Calculating Compensation For A Brain Injury
Have you suffered memory loss due to an accident that you weren’t liable for? Has a brain injury caused by someone else left you unable to work? Has a traumatic head injury due to another person’s negligence left you with communication problems and reduced awareness? If you’ve been injured in this way and you feel the accident wasn’t your fault, you may be able to see if you can make a personal injury claim using our brain injury compensation calculator.
This guide will:
- Highlight the potential symptoms of suffering from a brain injury.
- Provide examples of different scenarios in which you might claim for a head injury to give you a better understanding of your own situation.
- Explain the types of losses you may be able to claim.
- Show how our panel of No Win No Fee solicitors could help you receive thousands of pounds in compensation.
For free legal advice, you can contact our experienced advisors 24/7 at a time that suits you. Call them using 0800 408 7826. Alternatively, to learn more about how a compensation payout calculator can help you, please read on.
Jump To A Section
- A Guide To Using A Brain Injury Compensation Calculator
- What Is A Brain Injury?
- What Expenses And Costs Could I Claim Damages For?
- Common Causes Of Traumatic Head And Brain Injuries
- Work-Related Head Injury Statistics
- What Care Costs Could You Claim?
- How And When To Use A Brain Injury Compensation Calculator
- What Brain Injury Compensation Payout Could I Expect?
- Brain Injury Compensation Calculator
- Claim Brain Injury Compensation With A No Win No Fee Claim Agreement
- Get Advice About Your Case
- Ask Us To Help Calculate Your Head Injury Claim
- References And Services
- FAQs On Brain Injury Compensation
A traumatic brain injury can deeply change your quality of life and, if you feel like the injury wasn’t your fault, you may be able to claim. The ability to make a successful claim revolves around the idea of negligence. Your claim needs to show that someone else was negligent and, due to this negligence, you were negatively impacted.
Our brain injury compensation calculator can help you understand the amount you may be able to claim. It clearly shows what you can claim and provides an accurate compensation bracket to show what you could receive.
If you have any questions about using our personal injury claims calculator or would like help using it, give our team a call. They can also advise you on your eligibility to claim.
Due to the brain’s complexity, a head injury can have very varied symptoms and outcomes. The NHS states that symptoms of a brain injury can include:
- Problems with speech
- Fatigue or weakness
- Memory loss
You could also experience things like paralysis, nausea, drowsiness, dizziness or a loss of balance. Upon receiving the injury, the NHS states that to help treat it, you would need to go to an A&E department to have a CT scan for diagnosis purposes. The Glasgow Coma Scale (GCS) is often used to determine the extent of the injury.
The NHS also provides general advice for the recovery process. It includes things like:
- Avoiding drinking alcohol or taking illegal drugs
- Avoiding sleeping pills or sedatives
- Getting plenty of rest and avoiding difficult or stressful situations
- Not returning to work or school until you’ve fully recovered due to the stress it can cause
- Avoiding contact sports for at least 3 weeks.
Due to the varying nature of brain injuries, you would need to see a doctor or medical professional to be sufficiently diagnosed and understand how to treat the injury.
If you’ve suffered behavioural changes due to an accident and want to see if you can claim, call our advisors now using the phone number at the top of your screen
There are two potential heads of claim when making a personal injury claim. General damages relate to the physical pain, emotional turmoil and decline in your quality of life caused by the injury. Special damages, meanwhile, relate to the financial losses you’ve suffered due to the head injury. This can include claiming for:
- Loss of earnings
- Loss of future earnings
- Travel costs
- Recreational activities that you can now no longer commit to.
This is why you may want to consider starting a claim on a No Win No Fee basis. If you’ve suffered a particularly traumatic brain injury, you could receive thousands of pounds should your claim be successful.
There are many ways you could suffer a brain injury. The key to making a successful claim is by showing that not only was the injury someone else’s fault, but they were negligent.
Negligence effectively means that the defendant had a duty of care to you that they didn’t fulfil, which led to the injury. This section will provide examples of scenarios where you may be able to claim to help explain the reasoning behind making one in the first place.
Brain Injuries Caused By Road Traffic Accidents
Road traffic accidents can be incredibly harmful and damaging incidents. The amount of road users in the UK means that accidents happen every day.
This is why the Highway Code exists. It’s a series of rules that you’re legally bound to follow and, in that, as a road user, your duty of care is created. If you don’t follow these rules, you could be acting negligently because you’re specifically going against the duty of care you owe to yourself and everyone else using the road.
As such, if a driver collides with you through no fault of your own, you may be able to claim successfully if the evidence shows that they were negligent. Examples of this include:
- A driver running through a red light, causing them to collide into the side of your car. This could cause you to suffer a severe head injury and bouts of depression.
- A negligent motorcyclist could turn into a roundabout at the wrong time and collide with the front of your car. This could lead you to want to use a brain injury compensation calculator.
