Head Injury & Brain Damage Compensation Claims
Calculating the amount of compensation for a head or brain injury compensation claim is not always straightforward, each injury is unique and the physical, psychological and financial effects will differ from case to case.
Head injuries are commonplace and can vary in severity from a concussion suffered on the sports field to a life-changing brain injury sustained in a road traffic accident.
The head houses the brain, which is protected by the skull, the skeletal structure that supports the face and protects the brain by providing a protective cavity. Head injuries can therefore be extremely serious. If the brain becomes injured a person’s cognitive and physical ability can be impaired for life and in the worst-case head & brain injuries can be fatal.
In the event that you have suffered a head injury or brain injury, it is essential that you employ the services of an experienced personal injury lawyer, used to dealing with head injury claims and brain injury compensation. Sheldon Davidson Solicitors are experienced personal injury lawyers with years of involvement in handling head and brain injury claims. They will use their considerable experience and expertise to build the best possible case on your behalf, maximising your chances of a successful claim and ensuring you and your family receive the compensation they deserve.
How compensation could help you
Suffering a serious head or brain injury is likely to result in time off work, or where serious injuries have occurred, and cognitive and/or physical ability is impaired the person may never be able to work again. Obviously, this can cause huge emotional and financial strain for the injured person and their immediate family and compensation can help ease the pressure and provide access to the best care available. It could help cover the costs of things like:
- Adaptations to the home, or the purchase of a new (modified) home
- Loss of earnings
- Care provision in the home
- Specialist treatment not available on the NHS
- Special educational needs such as speech therapy
There are some figures indicated above, but these should be treated purely as a guide since every case is unique and is treated as such by the court. Any financial compensation is awarded based on two types of damages:
Special Damages: actual costs incurred as a result of the accident/injury
General Damages: the sum awarded for pain, suffering and the impact on the person’s life.
It is fair to assume however that the more severe and long-lasting a person’s injuries are the higher the sum likely to be awarded.
Head & Brain Injury Approximate Compensation Settlement Amounts
Very Severe Brain Damage:
£240,600 - £345,000
Severe Brain Damage:
£186,900 - £240,600
Moderately Severe Brain Damage:
£36,750 - £186,900
Less Severe Brain Damage:
£13,050 - £36,750
Minor Brain or Head Injury:
£1,900 - £10,900
Deafness or Tinnitus
Total Deafness with Loss of Speech:
£93,550 - £120,050
£77,450 - £93,550
Total Loss of Hearing in One Ear:
£26,700 - £39,000
Severe Tinnitus and Partial Hearing Loss :
£25,360 - £38,860
Moderate Tinnitus and Moderate Hearing Loss:
£12,750 - £25,350
Mild Tinnitus and Some Hearing Loss:
£10,700 - £12,750
Slight/Occasional Tinnitus with Slight Hearing Loss:
£6,300 - £10,700
Slight Tinnitus or Slight Hearing Loss:
Up to £5,950
Established Grand Mal:
£87,000 - £128,100
Established Petit Mal:
£46,800 - £112,150
Other Epileptic Conditions:
£9,100 - £22,500
Impairment of Smell and Taste
Total Loss of Smell and Taste:
In the region of £33,500
Total Loss of Smell and Significant Loss of Taste:
£28,100 - £33,500
Loss of Sense of Smell:
£21,400 - £28,100
Loss of Sense of Taste:
£16,400 - £21,400
Injuries Affecting Sight
From minor temporary eye injuries to permanent total blindness:
£1,900 - £230,000
Injuries Affecting Sight & Hearing
Total Loss of Sight and Significant Loss of Hearing:
In the region of £345,000
Types of Head and Brain Injury
Head injuries fall into three categories
Open head injuries; where the skull is fractured and damage to the brain tissue occurs.
Closed head injuries; where the skull remains intact, but the blunt force trauma suffered, either via a violent blow or jolt to the body is enough to cause a concussion and in more serious cases bleeding around the brain.
Crushing Head Injuries; where the head is compressed between two hard surfaces, generally affecting the nerves and brainstem, rather than the brain itself.
