Head Injury Claim
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Any head injury needs to be taken seriously. Even a seemingly minor knock to the head can have serious consequences if not carefully monitored. The brain is highly vulnerable to damage, which can have long term effects out of all proportion to the initial symptoms.
Consequences of head injury
Although most head injuries are mild and recovery is complete, a proportion of victims will go on to develop epilepsy or other long term conditions such as loss of concentration, tiredness and mood changes. Head injury can also disrupt the senses, causing blurred or double vision, ringing in the ears (tinnitus) or conditions such as neuralgia.
While injuries to other parts of the head may not have such widespread effects as brain damage, they can still cause major trauma and have far-reaching consequences. Facial injuries may require numerous sessions of corrective surgery, resulting in disfigurement and difficulties in speaking or eating.
Compensation Settlement for Injury
How is a compensation settlement arrived at?
A compensation settlement for injury consists of two parts. The most immediately obvious effects of your injury are covered by a settlement for “General Damages”. This part of your compensation settlement covers “pain and suffering” and “loss of amenity”
Pain refers to the physical pain resulting from your injury.
Suffering concerns the mental and emotional aspects, so part of your settlement will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.
Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.
The “Special Damages” part of your settlement involves financial loss or additional costs. Under this heading will come a settlement for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.
What is the basis for a compensation settlement?
If you are to win a settlement, 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 awarded a compensation settlement.
Will a pre-existing condition reduce my injury settlement?
On the contrary, the settlement awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.