- While intoxicated, a driver could run into the back of your car, causing a multi-car pile-up. This could result in you suffering a head injury leading to communication problems, nausea and fatigue.
One thing to bear in mind with road traffic accident claims: if the injuries you’ve sustained from a road traffic accident come to less than £5,000, you would have to claim through a different method.
The Whiplash Injury Regulations 2021 clearly define how you would do this. However, you can still give us a call to get free legal advice, as your injuries could be worth more than you think.
Traumatic Head Injuries Caused By Accidents At Work
Your employer also owes you a duty of care. This is outlined in the Health and Safety at Work etc. Act 1974. Basically, your employer needs to make sure that, within reason, your work environment is safe and secure for you to be able to do your job.
If you’ve injured yourself due to them breaching this duty, you may be able to make a successful claim. The logic here is that, as you’re contracted to be there, your employer needs to make sure work conditions are suitable enough for you to do your job without risking your health. Examples of incidents that could justify a claim include:
- Using faulty work equipment leading to you falling and suffering a head injury. This could cause paralysis.
- Work conditions not being sufficiently checked or assessed. You could, for instance, fall due to a platform not being constructed correctly. This could lead to you looking into using a personal injury calculator and potentially wanting to claim on a No Win No Fee basis.
- Insufficient guidance and training. For example, you could be asked to carry something too heavy for you, leading to you falling. The loss of balance could result in you falling and hitting your head.
Head Injuries Caused By Falling Or Moving Objects
There are other types of injuries you could also suffer while at work. If you work within manual labour, in particular, being injured by falling or moving objects is a genuine health and safety concern.
If an object has fallen on you, you may be able to claim because the work environment was clearly not safe enough for you to be able to do your job. As such, your employer may have potentially been negligent.
More examples of incidents include:
- Faulty machinery causing an object to fall on you. This could lead to you having a head injury and suffering from drowsiness, problems with speech and dizziness.
- Movable equipment, such as a trolley, might not be secured properly. This could lead to it moving down a slope and running into you. You could then suffer a brain injury causing reduced awareness and behavioural changes.
- On a construction site, an object could fall on you due to it not being secured correctly. This could, for example, be due to insufficient training.
Head injuries Caused By Slips, Trips And Falls
You may also be able to claim if you injure yourself in a public place. This is because the controller of the space has a duty of care to make sure the public is reasonably safe and secure when using their premises. This is outlined in The Occupiers’ Liability Act 1957.
Their obligations are within reason, however, as there are some external factors that they would be unable to account for, such as weather conditions. Negligence would come from the controller not fulfilling their responsibilities, leading to you injuring yourself. Examples of this include:
- Slipping on a wet floor with no warning signs causing you to look into using a compensation payout calculator.
- Falling down a flight of stairs due to a faulty handrail. As such, you could suffer from a severe head injury that leads to vomiting.
- Tripping on a nail sticking out of a floorboard. This could result in you looking into using a brain injury compensation calculator.
Brain Injuries Caused By Assaults
You could also claim due to injuries suffered through assaults. Due to the nature of these incidents, you would need to claim through the Criminal Injuries Compensation Authority (CICA). Our panel of No Win No Fee solicitors can help you do this.
The compensation you could receive is based on their assessment of the incident and the injuries you’ve sustained. For more information about the amount of compensation they offer, visit their website.
Examples of incidents that could lead to a successful claim include:
- Being physically assaulted due to being in a shop while it’s being robbed. The injury could lead to you suffering from depression.
- Suffering a sexual assault which could lead to incredibly traumatising physical and psychological injuries.
- Being mugged could result in you being physically assaulted.
The Health and Safety Executive (HSE) monitors the number of reported workplace injuries across the UK. They log statistics to help build awareness and showcase areas that workplaces may need to improve.
The statistics above show the amount of non-fatal injuries from 2014/15 to 2019/20 in the workplace for the injuries specified. From this, you can see that there were almost 1,000 employees that suffered from a concussion and internal injuries, while there were 419 that suffered from multiple injuries.
As such, it’s clear that these types of incidents could happen in many different industries and might happen more than you think. For free legal advice, just give us a call to speak to one of our advisors using the phone number at the top of this page.
As part of claiming financial losses, you may also be able to claim care costs. This relates to needing to make changes in your life due to the injury so that you can be sufficiently cared for.
As such, due to potentially being injured by someone else’s negligence, if your claim for general damages is successful, you may also receive special damages compensation if you provide sufficient evidence of the losses. You could claim for things like:
- Adjustments to your home, such as a care bed and a chair lift.
- Amendments to your car, if, for example, it now needs to be wheelchair accessible.
- The costs of a care nurse or, if a loved one needs time off work to look after you, the costs of gracious care.
Our brain injury compensation calculator could quickly and easily help show you the amount you could receive. Simply tell us what injury you’ve suffered, the circumstances leading to the injury and any financial losses you wish to claim. In just a few clicks, you could have an accurate estimate.
