How much compensation will I get for brain injury in the UK?

When anyone mentions brain injury compensation there is a tendency to think about serious head injuries like those often sustained in road traffic accidents, accidents at work or a as a result of medical negligence.

However this is not the case as statistics produced by Headway the brain Injury association highlight the fact that in 95% of cases patients who visit hospital with a head injury only experience mild symptoms. These symptoms include things like feeling dizzy or light headed, nausea or a short period of unconsciousness.

However, the other 5% unfortunately result in more serious head or brain injuries that can have a negative effect on a persons ability to function normally. Figures produced by Headway estimate that around 10 and 20 thousand people suffer brain injuries every year, most of which are the result of a severe blow to the head.

In some circumstances brain injury compensation awards can exceed more than a million pounds. Within this blog post we will take a look at what constitutes severe brain damage and the amount of compensation you could receive.

Traumatic brain injury (TBI)

About a million people attend A&E departments every year after suffering a head injury. In the majority of cases these people will have no lasting effects, however others suffer traumatic brain injuries that can be life changing.

Severe brain injuries usually result in the patient losing consciousness for a more than 6 hours and these type of injuries are the ones that usually attract the largest amounts of brain injury compensation.

When using the term severe brain injuries, we mean that the victim’s brain damage is so profound that it results in significant physical and mental disabilities. When this happens the person involved will have to adapt to a completely new way of living. The impact of severe brain injuries also deeply affects the victim’s family, leading to drastic changes in their lives.

People often mistakenly believe that compensation at this level is solely for the injury the victim has suffered. However, significant claims for special damages, such as loss of earnings and other expenses, are usually included.

Very Severe Traumatic Brain Injuries

As mentioned above a brain injury claim can involve much more than compensation for the injury itself. You may also be able to claim for any associated costs that are incurred as a result of the injury.

Anyone suffering severe brain injuries is likely to require full-time care. There is also a possibility that their home will need to be modified and specialist equipment installed.

A typical brain damage claim for very severe injuries, resulting in significantly reduced mental capacity, will include claims for damages for some or all of the following:

Pain, suffering and loss of amenity
Loss of earnings both now and in the future
Any private medical expenses, such as those for special therapists
The costs associated with a partner or family member becoming a full-time carer (including their loss of earnings from their former career)
The Cost of any future professional care
The Cost of any specialist aids or equipment that is required
The costs of adapting a home to the injured persons specific needs. In some circumstances, the cost of purchasing a new home may be claimed.
Any transport or travel costs
The cost of replacing any items that were damaged in the accident this is usually more appropriate when the injury was sustained in a road traffic accident.

There is no doubt that severe brain injuries can threaten the life of the person involved, where even if they survive the extent of the injury can result in them being hospitalised for long periods of time. Compensation awards for this type of injury are often significant because:

No matter how much compensation they receive the person concerned will never get back the quality of life they had before.
Because anyone suffering a severe brain injury is likely to need 24 hour a day, 7 day a week care for the rest of their lives. The cost of this care places a significant financial strain on friends and relatives and the award will reflect that.

This is why the brain injury compensation awards in this type of situation average between £282,010 to £403,990

Mild Traumatic Brain Injuries

Even if the injury you sustain is not classed as severe you can still make a brain injury claim. If you suffer a mild traumatic brain injury that results in you losing consciousness for 30 minutes or less as a result of an incident that wasn’t your fault you may still be eligible for brain injury compensation.

Concussion is the most common form of mild traumatic brain injury the symptoms of which include:

Dizziness
Headaches
Constantly feeling tired
Not being able to sleep
sensitivity to light
Difficulty balancing
Inability to concentrate
Forgetfulness
Unable to process information
Low mood
Irritability
Feeling upset for no apparent reason

If you suffer an mild traumatic brain damage you could be awarded compensation form between £1,760 to £37,760.

Moderate Traumatic Brain Injuries

Moderate traumatic brain injuries are categorised as those where consciousness has been lost for anywhere between 15 minutes and 6 hours or where they have post traumatic amnesia for a period of up to 24 hours.

When suffering a moderate traumatic brain injury a patient may be find it difficult to communicate, experience some paralysis and their learning skills may be impaired. However, patients whose injuries fall into this category have a much better chance of recovery than those suffering a severe traumatic brain injury. They will also usually benefit more from the rehabilitation process.

When it comes to moderate brain damage the severity of the injury can vary widely meaning that the amount of brain injury compensation awarded is wide ranging. For example at the lower end of the scale your injuries could result in:

Their memory and ability to concentrate being affected
Their ability to carry out any work will is reduced
Being at a slight risk of epilepsy developing
Having a minimal reliance on other people

Whereas at the upper end of the scale your symptoms could include:

Your intellect being moderately to severely damaged,
You have undergone personality change,
Your sight, sound or speech sense has been severely impaired,
There is a significant risk that you could suffer from epilepsy
You have no prospect of returning to employment in the future

The range of brain injury compensation awards in this category are usually between £34,000 and £219,000.

Conclusion

Hopefully the information contained in this blog post will have helped to shed light on the amount of compensation you may receive when making a brain injury claim. However, it is important to note that these figures are only a guide and each case will be judged on its own merits taking into account the factors we have discussed. In fact there are cases where people have received much more than the maximum average payout. If you have suffered any kind of head trauma through no fault of your own contact the team here at Tylers personal injury solicitors today to discuss starting your claim for Brain injury compensation.