Head injury compensation claims
You may be able to make a head injury compensation claim if you’ve suffered a head injury in an accident caused by someone’s negligence. Contact our specialist solicitors today to discuss your claim.
Last Updated November 6th, 2023
The most important things to remember when claiming for head injury compensation:
- You can claim compensation if you or a loved one has suffered a head injury from an accident that was not their fault or only partly their fault.
- How much compensation you can claim for a head injury will depend on how serious your injuries are and the impact the injuries will have on your life.
- You have three years from the date of the accident or the date a medical professional diagnosed your injuries to start a head injury claim. The three-year time limit does not apply if the injured person is mentally incapacitated.
Get the best legal team on your side
- Over 1,000 years of combined legal expertise
- We’ll get you more compensation than anyone else
- Early payments to cover your expenses*
- We win the cases other firms can’t
- Fully independent, and fully regulated.
* Where applicable
How much compensation can I claim for a head injury?
According to the Judicial College Guidelines from the Ministry of Justice, compensation payouts for head injuries can vary from £2,200 for the least severe to £403,990 for the most severe.
Average compensation amounts for head injuries claims
|Type of Injury||Severity of injury||Amount of compensation|
|Head injuries resulting in brain damage||Very Severe||£282,000 – £403,000|
|Head injuries resulting in brain damage||Moderately Severe||£219,000 – £282,000|
|Head injuries resulting in brain damage||Moderate||£43,000 – £219,000|
|Head injuries||Less Severe||£15,000 – £43,000|
|Minor head injuries||Minor||£2,200 – £12,700|
|Epilepsy||Established Grand Mal||£102,000 – £150,000|
|Epilepsy||Established Petit Mal||£54,000 – £131,000|
|Other Epileptic conditions||£10,000 – £26,000|
The compensation amount our solicitors may be able to claim for you will depend on the severity of your head injuries and the length of time it may take for you to recover from your injuries. Please contact us today to discuss the specifics of your claim.
The amounts listed above are the compensation you may be legally entitled to claim for your general damages – the amount you can claim for your injuries. In addition, you can claim for expenses you may have incurred or will incur in the future, known as special damages.
The amount of special damages you may be able to claim is particularly important for those who have suffered serious head injuries, as they may need extended medical assistance, specialist equipment and adaptations made to their home.
Claims for special damages for head injuries could include, but may not be limited to:
- The pain, suffering and loss of amenity
- For loss of earnings and potential future earnings
- Medical expenses for ongoing care, rehabilitation
- The cost of specialist medical equipment
- The cost of full-time care, including the carer’s loss of income if it is a family member
- The cost of adapting your home to the injured person’s specific requirements
Speak to our specialist head injury solicitors today or use our compensation calculator to find out how much you may be able to claim.
Is there a time limit to make a head injury claim?
You have three years from the date of the accident or the date a medical professional diagnosed your injuries to start a head injury claim.
The three-year time limit does not apply if the injured person is mentally incapacitated. It will only begin if they regain mental capacity.
You have two years to claim if your injuries were caused by an assault.
If claiming for a child, you can make a claim anytime until their 21st birthday.
Can I claim for a head injury on behalf of someone else?
As a trusted family member or carer, under the Mental Capacity Act 2005, you may be able to claim on behalf of someone with diminished mental capacity. You have the same rights to claim for them whether the accident you’re claiming for was the cause of their diminished mental capacity or not.
You may also claim on behalf of a child. In both instances, you can claim as a “litigation friend.”
We recommend that you start your claim as soon as possible. It is much easier to collect evidence to support your claim while the details of the accident are still fresh in everyone’s minds and documentation is still available.
We understand the financial impact of an accident.
In 99% of cases, we recovered more compensation than the insurer’s first offer. We’ll provide financial security with our interim payments wherever possible, meaning you don’t need to rush into an offer that is lower than you’re legally entitled to.
What types of head injuries can I claim compensation for?
Our solicitors have represented clients with all types and severity of head injuries ranging from scars and bruising to concussions and fractured skulls.
It is important to note that it is not just the initial injuries and symptoms but the long-term effects of head injuries that you can claim for.
