As the body’s central command centre, the brain is essential for controlling vital functions such as breathing, memory and emotion. Therefore, any damage to your brain can be life-altering, giving rise to permanent disabilities and even death in the worst possible cases. Especially if the accident was caused by a third party, this can add another layer of frustration to an already upsetting situation. If you or a loved one has suffered something similar, you may be wondering how to sue for a head/brain injury. Fortunately, our team of advisors are here to guide you through the compensation claims process.
At How To Sue, we understand that the thought of starting a claim can seem daunting. That being said, our team of advisors work around the clock to provide a fully personalised experience for people just like you. As part of the free services that we offer, you could receive useful advice, help with answering questions and an eligibility assessment of your case from our team. Following this, you could be connected with one of the specialist solicitors from our panel to start your claim.
To learn how to sue for a head/brain injury, please don’t hesitate to get in touch with our team.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
Jump To A Section
- How To Sue For A Head Or Brain Injury
- How Can Brain Or Head Injuries Be Sustained?
- What Brain Or Head Injury Compensation Can Be Awarded?
- What Can Suing For Head And Brain Injury Compensation Help With?
- How To Sue For Fatal Head Or Brain Injuries
- What Evidence Will Be Needed To Sue For A Head Or Brain Injury?
- Is There A Time Limit To Suing For Brain Or Head Injury Compensation?
- How To Sue For A Head Or Brain Injury On A No Win No Fee Basis
- Frequently Asked Questions
- More Information
How To Sue For A Head Or Brain Injury
To sue for a head or a brain injury, you must be able to prove that you or a loved one suffered such an injury due to the negligent actions of a third party. Essentially, you will need to prove
- You were owed a duty of care (this is a legal responsibility placed on a third party to ensure your reasonable safety)
- A third party breached this duty
- You or a loved one suffered an avoidable head or brain injury as a result.
Later in this guide, we will share examples of incidents where you are owed a duty of care, what exactly is owed, and how a brain injury could be suffered if this is breached.
How To Sue For A Loved One’s Head Or Brain Injury
To sue for a loved one’s head or brain injury, you could assume the role of a litigation friend. In doing this, you could claim compensation on behalf of:
- A child under the age of 18, or;
- A person lacking in mental capacity that prevents them from making a claim.
As their litigation friend, your role would include:
- Ensuring the claimant’s needs are prioritised throughout the process
- Liaising with their solicitors
- Assisting in evidence-gathering efforts
- Managing costs
- Approving settlements
Moreover, litigation friends are typically parents, guardians, close family members and even solicitors.
To learn more about how to sue for a head/brain injury on behalf of a loved one, please get in touch with our team today.
How Can Brain Or Head Injuries Be Sustained?
Brain or head injuries can be sustained due to external physical force in accidents, ranging in severity. As such, please see the examples below and how personal injury claims could arise as a result:
Road Traffic Accident
All road users owe a duty of care to each other. Per this, they must navigate the roads in a way that avoids harm to themselves and to others. To help meet this duty, drivers must also abide by the rules of the Highway Code and the Road Traffic Act 1988.
Therefore, you could sue for a road traffic accident if a third party was negligent, resulting in head or brain injuries to yourself or a loved one. For instance:
- A third-party driver could fail to brake due to using their phone, resulting in a rear-end collision. This could lead to serious brain damage from hitting your head against the dashboard.
- A loved one could be involved in a zebra crossing accident as a pedestrian due to a driver failing to stop while speeding. This could result in a concussion, brain bleeding and serious neck injuries.
Public Liability Accidents
Third parties in control of public places owe a duty of care to any visitors to their premises. As such, these occupiers should take practical steps to ensure the reasonable safety of members of the public. This is also set out in the Occupiers’ Liability Act 1957.
Therefore, you could sue for an injury in a public place if a third party failed to ensure your safety, resulting in head or brain injuries. For example:
- A supermarket could fail to post a Wet Floor sign at a spill, causing you to slip and fall. You could hit your head, resulting in a moderate head injury.
- A local authority responsible for a public park could fail to repair a broken pavement slab within a reasonable time, even though they are aware of it. A loved one could trip and fall, resulting in serious brain damage, paralysis and psychological injuries.
Workplace Accidents
Employers have a duty of care to take reasonable steps to ensure the safety of their employees. In doing this, employers must adhere to the Health and Safety at Work etc. Act 1974 (HASAWA). For example, employers should provide adequate training and conduct machinery checks as part of their legal obligations.
