Head Injury Claim
At Tylers Solicitors, head injury claims are handled with care and attention to the medical evidence involved. Some cases involve short term symptoms, while others require longer recovery or specialist treatment. Our role is to make sure the injury is properly assessed before any settlement is agreed.
Head injury claims may arise after an accident that was not your fault, and even injuries that seem minor at first can lead to ongoing symptoms or complications. A knock to the head can affect memory, concentration, balance and mood, and in some cases problems develop days or weeks after the incident. When the injury has been caused by negligence, compensation may help cover lost earnings, treatment costs and the impact the injury has had on daily life.
Claims are handled on a no win no fee basis, so you can seek advice without paying upfront legal costs. If you would like to discuss a possible claim, you can contact our team on 0800 699 0079 for a free consultation.
Understanding Head Injuries
A head injury can range from a mild concussion to more serious trauma affecting the brain or skull. The symptoms are not always obvious straight away, which is why medical assessment is important after any accident involving a blow to the head.
Concussion is one of the most common types of head injury. It may cause dizziness, headaches, confusion or problems with concentration. Most people recover, but some continue to experience symptoms for longer than expected.
Closed head injuries happen when the head is struck but the skull is not broken. Even without a visible wound, the brain can still be affected by the impact. In some cases this can lead to memory problems or ongoing headaches.
Open head injuries involve a fracture or penetration of the skull. These injuries are more serious and may require hospital treatment or surgery. Skull fractures can also increase the risk of long term complications.
Post concussion syndrome can develop after what first appears to be a minor injury. Symptoms may include fatigue, poor concentration, sleep problems and sensitivity to light or noise. These effects can last for months and sometimes longer.
Where a head injury results in significant brain damage, the claim may fall within the category of brain injury claims, which involve more complex medical evidence and long term care considerations.
When Can You Make A Head Injury Claim?
You may be able to make a head injury claim if the accident happened because another person or organisation failed to take reasonable care for your safety. In legal terms, a successful claim usually depends on showing that a duty of care existed, that the duty was breached and that the breach caused the injury.
A duty of care can arise in many situations. Drivers must take care on the road, employers must provide a safe working environment and property owners must keep premises reasonably safe for visitors. If these responsibilities are not met and an accident happens, a claim may be possible.
Negligence means that the person responsible did not act as they should have done. This might involve unsafe working conditions, careless driving, poor maintenance or failure to follow safety procedures.
Causation must also be shown. This means proving that the accident led to the head injury and that the symptoms were not caused by something else. Medical records, accident reports and witness evidence are often used to support the claim.
The strength of the evidence is important, which is why it is usually best to seek legal advice as soon as possible after the accident.
Common Circumstances Leading To Head Injuries
Head injuries can happen in many different situations, but some types of accident are seen more often in compensation claims. The exact cause will always depend on the facts of the case, and each claim must be considered on its own evidence.
Drivers, passengers, cyclists and pedestrians can all suffer head trauma in collisions, particularly where there has been sudden impact or lack of proper safety precautions.
Falling objects or falls from height may all result in injury. Employers have a legal duty to provide safe equipment, training and working conditions, and a claim may be possible where those duties have not been met.
Uneven flooring, wet surfaces, poor lighting or damaged steps can create hazards in shops, workplaces or public areas. Where the person responsible for the premises has failed to deal with the risk, they may be liable for the injury.
- Assaults
In some situations, compensation may be available even where the person responsible cannot be identified, depending on the circumstances.
Head injuries may also occur after sporting incidents or accidents involving defective equipment. Whatever the cause, the key question is whether the injury happened because someone else failed to take reasonable care.
How Compensation Is Assessed
Compensation in head injury claims depends on the seriousness of the injury and the effect it has had on your life. There is no fixed amount for a head injury, and each case must be valued on its own evidence. Courts and insurers often refer to the Judicial College Guidelines, which provide compensation brackets for different types of injury, but these figures are only a starting point.
The severity of the injury, the length of recovery and whether symptoms continue are all considered. Medical evidence is usually required to confirm the diagnosis and expected outcome. In some cases, an independent specialist report may be needed to assess ongoing problems such as headaches, dizziness or concentration difficulties.
Financial losses are also included where relevant. Time off work, treatment costs and the need for support at home may all form part of the claim. Where symptoms affect your ability to return to work or carry out normal activities, this will be taken into account when the claim is valued.
What Can Head Injury Compensation Cover?
A head injury compensation claim can include damages for both the injury itself and the financial impact it has caused. The aim is to compensate you for the effects of the accident as a whole, not just the initial injury.
Compensation for pain and suffering reflects the symptoms caused by the injury, such as headaches, memory problems, fatigue or difficulty concentrating. The amount depends on how serious the injury is and how long the symptoms last.
Loss of earnings may be included if you have needed time off work while recovering. Where the injury affects your ability to return to your usual job, future loss of income may also need to be considered.
