Brain Injury Claim
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The brain is extremely susceptible to damage, and even minor brain injury can cause severe disruption and impairment. Most commonly caused by a blow to the head, especially during a road traffic accident, effects can range from mild concussion to complete physical and mental incapacity. Apart from immediate damage, brain injury can also lead to the development of other long-term conditions such as epilepsy. For these reasons, significant compensation may be awarded both for injury itself and also long-term care and treatment.
How much compensation can I get for brain injury?
It is not necessary to suffer permanent brain damage to win injury compensation. Even minor head injury can cause problems such as concussion, headaches and confusion lasting several days or weeks, preventing the victim from enjoying normal life. If a full recovery is made, compensation may range from £1,000 to £6.500.
Minor brain damage entails almost a full recovery, with some persistent problems such as lack of concentration or mood changes. Moderate brain damage would reduce ability to work, affect the senses and possibly lead to secondary conditions such as epilepsy. Compensation for minor to moderate brain damage can range between £8,000 and £115,000.
More severe brain damage will cause major disability and need for permanent care. There may be a combination of physical (e.g. paralysis or coma) and intellectual (e.g. loss of language function) damage. Brain damage to this extent can win compensation from £100,000 to over a million pounds.
Personal Injury Law
What rights do I have under personal injury law?
If you have suffered an injury which wasn’t mainly your fault, the law says you are entitled to compensation for pain, suffering and loss of amenity. You may also gain compensation for loss of earnings and additional expense incurred due to the injury.
Who does the law say is responsible if I suffer personal injury?
Personal injury law has established a duty of care on the part of people, companies and organisations to ensure they do everything reasonably possible to avoid causing injury to others. As examples, if land owners allows the public access to their property, they should ensure that walkways are adequately maintained. Shopkeepers should keep aisles clear of objects shoppers might trip over, and clean up spillages promptly to prevent slips. When playing sports, the law expects people to behave responsibly and not inflict injury on others. There is also specific employment law which lays down the duties of employers to minimise the risk of personal injury.
What is the basis for a personal injury law claim?
If your injury claim is to succeed, the law says you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be able to win compensation under the law.
How much compensation can I win under personal injury law?
Amounts are determined by legal decision on a case by case basis. In England and Wales, Judges have issued broad guideline figures for different types and degree of injury, laid down in the Judicial Studies Board Guidelines. This has been built up from case law in personal injury claims. Information is given on this site under individual types of injury.