Any brain injury acquired after birth is referred to as an ‘Acquired Brain Injury’ (ABI).
An Acquired Brain Injury can then be further broken down into two groups, Non-Traumatic Brain Injuries and Traumatic Brain Injuries.
- Non-Traumatic Brain Injuries occur as a consequence of something happening within the body that causes the brain to be starved of oxygen or blood. This type of injury invariably causes some degree of permanent damage to the brain. There are multiple ways in which this type of injury can occur naturally including strokes, brain haemorrhages and tumours. Whilst the majority of Non-Traumatic Brain Injuries are caused naturally, some can occur due to external factors, including medical negligence or poisoning.
- Traumatic Brain Injuries are injuries sustained when the head is affected by an external force, i.e. the impact of the dashboard on the head during a road traffic accident or being stuck with the fist or a weapon during a physical assault.
Common Causes of Head & Brain Injuries
Head injuries come in many forms and can be caused in many ways, below are some of the more common examples:
- Road traffic accidents - As a pedestrian or as the driver or passenger in a vehicle
- Falls from height - Could be a fall from a ladder or a child falling from a tree
- Slipping or tripping - On slippery or uneven ground
- Sports accidents - Can involve a single impact injury such as a high-speed skiing accident or an accumulative impact injury such as those acquired in boxing
- Medical Negligence - Neurological damage caused by sub-standard medical care
- Physical assault - Injury sustained by a blow to the head with weapon or parts of the assailant’s body, e.g. fists and feet
- Work Accidents - Could be caused by a fall, a falling object, faulty machinery or inadequate PPE, etc
Effects of a Head or Brain Injury
Injuries can be minor, such as concussion, which is a temporary impairment of normal brain function. Symptoms of a concussion can last for hours or a number of weeks and some people can be affected for months or even years after. Serious injuries, however, can result in long-term brain damage which can be life-changing, as cognitive or physical ability (or both) can be impaired with limited, or no chance of recovery. Obviously the more severe the injury, the greater the chance of permanent damage. Typical symptoms of head/brain injuries can include, but are not limited to:
- Communication problems such as slurred speech
- Depression or anxiety
- Reduced awareness
- Mood or behavioural changes
- Memory Loss
- Sensory loss such as taste or smell
- Weakness or paralysis
Physiology of the Brain
Encased within the skull for protection, the brain is responsible for controlling a huge number of body functions including movement, speech and memory, as well as controlling the healthy function of many organs in our body. It interprets information received via the senses and embodies who each of us is as a person, governing creativity, emotion, intelligence and many other facets that define us as individuals.
Composed of three parts, the brain is integral to our everyday existence.
Cerebrum - The cerebrum is the uppermost part of the brain and consists of two hemispheres, the left and the right. The left hemisphere controls abilities like speech and writing and comprehension, whilst the right hemisphere defines our levels of creativity, both musically and artistically, along with being responsible for our spatial abilities.
Cerebellum: The Cerebellum is located near the brainstem and is responsible for controlling voluntary movements, coordinating the timing and force with which muscle groups work. It also determines motor skills such as coordination, balance and posture.
Brainstem: The Brainstem is responsible for many subconscious body functions including breathing, regulating body temperature, sleeping, sneezing, coughing and swallowing, amongst others. A vital part of the central nervous system, the brainstem makes up less than 3% of the total mass of the brain, but an essential 3% because it acts as a relay centre connecting the spinal cord to the cerebrum and cerebellum, essential to sensory and motor function.
How to Make a Head or Brain Injury Compensation Claim
If you have sustained a head or brain injury as a result of third-party negligence, Sheldon Davidson Solicitors' team of Manchester personal injury lawyers will handle all aspects of your head injury compensation claim, ensuring you are awarded the maximum financial settlement available to you.
Sheldon Davidson Solicitors are head injury claim specialists with expertise in settling a varied range of both head and brain injury compensation claims.
We have a strong record of obtaining practical financial support and high-quality medical care for our clients. To find out more about pursuing your head or brain injury compensation claim, contact our team or fill in our online claim form.