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Head Injury Claims

Head injuries can affect your day-to-day life

Not only can a head injury be extremely painful in the short-term, it can also have a long-lasting effect on how you live your daily life, with many of the consequences of a head injury not visible to those around you.

However, a head injury can be especially difficult to deal with if it was caused by an accident which was somebody else’s fault. For example, you may have been injured because your employer didn’t give you the proper protective equipment, or if you suffered from a road accident caused by somebody else.

Regardless of the type of accident you suffered, it’s likely you’ve had to take sick leave from work, or at the very least receive medical treatment, or care from family and friends.

An expert solicitor can help you make a head injury claim to cover:

  • The pain and suffering you’ve experienced, including the emotional and psychological impact your injury has caused
  • The financial expenses, such as treatment, travel costs and accommodation – now and in the future

To find out whether you could make a claim, you can speak to a trained legal adviser for free on 0800 234 6438 or fill in the secure online contact form and you’ll receive a call back.

Types of head injury

There are a number of different types of head injury, all of which can stop you in your tracks and leave you with a long recovery time.

There are two main categories of head injury: open-head injury and closed-head injury.

Open-head injuries happen when something has pierced the skull and caused an open wound.

Closed-head injuries, on the other hand, are when the brain is damaged because of a jolt or blow to the head, without the skull being pierced. These types of head injury can be just as serious, if not more so.

Below are some examples of head injuries, but even if your injury type isn’t listed here, it’s likely you can still seek help:

  • Concussion: This is a very common type of head injury and is usually caused by a bump on the head. Concussion can lead to symptoms such as unconsciousness, headaches, confusion, memory loss, blurred vision and feeling disorientated
  • Subdural haematoma: This is a condition in which blood pools between the brain and the skull, causing symptoms similar to concussion. In some cases, it can take a while for the symptoms to develop
  • Subarachnoid haemorrhage: This is caused by bleeding on the surface of the brain and can lead to a stroke. The condition can be caused by physical exertion, such as heavy lifting
  • Diffuse axonal injury: This is when the connections between cells in the brain get broken – usually as a result of a sudden jolt which causes the brain to move in the skull – such as in a road traffic accident

Serious head injuries

If you or someone close to you has suffered from an injury which is likely to continue to affect your life in the future, or will need ongoing medical treatment, then you may be able to ask for help to make a serious injury claim.

An expert solicitor will consider the impact of your injury when working out your compensation.

They might also be able to arrange for you to receive interim payments of compensation to cover the immediate expenses.

For example, you may be struggling to keep up with the bills because of the costs of an expensive operation – you could receive a smaller amount of compensation before your final amount to cover these kinds of costs.

Starting an injury claim

Starting a claim might be the last thing on your mind at such a traumatic time. But, if you get in touch with a specialist solicitor, they’ll do everything they can to make sure the claims process is as simple and stress-free as it can possibly be.

They’ll cut out the legal jargon and give you the straight facts – and this starts when you get in touch with a trained legal adviser to find out whether you can claim.

Calling them on 0800 234 6438 doesn’t mean you need to start a claim. It means you are getting free, impartial advice about your options and next steps.

They’ll be able to tell you on the same call whether we think you can go ahead with a compensation claim, and if you choose to take the next steps, they can pass you to the right specialist solicitor to handle your case.

Your legal adviser will also be happy to answer any questions and give you advice on claiming.

Once you’ve been passed on to a solicitor, they’ll also speak to you for free and will be able to talk you through the next steps. If you don’t feel ready, you can still drop out at this stage.

But if you choose to go ahead, your solicitor will get in touch with the other party and start to negotiate your compensation for you.

Claiming on behalf of a loved one

Seeing someone close to you suffer from a traumatic injury can be very upsetting. It’s normal to want the best for them, but because of their injury they may not be able to take action themselves.

That’s why you can legally make a claim on someone else’s behalf. Your injury solicitor will work hard to get them the compensation they need to pay for their treatment and will also look to cover the future impacts which their injury might have on their life.

What happens if my child suffers a head injury – is the claims process the same?

Under the Limitation Act 1980, there’s a strict time limit by which most compensation claims for personal injury have to be made. This is generally three years from the date when the accident happened, or from when the effects of the negligence first appear (whichever comes later).

Different rules apply when a child suffers a head injury, because someone under the age of 18 cannot legally make a compensation claim. Once the child turns 18, they have three years in which to start their own claim.

Alternatively, a parent or guardian can claim on the child’s behalf, acting as what’s known as a ‘litigation friend’. This is often a better option, as the sooner the claim starts the sooner compensation and financial support can be paid out. It also means the circumstances of the incident which caused the injury will still be fresh in the minds of everyone involved.

My spouse died from their head injury – can I make a claim?

Losing someone close to you can be truly devastating. In some cases, the effects of losing a loved one can also put you under financial hardship – for example, if you were financially dependent on that person.

To help with this, you may be able to make a compensation claim if you are:

  • The dependant of the deceased person
  • A family member of the deceased person
  • The estate of the deceased

If a loved one has died, you can claim compensation for:

  • Bereavement – the pain and suffering you endured as a result of the death
  • Dependency – if you relied on the deceased for some or all of your income
  • Funeral expenses

I suffered my head injury at work – what do I need to prove to make a claim?

To successfully make a compensation claim you’ll need to show that your employer was negligent – e.g. that they owed you a duty of care, that they breached this duty of care and that you suffered harm as a result.

Your specialist personal injury lawyer will arrange for you to be examined by a medical expert who will produce an official report with the cause and extent of your injury and the effect it has had on your life. This can be used as evidence to help with your claim.

You should also keep records of any financial costs brought about by your illness, as well as write an account about the effect that illness has had on you and your everyday life.

When you submit your details, you'll be in safe hands. Our partners are National Accident Helpline (a brand of National Accident Law, a firm of personal injury solicitors regulated by the Solicitors Regulation Authority). They are the UK's leading personal injury service. Their friendly legal services advisers will call you to talk about your claim and give you free, no-obligation advice. National Accident Law may pay us a marketing fee for our services.

By submitting your personal data, you agree for your details to be sent to National Accident Law so they can contact you to discuss your claim.

If you win your case, your solicitor's success fee will be taken from the compensation you are awarded - up to a maximum of 25%. Your solicitor will discuss any fees before starting your case.