Head injury compensation claims

Head injury compensation claims relate specifically to injuries to the head, skull and brain suffered in accidents and incidents caused by someone else’s negligence or violent behaviour. Other terms for brain injury disability that are sometimes used in head injury claims include acquired brain injury (ABI) or traumatic brain injury (TBI).

Acquired brain injury or ABI is a general term which refers to any type of damage to the brain which occurs at any time after birth and, therefore, is not the result of a genetic or congenital disorder. The effects of ABI, and their duration, depend on the type of injury and its cause, but can result in physical, emotional, behavioural or cognitive disability. Acquired brain injuries may be traumatic or non-traumatic, depending on how the injury occurred.

Traumatic brain injury or TBI is a specific type of acquired brain injury (ABI) that is caused by an external jolt or physical blow to the head. An injury to the brain that is caused by physical trauma or impact to the head can be described as both acquired brain injury (ABI) and traumatic brain injury (TBI) or simply ‘head injury’.

Hypoxic brain injury is a type of ABI that is caused by oxygen deprivation. Hypoxic brain injury is not a head injury and is more commonly associated with medical negligence claims. However, hypoxic brain injury can be also caused by drowning, carbon monoxide, smoke inhalation or electrocution in accidents at work, on holiday, or as a result of defective appliances and products, leading to personal injury acquired brain injury (ABI) claims.

If you or a member of your family have suffered a brain injury in an accident that was caused by your employer, another road user or an organisation that owed you a duty of care, you may be entitled to funded rehabilitation and compensation.

Accidents which are often wholly or partly caused by negligence, leading to head injury or brain injury claims, include:

• road accidents;
• accidents at work;
• falls;
• sports and leisure accidents;
• accidents in schools;
• accidents in hotels, on holiday or abroad;
• accidents in public places;
• injuries from criminal or unlawful behaviour.

Head injury compensation claims often arise from road traffic accidents (RTAs) which involve:

• pedestrians hit by a moving vehicle;
• collisions involving cyclists or their injured passengers;
• collisions involving e-scooter riders or their passengers;
• motorcyclists and pillion passengers injured in accidents or collisions;
• drivers and passengers in cars, vans or lorries, taxis or on buses or coaches;
• injured victims of hit-and-run or uninsured drivers (MIB claims);
• road users injured by unsafe road conditions (council or highways agency claims).

Head injury claims for compensation for brain injury disability are often made against employers after accidents at work caused by:

• unsafe practices on construction or building sites;
• unsafe machinery or practices in a factory, warehouse, or workshop;
• unsafe working conditions on farms;
• unsafe conditions for working at heights;
• unsafe conditions or equipment in commercial kitchens;
• co-worker negligence;
• claims by service personnel against the MOD.

Accidents on holiday, abroad or at leisure which lead to head injury and brain injury compensation claims often involve:

• unsafe conditions in a public building or facility;
• unsafe holiday accommodation, such as hotels or rented apartments;
• accidents whilst travelling on ships, planes, trains, taxis, helicopters and other vehicles;
• unsafe practices or facilities during organised entertainment or sporting events.

Each person’s head injury compensation claim depends on the severity and extent of their injury and ongoing disability. Over time, people can sometimes make a full physical recovery after a minor head injury, but many people with brain injury suffer lifelong, physical, cognitive, and emotional problems that have a major impact on everyday life.

Head injury can cause devastating physical injury, such as:

• death;
• coma, persistent vegetative state (PVS) or minimally aware state of consciousness;
• skull and facial fractures;
• problems with mobility and movement, walking, balance and coordination;
• muscle weakness, paralysis, tremors and clumsiness;
• difficulties with speech, language and communication;
• sensory impairment, such as loss of taste and smell, hearing or eyesight;
• epilepsy.

Head injury can also lead to less obvious or hidden brain injury disability from;

• headaches;
• excessive tiredness or fatigue;
• cognitive problems with;
  • memory and concentration;
  • visual perception;
  • information processing;
  • lack of insight and understanding (empathy);
  • reasoning;
  • perseveration (repetitive thinking);
  • lack of motivation;
• behaviour and personality changes, such as:
  • impulsiveness, disinhibition;
  • mood swings, irritability, anger or frustration
• PTSD, depression, anxiety and psychological problems;
• sexual difficulties;
• hormonal imbalance (hypopituitarism).

