A head injury is any trauma to the scalp, skull, or brain. They can range from mild bumps and bruises to severe concussions and traumatic brain injuries. While most head traumas will heal without long-term consequences, some can cause severe disabilities and permanently affect the injured person’s ability to work and perform daily tasks.
If you or a loved one suffered a head injury that has resulted in pain, suffering and financial losses, you might be able to recover damages from the responsible party. A personal injury solicitor can advise you on the best course of action and help you start a head injury claim.
To find out how much compensation for a head injury you could receive, call 0800 678 1410 today for a free consultation with a legal adviser. Alternatively, you can request a call back by entering your details in our online claim form.
Do I have a valid claim for head injury compensation?
Anyone who suffered a head injury due to the negligence or intentional acts of someone else should be able to make a no win no fee claim. If you feel you could be entitled to head injury compensation, you should seek legal advice as soon as possible. A solicitor will ask you a few questions to decide whether:
- You were owed a duty of care by another person or entity
- They breached this duty through negligence or wrongdoing
- You suffered some type of head injury as a consequence
- That has resulted in pain, suffering and financial losses
- You are within the time limit to claim, which is usually three years after the injury
If the above criteria apply to your case, the solicitors we work with will offer you a 100% no win no fee agreement, so you can claim without paying any upfront fees. Furthermore, you will incur no out-of-pocket expenses if your case is unsuccessful.
What can I claim compensation for?
If you suffered a head injury due to an accident that was not your fault, a violent crime or medical negligence, you should be able to recover damages. This is the head injury compensation payout awarded to the claimant to cover the losses they have suffered. You could recover two types of damages:
Special damages are losses or expenses that can be quantified with a specific monetary value and are directly related to the injury or harm suffered. Examples of special damages may include:
- Short-term medical expenses, such as emergency room visits, doctor’s appointments, diagnostic tests and medication;
- Long-term medical expenses associated with ongoing treatment, such as long-term physical therapy, prescriptions and interventions;
- Any necessary changes to your home or vehicle to make it accessible for you;
- Transportation costs to and from the hospital and ongoing visits, whether you travel by taxi, public transportation or private car;
- If you require assistance with daily activities such as cleaning, cooking or personal care due to the injury, you can claim for the cost of hiring a caregiver;
- Property damage, if the accident caused damage to your assets, such as your vehicle;
- If you were unable to work due to the injury, you could claim for the lost wages and benefits during that time;
- The cost of medical equipment such as wheelchairs and mobility scooters;
- Loss of earning capacity if you are unable to return to work due to a permanent disability or must take a lower-paying job.
General damages are awarded to compensate the claimant for non-monetary losses, which makes them more subjective and not as easy to quantify than special damages. These could include:
- Physical pain and suffering
- Mental and emotional distress
- Psychological trauma
- Physical and mental disability
- Scarring and disfigurement
- Reduced quality of life
- Loss of consortium or companionship
Before negotiating your head injury compensation amount, your solicitor will make sure that all your losses are included in your claim. They will then contact the other side and work hard to secure the best settlement on your behalf.
How is the compensation for head injury calculated?
When calculating how much compensation for a head injury you should receive, courts and solicitors will take into account several factors, such as:
- The type and severity of the injury
- Its impact on the claimant’s life
- The victim’s age and occupation
- Pre-existing medical conditions
- Whether the damage is temporary or permanent
- The extent of disability caused by the injury
- Any financial losses incurred as a result
- Future financial expenses caused by the injury
As mentioned before, the compensation for head injury is divided into special and general damages. Special damages are calculated based on the actual expenses and financial losses incurred and are calculated by adding up all of the costs incurred from the date of the injury up until the date of settlement, relying on:
- Medical bills
- Receipts for medication and treatment
- Invoices for medical equipment and other expenses
- Wage slips and tax returns
Your compensation award could also include future damages for ongoing care, lost wages and other needs. These are assessed based on the severity of your injury and the time you must take off work, with the help of expert witnesses such as healthcare and legal professionals.