Consequently, you could make an accident at work claim if an employer failed to ensure your safety, resulting in head or brain injuries. To illustrate:
- You could suffer a scaffolding accident due to your employer’s inability to secure safety railings. You could fall from a height, resulting in serious head, back and shoulder injuries.
- An employer fails to repair an overhead conveyor belt, resulting in a heavy box travelling along this line falling and hitting your loved one as they were working, resulting in serious brain damage.
Medical Negligence
All healthcare professionals owe a duty of care to their patients. In doing so, healthcare professionals should provide the minimum expected standard of care when treating. For example, healthcare professionals should refer patients for further testing when necessary and assess allergies as part of their professional obligations.
Therefore, you could make a medical negligence claim if you received substandard medical care, resulting in you suffering unnecessary brain or head damage. For instance:
- A doctor could misinterpret the results of an MRI scan, leading to a brain cancer misdiagnosis. As a result, you could experience delayed treatment, leading to the cancer spreading and requiring more aggressive treatment.
- A consultant could make a surgical error during an aneurysm repair operation, resulting in irreparable brain damage. The patient could also suffer a reduced quality of life and mental harm as a result of this error.
Criminal Assault
If you or a loved one has suffered a head or brain injury due to an assault, you could make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA).
To illustrate, you could make a criminal injury claim in the following scenarios:
- You may have been non-provokingly shoved by a third party at a bar, causing you to hit your head against a stool. This could cause severe head injuries, internal bleeding and Grevious Bodily Harm (GBH).
- A loved one may have been attacked by armed robbers, causing them serious head injuries and wounds from a weapon.
How Much Compensation Can I Sue For For Criminal Head And Brain Injuries?
The amount of compensation you could sue for criminal head and brain injuries will be valued with the tariffs set out in the Criminal Injuries Compensation Scheme 2012. This Scheme contains a range of fixed compensation amounts for both physical and psychological criminal injuries.
Below, we have listed some of the tariff amounts regarding brain and head injuries, which have been taken from the Scheme. Please be aware that the top figure is the absolute maximum that will be paid out in a successful CICA claim.
| Injury | Level | CICA Tariff Amount |
|---|---|---|
| Multiple serious injuries, lost earnings and special expenses, such as home adaptations | Severe | Up to £500,000 |
| Brain Damage | Very serious brain injury | £175,000 |
| Brain Damage | Moderately severe | £110,000 |
| Moderate Brain Damage | Significant | £82,000 |
| Moderate Brain Damage | Moderate | £55,000 |
| Moderate Brain Damage | Slight | £27,000 |
| Minor Brain Damage | Significant and long lasting | £22,000 |
| Minor Brain Damage | Moderate and medium term | £16,500 |
| Minor Brain Damage | Slight and short lived | £6,200 |
| Minor Head Injury | Permanent with minimal brain damage | £6,200 |
You may also be able to receive compensation for special expenses and loss of earnings through the CICA, but specific requirements must be met.
To learn more about how to sue for a head/brain injury after a criminal assault, please contact our team today.
What Brain Or Head Injury Compensation Can Be Awarded?
You or a loved one could potentially be awarded between £2,690 to £493,000 in brain or head injury compensation, according to figures listed within the Judicial College Guidelines (JCG), depending on the severity of the harm suffered.
Legal professionals use the JCG publication to help them value injuries, as it contains compensation guidelines for many injuries and severities. Any compensation you or a loved one is awarded for the injury will be under the head of claim known as general damages.
All entries in the table below, apart from the top figure, have been taken from the JCG. Please be aware that these are merely guidelines and do not guarantee the amount of compensation you could receive.
| Injury | Severity | Compensation Pay-out |
|---|---|---|
| Multiple severe injuries with financial losses | Multiple severe injuries with financial losses such as lost earnings, medical expenses and travel costs | Up to £1,000,000+ |
| Brain Damage | Very Severe with an affect on life expectancy and senses | £344,150 to £493,000 |
| Moderately Severe affecting the degree of insight and communication | £267,340 to £344,150 | |
| Moderate (i) with a personality change and an affect on sight | £183,190 to £267,340 | |
| Moderate (ii) with a risk of epilepsy | £110,720 to £183,190 | |
| Moderate (iii) with fatigue and vestibular symptoms | £52,550 to £110,720 | |
| Less Severe considering the presence of seizures and depression | £18,700 to £52,550 | |
| Minor assessing the severity and continuation of symptoms | £2,690 to £15,580 |
For more information on how to sue for a head/brain injury, please get in touch with one of our friendly advisors today.