Most of our brain-injured clients experience a combination of these problems, as well as any other injuries from their accident (such as major trauma or chronic pain). These injuries, even if ‘hidden’, affect their mobility and dexterity and their ability to work, return to their former hobbies or activities, or look after themselves and live safely and independently.

In most personal injury claims relating to injuries which occurred in England or Wales, court proceedings must be issued (formally started) within three years of the date of the injury. There are some exceptions to the three-year limitation deadlines:

• A child’s three-year time period only begins to run from the age of 18, meaning that their limitation deadline expires when they reach the age of 21.
• Adults who lack mental capacity to make their claim have no limitation deadline. Where an injured person’s mental capacity is uncertain, we work closely with our Court of Protection team to determine whether our client has capacity to bring their own claim.
• In exceptional circumstances, the court may extend the limitation deadline, such as in asbestos-related disease claims where it was not known that an injury had occurred until after the deadline for making the claim.
• If the injury occurred in an accident abroad, the law of the country where the accident happened will usually set the time limit for making a claim. These time limits vary from country to country and can be much shorter than the deadlines in England and Wales. If you have suffered a serious injury that was not your fault whilst working, travelling, studying or on holiday abroad, you should contact us for advice straight away.
• Claims against the Motor Insurers’ Bureau (MIB) and the Criminal Injuries Compensation Authority (CICA) are also subject to significantly shorter deadlines and may be rejected if there is any delay.

Failing to issue personal injury proceedings within the limitation deadline can have serious consequences and may result in the injured person losing their right to make a compensation claim. We recommend that you contact us for free advice as soon as possible after your injury to enable our personal injury claims solicitors to protect your entitlement to compensation and assist in your rehabilitation and recovery.

Our personal injury solicitors specialise in compensation claims for people who have suffered severe, life-changing injury and disability. We usually secure funding long before settlement of the claim to meet our severely brain-injured clients’ urgent need for rehabilitation to provide the best chance of recovery, restored independence and the ability to participate in a fulfilling life.

We also obtain interim (advance) payments to meet other urgent needs, such as paying for home adaptations to suit our client’s disability, specialist equipment or easing financial hardship arising from lost earnings.

The amount of compensation that each of our clients receives depends on their injury and disability and its impact on their life. We ensure that each client’s claim is carefully calculated to meet their needs arising from their disability and replace their financial losses. The final value of the claim will reflect the injured person’s need for rehabilitation, specialist equipment, treatment, lifelong care or adapted accommodation, as well as their predicted lifespan.

Our clients’ head injury claims often include compensation for:

• pain, suffering and disability;
• costs of care and case management;
• rehabilitation - often funded directly by the defendant’s insurer;
• therapies, such as:
  • occupational therapy (OT);
  • physiotherapy;
  • speech and language therapy (SALT);
  • psychological counselling;
  • pain management;
• medical or surgical treatment;
• adapted vehicles, wheelchairs and mobility aids;
• additional costs of adapted accommodation;
• specialist aids, equipment and assistive technology (IT);
• loss of earnings and pension;
• support with vocational or special educational needs (SEN);
• Court of Protection deputyship.

The Rehabilitation Code of Practice encourages solicitors representing injured clients and defendants’ insurers to prioritise the injured person’s need for rehabilitation during their personal injury claim. As specialists in claims arising from head injury, brain injury and major trauma, we know from countless clients’ experience the difference that timely, seamless and coordinated rehabilitation can make to a severely injured client’s recovery and independence.

Many families come to us after their loved ones have suffered a devastating head injury in an accident and need rehabilitation in a specialist unit. If we are instructed while the injured person is still in hospital, we work with the defendant’s insurers, the medical team and our experienced brain injury case managers to ensure that the injured person receives coordinated care and a seamless, timely transition to personalised rehabilitation, supported by our expert team and funded by the defendant’s insurers.

Read more about how we help our clients with brain injury rehabilitation in head injury compensation claims.