This estimate considers figures from the guidelines of the Judicial College. The Judicial College has created very accurate compensation brackets for general damages. They’ve done this by analysing payouts for successful claims based on the injury and its relative severity.
This compensation can be supplemented by special damages compensation. Whether you receive all or any of this type of compensation is partly based on the evidence you provide to your personal injury solicitor.
If you receive general damages compensation, it’s not guaranteed you’ll receive any special damages because the courts independently assess them. Your personal injury solicitor will request evidence showing the losses, such as:
- Bank statements
Our brain injury compensation calculator could give you an accurate estimate of your potential payout in a matter of minutes. Simply tell us a few details of your injury and what financial losses you want to claim, if any, and our estimate will give you guidance regarding what you could receive.
Below is a list of injuries and their respective general damages compensation brackets. The Judicial College has provided these figures.
Injury Severity Compensation Bracket Details
Brain Very severe £264,650 to £379,100 In cases at the top of this bracket there may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.
Brain Moderately severe £205,580 to £264,650 The injured person will be very seriously disabled. There will be substantial dependence on others and a need for constant professional and other care.
Brain Moderate £85,150 to £140,870 Cases in which there is a moderate to modest intellectual deficit, the ability to work is greatly reduced if not removed and there is some risk of epilepsy (unless a provisional damages order provides for this risk).
Brain Minor £2,070 to £11,980 In these cases brain damage, if any, will have been minimal. The amount of compensation will partly be judged on the severity of the initial injury.
Eye Loss In the region of £252,180 Total Blindness.
Chest Fracture Up to £3,710 Fractures of ribs or soft tissue injuries causing serious pain and disability over a period of weeks only.
Asthma Severe £40,410 to £61,710 Severe and permanent disabling asthma, causing prolonged and regular coughing, disturbance of sleep, severe impairment of physical activity and enjoyment of life, and where employment prospects, if any, are grossly restricted.
Reproductive System: Male Impotence In the region of £6,190 Cases where the sterility amounts to little more than an ‘insult’.
Reproductive System: Female Infertility £6,190 to £11,820 Infertility where the injured person would not have had children in any event (for example, because of age).
Digestive System Severe £40,370 to £58,100 Damage resulting from traumatic injury. Severe damage with continuing pain and discomfort.
We understand if you’d like a more accurate estimate. So we can do this for you, please get in touch! Our advisors offer free legal advice and, with their experience in personal injury law, can help give you an estimate quickly and simply. Give us a call by using the phone number at the top of this page.
Our panel of solicitors work on a No Win No Fee basis. This means that:
- Your No Win No Fee personal injury solicitor will not request legal fees either upfront or during the claims process. Instead, they take a legally capped portion of your compensation as payment upon your claim being successful.
- The fee they take is a small one and is capped by law. It covers your lawyer’s costs in representing you.
- Your No Win No Fee personal injury solicitor won’t request legal fees if your claim is unsuccessful.
So, don’t worry! You can rest assured knowing that our panel of solicitors won’t waste your time. They’ll only take your case if they feel you have a reasonably good chance of success.
Call our team of advisors for free legal advice to see if you can claim. Alternatively, use our brain injury compensation calculator to see how much you could receive. Working with our panel of No Win No Fee solicitors could earn you thousands of pounds in compensation.
- Call now using 0800 408 7826
- Write to us using the Live Chat window on the right-hand side of the screen
- Contact us via our website
If you don’t want to use our personal injury calculator, don’t worry! Our team of advisors can help evaluate your circumstances over the phone to see if you can claim. Don’t delay. Call us today!
For more useful information, please use the links below.
The HSE offers more statistics about work-related injuries, which you can find on their website.
Headway is a brain injury charity that can give you guidance on how to live with your injuries.
More information about injuries sustained by criminal activities can be found on the CICA website.
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For answers to frequently asked questions about suffering a brain injury, see below.
How much compensation do you get for a brain injury?
It depends on the extent of your injuries. The physical pain and psychological impact of your injuries will be assessed and taken into account should your claim be successful.
How are injury claims calculated?
There are 2 potential heads of claim with any personal injury case. General damages relate to the direct effects of the injury, both physical and psychological, while special damages relate to the financial losses caused. To claim for this, however, you would need to provide sufficient evidence to your No Win No Fee solicitor.
Can you fully recover from a brain injury?
You’ll be able to recover from some of them. It purely depends on the extent of your injury. Your doctor or a medical professional will outline your treatment plan.
What is the average payout for a concussion?
Each brain injury is judged on many factors, such as the extent to which the injury has negatively impacted your life. Use our brain injury compensation calculator to find out more about the amount you could potentially claim.
thank you for reading our guide to using a brain injury compensation calculator.
Guide by DOM
Edited by BER