Medical treatment, rehabilitation and travel expenses can form part of the claim. This may include physiotherapy, counselling or other treatment needed to support recovery.
If the injury affects independence, the cost of care or assistance may also be taken into account. In some cases, ongoing symptoms mean further treatment or support is required, and these future needs can be included when the claim is assessed.
Head Injuries Affecting Children
Head injury claims can also be made on behalf of children. Because a child cannot deal with the legal process themselves, a parent or guardian usually acts as a litigation friend and makes decisions in the child’s best interests.
Children may suffer head injuries in road traffic accidents, at school, during sport or because of unsafe premises. Even where the injury appears minor, medical advice should always be obtained, as symptoms can develop later.
The time limit for claims involving children is different from that for adults. In most cases, the three year period does not begin until the child reaches the age of eighteen, although a claim can be started earlier by a parent or guardian.
Where a head injury affects learning, behaviour or development, medical evidence may be needed before the claim can be settled to make sure the long term effects are properly understood.
Time Limits & Claim Process
Most head injury claims must be started within 3 years of the accident or the date the injury was diagnosed. This time limit applies to most personal injury cases in England and Wales, although different rules apply for children and for people who lack mental capacity.
If the injured person was under 18 at the time of the accident, the three year limit usually begins on their 18th birthday. Where mental capacity is affected, the time limit may not apply in the usual way.
The claims process normally begins with an initial consultation to discuss the accident and the injury. Evidence is then gathered, including medical records, accident reports and witness details. An independent medical assessment is often arranged to confirm the extent of the injury.
Many claims settle without going to court, but proceedings can be started if agreement cannot be reached. Taking advice early can make the process easier, as evidence is often easier to obtain soon after the accident.
How Long Do Head Injury Claims Take?
The time needed to settle head injury claims depends on the seriousness of the injury and whether responsibility for the accident is accepted. Some claims involving minor injuries can be resolved within a few months, while cases involving ongoing symptoms may take longer because medical evidence is needed before the value of the claim can be agreed.
It is often necessary to wait until recovery has stabilised so that the long term effects of the injury are clear. Settling too early can mean that future problems are not taken into account. Where the other party disputes the claim, the process may take longer, although many cases are resolved without a court hearing.
Each claim is different, but taking advice early can help make sure the case progresses as smoothly as possible.
Why Choose Tylers Solicitors For Head Injury Claims?
At Tylers Solicitors, head injury claims are handled with a careful and practical approach. We understand that even a mild head injury can affect work, health and everyday life, and it is important that the claim reflects the full impact of the accident.
We have experience dealing with personal injury claims arising from road traffic accidents, workplace incidents, slips and trips and other situations where negligence has caused injury. Our aim is to provide clear advice from the start and to guide you through the process so you understand what to expect at each stage.
All claims are handled on a no win no fee basis, which means you do not pay legal fees upfront. We take the time to assess the evidence properly before advising on settlement, so that any compensation reflects both the injury and the financial effect it has had.
If you would like to speak to a solicitor about a possible head injury claim, you can contact our team for a free consultation.
Head Injury Compensation Calculator
Our head injury compensation calculator can provide a guideline estimate based on the type of injury and its severity. The figures are based on compensation ranges used in personal injury cases and are intended as a general guide only.
The calculator relates to compensation for the injury itself and does not include financial losses such as lost earnings, treatment costs or future support. Because every claim is different, a full assessment is usually needed to understand what the case may be worth.
You can use the calculator for an initial estimate, then speak to our team for advice based on your individual circumstances.
If you would like to start your head injury claim, contact our solicitors today for a free consultation and clear guidance on the next steps.
Find out how much compensation you could claim
Table of Contents
Frequently Asked Questions
How Much Is A Head Injury Claim Worth?
The amount depends on the seriousness of the injury, how long recovery takes and whether there are ongoing symptoms. Compensation may also include financial losses such as lost earnings or treatment costs, so the value can vary from case to case.
How Long Does A Head Injury Claim Take?
The time needed depends on the severity of the injury and whether responsibility is disputed. Minor injury claims may settle quickly, but claims involving ongoing symptoms often take longer because medical evidence is needed before the value can be agreed.
What Is A Head Injury Compensation Claim?
A head injury compensation claim is made when someone suffers a head injury because another person or organisation failed to take reasonable care. If negligence can be shown, compensation may be awarded for the injury and any losses caused by it.
How Long Do You Have To Make A Head Injury Claim?
In most cases, a claim must be started within three years of the accident or the date the injury was diagnosed. Different rules apply for children and for people who lack mental capacity, so it is best to seek advice as soon as possible.
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NO WIN - NO FEE
For any Bodily Injury Claims, call Tylers Solicitors today, a leading UK provider of no-win, no-fee legal services. Our experienced team will work with you to get the maximum amount of compensation you’re entitled to, following any kind of injury that isn’t your fault!