We are here to help you
Here at How To Sue, our expert advisors are on hand 24 hours a day 7 days a week to assess your compensation claim. Should you require free legal advice we can connect you to a specialist solicitor.
What Can Suing For Head And Brain Injury Compensation Help With?
Suing for head and brain injury compensation can also help with any monetary losses you or a loved one may have suffered due to the injury. Through the award of special damages, you or a loved one could receive a reimbursement for financial losses.
To illustrate, please see the following examples of special damages that could be included in your claim:
Loss Of Income
If you or a loved one has taken time off work due to a head or brain injury, you could claim for the following:
- A loss in current earnings
- Loss of a bonus
- Loss of overtime pay
- Loss of workplace benefits such as healthcare contributions and pension schemes
Future Lost Earnings
If you or a loved one suffered a life-altering head or brain injury, you may be worried about your ability to work going forward. Therefore, you or a loved one could claim for any future lost earnings, which will be calculated on several factors:
- The severity of the injuries
- The expected recovery period
- Your age
- Potential job and earnings prospects
Cost Of Care
If a head or a brain injury has left you or a loved one unable to perform daily tasks, the following could be included in your claim:
- Professional care costs for help with cooking, cleaning, nursing and dressing
- The equivalent costs of care from family members
- Indirect care costs. For example, you could include the lost earnings of a family member who took time off work to look after you.
Medical Expenses
You may have sought private medical care to avoid long waiting times on the NHS. As such, you could include the following costs in your claim:
- Private healthcare consultations
- Private healthcare surgeries and recommended treatments
- Prescription costs, such as painkillers and antidepressants
Rehabilitation And Recovery
You or a loved one may have sought rehabilitation sessions to aid your head or brain injury recovery. You could therefore claim for the following:
- The cost of physiotherapy sessions
- Occupational and cognitive behavioural therapy costs
- Speech and language therapy sessions
- Counselling sessions to aid any psychological injuries
Home Adaptations
If a head or brain injury has left you with permanent disabilities, you may require modifications to your home. As such, you could include the following costs in your claim:
- Home adaptation costs such as chairlifts, ramps, hoists and new doors to accommodate wheelchair access.
- If you’re relocated due to your injuries, you could include removal costs and installation fees as part of your special damages.
Car Adaptations
Due to the permanent nature of head or brain injuries, you or a loved one may have also required car adaptations. The following could be included as part of your special damages:
- New hand controls
- Steering aids
- Swivel seats
- Ramps and lifts for wheelchairs
Travel Expenses
You or a loved one could include the following expenses from travelling to and from appointments:
- Public transport costs such as trains, buses and trams
- Fuel expenses
- Taxi fares
Damage To Belongings
If an accident left you or a loved one with damaged belongings, you could include the following as part of your special damages:
- Repair costs to your vehicle
- Damaged clothing items and accessories
- Damaged electronics such as mobile phones and headphones
To learn more about how to sue for a head/brain injury in relation to special damages, please contact our friendly team today.
How To Sue For Fatal Head Or Brain Injuries
To sue for fatal head or brain injuries, you must be either the estate of the deceased person or a dependent (qualifying relative), and the deceased must have suffered their fatal injury due to the negligent actions of a third party. As such, you could make a fatal accident claim to seek compensation for suffering a bereavement.
Please see the following legislations and who can make fatal accident claims under them:
Law Reform (Miscellaneous Provisions) Act 1934
Under the Law Reform (Miscellaneous Provisions) Act 1934, the estate of the deceased can claim the following:
- The pain and suffering of the deceased before their death
- Financial losses incurred by the deceased before their death
- On behalf of the dependents
It is important to note that the estate is the only party that can begin a claim within the first 6 months following death.
Fatal Accidents Act 1976
Under the Fatal Accidents Act 1976 (FAA), dependents of the deceased can make their own claim for the impact of the death. Please note that this can only be made if no claim has been made on behalf of the estate within the first 6 months.