General damages are harder to calculate because they are subjective and have no monetary value attached to them. They are based on the severity of the injury and its impact on the claimant’s life. The amount awarded is determined by looking at the Judicial College Guidelines and past cases with similar injuries and circumstances.
Head injury compensation payout amounts
Head injuries can affect each person differently, so it is difficult to say how much a head injury claim is worth from the start. The compensation for special damages will depend on your particular case and will be assessed according to the evidence you have of your financial losses and expenses.
The compensation payout for the actual head injury is awarded based on the guidelines published by the Judicial College. Some of the relevant figures based on these guidelines include:
- £2,210 to £12,770 for a minor to moderate head injury, such as a skull fracture with no brain damage
- £15,320 to £43,060 for a head injury and related brain injury with good recovery
- £43,060 to £90,720 for an injury that has caused long-term memory and concentration issues, leading to reduced employability and a small risk of epilepsy
- £90,720 to £150,110 for a head injury causing moderate intellectual deficit and lowered ability to work
- £150,110 to £219,070 for a severe intellectual deficit, changes in personality and loss of ability to work
- £219,070 to £282,010 for a head injury causing severe long-term disability needing ongoing professional care
- £282,010 to £403,990 for the most severe types of head trauma with no language function and little or no response to the environment
For more information about how much compensation for a head injury you could receive, call 0800 678 1410 or fill in our online claim form to speak to a legal adviser. You can also take a look at our compensation calculator for further information.
How much compensation will I get for a head injury that was partially my fault?
If you were partially at fault for an accident or the extent of your injuries, it does not mean you will lose your right to make a claim. Contributory negligence in a head injury case may include the injured party not wearing a helmet or protective gear, ignoring warning signs or instructions, or engaging in reckless behaviour that contributed to the accident.
In this case, the compensation amount will be reduced by the percentage of fault attributed to the injured person. However, if it is determined that you have more than 50% of the blame, you will likely be denied compensation altogether. If you had less than 50% of the fault, you would receive a reduced payout of the maximum settlement you are entitled to.
For example, if you suffered a head injury in a road traffic accident and you were not wearing a seatbelt, the court usually recommends the following:
- If it is found that wearing a seatbelt would have prevented your injuries, the compensation amount may be reduced by 25%;
- If wearing a seatbelt would have made your injuries less severe, the reduction may be 15%;
- If it is determined that wearing a seatbelt would not have made any difference to the injuries sustained, then no reduction in compensation will be applied.
It is best to consult with a personal injury solicitor to get a more accurate assessment of how contributory negligence may affect your head injury compensation claim.
How much head injury compensation could I receive in a wrongful death case?
Traumatic head injury is a leading cause of death worldwide. In England and Wales, 9,759 individuals of all ages died from a head injury in 2021 (source). Losing a loved one in an accident is a devastating experience for family and friends that can be even more upsetting if it was due to the negligence of another party.
While no amount of money can help cope with the loss, head injury compensation could help ease the financial strain you might be under. In case of fatal accidents, the dependents of the deceased, such as spouses, parents and children, could seek damages for the wrongful death of their loved one. The head injury compensation amount you could receive for the death of a loved one includes the following:
- Compensation for financial dependency, which takes into account the loss of income of the deceased and any additional earnings, such as bonuses, healthcare benefits, investments and alternate income;
- Loss of service if your loved one participated in household chores, gardening, property maintenance and other similar activities;
- Funeral expenses, such as the cost of a memorial, wreaths and the headstone;
- Financial losses incurred between the accident and the date of death, including lost wages, medical expenses, costs of care and medical aids;
- A bereavement award, which is a statutory sum of £15,120 and is meant to provide some compensation for the grief and loss suffered by the family members due to the death of their loved one.
If you believe you suffered a head injury due to someone else’s negligence, you should seek legal advice as soon as possible by calling free on 0800 678 1410 or requesting a call back. A personal injury solicitor will assess your case and give you an estimate of how much compensation you could receive.