occurred;
- If your accident was seen by others, you can use witness statements to help clarify what happened and support your claim;
- Medical records that detail the type and severity of the injury, diagnostic tests such as X-rays or brain scans and the treatments you received;
- Expert testimony from a medical specialist regarding your recovery prospects and future care needs;
- A copy of an accident report to prove when and where the incident occurred if you were injured at work or on the premises of a company;
- If you were injured at work and your accident was reported to the Health and Safety Executive (HSE), you can also use a copy of their investigation report to show what happened;
- Your notes detailing how the accident occurred, the pain and suffering it has caused you, and any impact it had on your work and daily life;
- You also need financial records such as receipts and payslips to prove the losses you incurred as a result.
What are the most common causes of skull fractures?
A fractured skull might be due to various types of accidents. Some of the most common ones include:
- Slips, trips, and falls. Slipping on a wet floor or tripping over an uneven surface can lead to a skull fracture if the head impacts the ground or another hard object.
- Falls from a height. Falling from a ladder, scaffolding, or roof can result in a fractured skull due to the significant impact of hitting a hard surface.
- Road traffic accidents. Road collisions can cause skull fractures, whether they involve cars, bicycles, motorbikes, public transportation or pedestrians.
- Sports accidents. Almost all sports can lead to skull fractures due to collisions with other players, equipment, or the ground.
- Work accidents. Being struck by falling objects or machinery can cause severe head injuries, including fractures and may lead to an accident at work claim.
- Playground accidents. Children can suffer skull fractures if they fall from playground equipment or are struck by swings or other moving objects.
- Criminal assaults. Physical assaults involving blunt force trauma, such as being hit with a heavy object or punched or kicked in the head, can lead to skull fractures.
No matter what caused your injury, if you are entitled to fractured skull compensation, your solicitor will help you get started with the claims process and get the compensation payout you deserve.
Could I lose my job if I claim compensation for a fractured skull at work?
Under the Health and Safety at Work Act 1974, all employers have a duty of care to keep employees safe from injuries at work. They must take reasonable measures to prevent accidents and injuries, including skull fractures, such as:
- Conduct thorough risk assessments to identify potential risks;
- Provide a safe working environment that is free of hazards;
- When necessary, provide free and suitable personal protective equipment (PPE), such as helmets and safety harnesses;
- Provide proper training and instructions about the job;
- Ensure that all equipment and machinery are regularly inspected, maintained, and repaired to prevent malfunctions that could lead to injuries.
If your employer breached their duty of care and you were injured as a result, you may be entitled to start a fractured skull compensation claim. This is your legal right, and they generally shouldn’t sack or punish you for it, as reflected in unfair and constructive dismissal laws. If you suffer any negative consequences for making a claim, a solicitor could help you make a further claim at an employment tribunal.
Can I make a skull fracture compensation claim on behalf of my child?
If your child was injured and somebody else was at fault, you may be able to claim compensation for a fractured skull on their behalf. The process is pretty straightforward and similar to any other claim.
Your solicitor will help you get started and file all the necessary documents with the court. If you and the child have no conflict of interest (for example, you would not be able to claim on their behalf if they were injured in a car accident and you were the driver at fault), the court will appoint you as their litigation friend.
As a litigation friend, you have several responsibilities, including approving and signing legal documents, paying any fees requested by the court, liaising with solicitors, and considering any compensation offers from the defendant.
A judge must approve the agreed compensation settlement during a court hearing if you win the claim. The awarded funds will be kept in a court bank account or personal injury trust until the child turns 18.
What is the time limit to start a skull fracture claim?
As a general rule, you have three years to start a personal injury claim following an accident that was not your fault. Once this time passes, your case will be statute-barred under the Limitation Act 1980 and no longer valid.
There are a few exceptions that might apply to your fractured skull claim:
- There is generally no time limit for a parent to start a child injury claim while the child is under 18. The three-year countdown normally only begins on the child’s 18th birthday, from which they have until turning 21 to start a claim themselves.
- There is generally no time limit to make a claim on behalf of an injured party who cannot handle their case due to a lack of mental capacity, for example, because of brain damage or a learning disability.
- There is a two-year time limit to claim through the CICA (the Criminal Injuries Compensation Authority) if you suffered a fractured skull injury due to a violent crime.
- Following a military accident, there is a seven-year limit to claim skull fracture compensation through the Armed Forces Compensation Scheme (AFCS).
How much compensation could I receive for a skull injury?
The amount of compensation you could receive from the defendant will depend on the severity of your injury and how it has impacted your life. Your solicitor will calculate your compensation amount based on two types of damages:
General damages
These cover the pain, suffering, and loss of amenities caused by the injury and could include:
- Physical pain and suffering
- Emotional and mental trauma
- Physical and mental impairment
- Loss of quality and enjoyment of life
- Inability to pursue a hobby or social event
Special damages
These cover the financial losses and expenses you incurred due to the skull fracture injury, such as:
- Private treatments and rehabilitation
- Care costs during recovery or a long-term carer if you suffered a disability
- Loss of earnings and earning capacity
- Travel expenses for medical appointments
You can use our online compensation calculator, which is based on the 18th Edition of the Judicial College Guidelines, for an estimate of how much you could receive for your injury, based on its severity.
Can I make a skull fracture claim on a No Win No Fee basis?
If you have a valid skull fracture claim, your personal injury solicitor will take on your case without asking for any upfront fees. Moreover, you do not have to pay them at all if you lose the case. That is known as a no win no fee* agreement, under which your solicitor will only get a success fee if they win the case. This fee is capped at 25% of the damages for your pain, suffering and past financial losses, and will be agreed upon from the beginning.
To further protect you from financial risks, you will also have After the Event (ATE) insurance included in your agreement. If you lose, this will cover all the costs and disbursements incurred during litigation for you and the defendant, so you will not be left out of pocket.
Friendly legal advisors are available to discuss your fractured skull compensation claim today.
- Find out if you have a valid claim
- A risk free, no win no fee service
- We are available 7 days a week
- Experienced personal injury lawyers
*Personal injury claims are provided on a no win no fee basis. If your claim is successful, your solicitor will receive a success fee of up to 25% of your compensation. If any additional costs could be payable, such as taking out legal protection insurance, these would be fully explained upfront by your solicitor before you decide to proceed with your claim. Termination fees may apply based on time spent on your case, or in situations such as: lack of cooperation, deliberately misleading your solicitor, failing to attend scheduled medical or expert examinations, or not appearing at a required court hearing. Please visit our guide to no win no fee claims page for further information.