Under the FAA, a dependent can include:
- Parents or step-parents of the deceased
- A current or former husband, wife or civil partner of the deceased
- Siblings, aunts and uncles of the deceased
- Children or step-children of the deceased
- A person who lived with the deceased as a spouse for at least 2 years before their death
Compensation For A Fatal Head Or Brain Injury
To learn how much compensation for a fatal head or brain injury could be awarded, please see the table below. Please note that all the figures, apart from the top entry, have been taken from the JCG, and are therefore guidlines and not gaurentees:
| Injury | Severity | Compensation Pay-out |
|---|---|---|
| Fatality Plus Add-On Claims, | Including the pain and suffering of the deceased and dependency payment | Up to £550,000+ |
| Paralysis | Tetraplegia (also known as Quadriplegia) with a severe paralysis below the neck affecting all limbs | £396,140 to £493,000 |
| Paraplegia, considering the age and life expectancy | £267,340 to £346,890 | |
| Death with Full Awareness | With death occurring within a few weeks to 3 months | £15,300 to £29,060 |
The Bereavement Award
Under the FAA, certain relatives may qualify for a bereavement award, a lump sum of £15,120. Please note that this amount will be split if multiple people wish to claim for it and could be awarded to
- A current spouse of the deceased
- Someone who lived with the deceased as spouses for 2 years immediately prior to death
- The parents, if the deceased was an unmarried minor
- The mother, if the deceased was an unmarried minor born out of wedlock
To see if you could qualify to claim for a bereavement award, please get in touch with one of our helpful advisors today.
What Evidence Will Be Needed To Sue For A Head Or Brain Injury?
The types of evidence needed to sue for a head or brain injury may include CCTV or dashcam footage of the accident taking place. Please see the additional examples of evidence that could support your claim:
- A copy of your or a loved one’s medical records
- A copy of an accident report form – e.g. from the workplace or public place accident book, or a police report
- Contact details of potential witnesses
- The contact details, insurance information and vehicle registration of any other drivers involved, if injured in a road traffic accident
To discover more about the types of evidence needed, please contact our advisors today.
Is There A Time Limit To Suing For Brain Or Head Injury Compensation?
Yes, there is a 3-year time limit to suing for brain or head injury compensation as per the Limitation Act 1980. The limitation period will start from the date of the accident or negligence.
There are exceptions to this, and you can learn more about them in our limitation period guide.
You can also contact our advisors to see if you have enough time to begin your own claim.
How To Sue For A Head Or Brain Injury On A No Win No Fee Basis
If you’re wondering how to sue for a head/brain injury, our advisory team is here to help you. Following our free case check service, you could be connected with one of the experienced No Win No Fee solicitors from our panel. Operating on a Conditional Fee Agreement (CFA), you could enjoy:
- No solicitor service fees at the start of your claim, as it progresses or in the event that it’s unsuccessful
- If your claim is a success, you’ll be required to pay a small success fee to your solicitor. The percentage this fee can be is capped by law and will be taken from your compensation. You’ll therefore always receive the bulk amount.
You could also experience the following benefits on a No Win No Fee basis:
- Connecting you with expert specialists and physiotherapists to aid ongoing head or brain injuries
- Regular case updates so you always know where your head injury claim stands
- Explanations of key legal terminologies to provide you with a full understanding of the personal injury claims process.
- Expert advice that strictly adheres to the rules of confidentiality
- Helping you apply to become a litigation friend if claiming on behalf of a loved one
Contact How To Sue
To learn more about how to sue for a head/brain injury, please get in touch:
- Contact us by filling out our online form
- Call us on 0800 408 7827
- Use our free live chat feature
Frequently Asked Questions
To learn more about head and brain injury claims, please see some common questions and answers below:
What Is The Most Serious Type Of Head And Brain Injuries?
The most serious type of head and brain injuries may include:
- A Diffuse Axonal Injury (DAI), which is a widespread tearing of nerve fibres in the brain.
- A severe brain haemorrhage
- A displaced skull fracture
How Can I Tell If A Head Injury Is Serious?
A head injury is serious if a person experiences a loss of consciousness, confusion, serious headaches, seizures, vision problems and difficulty speaking or walking. If you or a loved one experiences any of these symptoms, it’s essential that you seek urgent medical attention.
What Is Classed As A Traumatic Brain Injury?
A traumatic brain injury (TBI) is damage to the brain caused by a sudden external force. This could be a blow, a penetrating head injury, or a jolt that disrupts brain function. TBIs are often categorised into mild, moderate and severe injuries.
Is There Support Available For Families After A Head Or Brain Injury?
Yes, please see the following routes of support you could take after a head or brain injury:
- See the support available for carers from The Brain Charity
- Learn about the support for families from the Child Brain Injury Trust
To learn more about the different avenues of support, please contact our team today.
More Information
To discover more about claims for personal injury, please see some of our other guides:
- Get help with how to sue for a cycling accident
- Learn how to sue for a back injury at work
- See the following advice on how to sue a school
Additional external resources:
- Learn about head injuries and concussions from the NHS
- Get help with reporting a health and safety issue from the Health and Safety Executive
- See the following advice on statutory sick pay from Gov.UK
Thank you for reading our helpful guide on how to sue for a head/brain injury.