Our experienced solicitors know that seemingly minor head injuries can lead to long-term medical issues such as headaches and blurred vision. They will ensure that comprehensive medical examinations take place to ensure you’ll receive the amount of compensation for the level of injuries you’ve suffered.
The most common types of head injuries we have helped client claim for include:
- Lacerations and scars
- Fractured skulls
We’ve also claimed for clients who have suffered from permanent and temporary loss of sight, hearing loss or tinnitus, lack of smell and taste, and epilepsy caused by the initial head injury.
Our specialist brain injury compensation solicitors represent those who have been unfortunate to suffer a traumatic brain injury.
Can I make a no win no fee head injury claim?
Yes. Our experienced head injury claims solicitors can represent you on a no win, no fee basis.
No win no fee agreements are also known as Conditional Fee Agreements (CFA). This agreement means you will only pay a fee if your claim is successful, so you are safe to pursue a claim safe in the knowledge that you are at no financial risk if it’s unsuccessful.
When your claim is successful, the other side (typically their insurer) pays the legal costs, and we deduct an agreed percentage of your compensation. So you’ll never be out of pocket when claiming, and with us, you keep the majority of your compensation.
When making a no win no fee claim, we take out an insurance policy on your behalf, which protects you in the rare event the claim isn’t successful. Known as an After The Event (ATE) insurance policy, it protects you from any upfront costs, and you’ll have nothing to pay if you lose the case.
How much personal injury compensation can I claim?
How do I start a head injury compensation claim?
With over two decades of experience successfully claiming compensation for personal injury, we know how difficult this time might be for you.
Contact us today, and our friendly, experienced claims team will provide free, unlimited legal advice, and we’ll be able to let you know your legal rights, including if you can make a claim.
We may ask you for some information about your claim. The more information you can provide, the better we can advise you of your rights.
We may ask some of the following questions;
- When, where and how you sustained your injuries.
- The level of injuries sustained as a result of the accident
- Who may have been at fault for the accident
- If you have any of the following (if applicable) witness statements, accident reports, photographs, police reports, work accident reports, or CCTV of the accident scene.
- What medical diagnosis and treatment has taken place.
- How the injuries may have affected your life, and how they may have affected your family’s life.
How does the claim process for head injuries work?
If you decide you’d like us to represent you, we will walk you through the process of making a no win no fee claim, clearly explaining the fees and how you’re protected from any financial loss if your claim is unsuccessful.
Based on the information you can provide, we will instruct an independent medical expert to assess the injuries sustained and how they may impact your life.
Our solicitors will start constructing your case based on the information provided, the medical report and other documentation and represent your legal rights against the other party until a compensation amount is agreed upon.
The length of your claim will depend on how complex it may be. Sometimes, it may be necessary to wait until both the short-term and long-term damage has been accurately assessed.
You’ll claim more with us.
We have recovered an additional £21.2m more in compensation for clients who switched to us from their previous firm.
Contact us now to discover the real value of your claim.
Can I claim compensation for a head injury if it was partly my fault?
Yes, you can still claim compensation if you can show that another person was at least partly at fault for your injuries. However, the amount of compensation you receive may be reduced.
When both parties are at fault, a percentage of that fault, known as “contributory negligence”, is assigned to each party. For example, if it was agreed that you were 20% at fault, you may only receive 80% of the compensation you may have received if it was decided that you were not at fault.
How long does a head injury claim take?
We generally aim to settle all cases within a few months, but the time a claim may take will depend on how complex the case may be.
Unlimited legal support.
That’s right, we provide unlimited legal support for our prospective clients. Not sure if you have a claim, or if you even want to make a claim? You can speak with us for as long as you like and as many times as you like. We’ll let you know your legal rights, completely free of charge and with no obligation to make a claim.
Why choose Express Solicitors?
At Express Solicitors, we understand the devastating impact a head injury can have, no matter how minor. We offer 20 years’ experience in personal injury, fighting the cases that others have turned away. It’s why we’ve managed to claim hundreds of millions in compensation, and can do the same for you.
Whether you’ve been turned away or are starting a new claim, we are here to help. Our expert solicitors will listen to your case sensitively and guide you every step of the way. To get your life back on track, make your head injury compensation claim with Express Solicitors today.