How To Sue For A Concussion

Welcome to our guide on how to sue for a concussion. Have you been in an accident that was caused by someone else’s negligence? Did you suffer an injury because of it? Are you dealing with the consequences of someone else’s breach of duty of care towards you? If so, our guide could help. We’ll look at how you could make a personal injury claim and get the compensation you deserve. 

How to sue for a concussion
How To Sue For A Concussion Claims Guide

Being injured in an accident caused by the negligence of a third party can be overwhelming. You may not be sure whether you have the right to claim compensation. Similarly, you might be unsure about how to get the claims process started. If so, our guide could help. 

If you still have questions after reading our guide, we are here to help. Our advisors are available 24/7 to provide you with free legal advice on any questions you might have. Additionally, if you’re ready to start your claim, our advisors can connect you with a personal injury claim lawyer from our panel.  

For more information, call us on 0800 408 7827. Otherwise, continue reading for further details on making a claim. 

About Suing For A Concussion

  1. A Guide On How to Sue For A Concussion
  2. What Is A Lawsuit For A Concussion Injury?
  3. What Damages Could I Claim Compensation For?
  4. Who Could I Sue If I Suffered A Head Injury?
  5. What Evidence Do I Need To Sue For A Concussion Or Head Injury?
  6. How Do I Check I Have A Concussion And Do I Need Medical Evidence?
  7. Working Out How Much You Could Sue For If You Have A Concussion
  8. Negotiating And Accepting An Offer To Settle Your Case
  9. Do I Have To Claim Through A Solicitor?
  10. How To Sue For A Concussion With A No Win No Fee Solicitor
  11. Ask Our Team If You Could Sue For A Concussion, Head Or Brain Injury
  12. Get Free Advice About Your Case
  13. FAQs On How To Sue For A Concussion
  14. Resources

A Guide On How to Sue For A Concussion

Did you suffer a blow to the head in a car accident that was caused by the negligence of a third party? Or perhaps you suffered a slip, trip or fall in your workplace as a result of a breach of duty of care? Maybe a cycling accident caused a head injury. If you have proof that your concussion was caused by a third party who owed you a duty of care acting negligently then you could be eligible to make a personal injury claim. 

Our guide will be taking a detailed look at the process of claiming for head injuries sustained in various types of accidents. We’ll be looking at the duty of care you’re owed in public, at work and on the road. We will also look at how a third party can be liable for an accident causing a concussion. 

Additionally, we’ll look at the compensation you can claim. Our guide will examine the two heads of claim that a typical compensation settlement could consist of. We will look at how these heads of claim are calculated and what can be included in each of them.  

Furthermore, we’ll look at how a solicitor could benefit you as well as claiming with a solicitor on a No Win No Fee basis. We will conclude by answering some commonly asked questions about this kind of claim. 

If you or someone you know has suffered a severe head injury because of someone else’s negligence, you don’t need to wait to start a claim. Generally, you have three years from the date of the accident to claim. However, there are exceptions. For more information on time limitations, contact our team, and they’ll be happy to provide further details.

What Is A Lawsuit For A Concussion Injury?

Concussion injuries can occur in various kinds of accidents. These include workplace accident, road accidents and accidents in a public place.

Injuries to the head can vary in severity. The NHS advises seeking medical attention if you experience the following symptoms after a head injury. They could be the sign of a concussion injury:

  • Headache
  • Dizziness
  • Nausea and vomiting 
  • Memory loss
  • Confusion
  • Changes in behaviour 
  • Visual disturbance 

 Post-concussion syndrome can lead to lethargy, inability to work, or difficulty looking after yourself in the long term. 

There are many ways an accident resulting from negligence could cause a head injury. For example, your employer may not provide you with a hard hat to wear on a building site, resulting in something falling on you. Alternatively, you may be involved in a car accident caused by a third party in which causes a brain injury. 

You should always seek medical advice if you’ve suffered any injuries following an accident. Not only will this ensure you get the treatment you need, but it will also provide evidence for a potential future claim. For more information on what compensation you could claim, see below. 

What Damages Could I Claim Compensation For?

RIDDOR recorded 3,287 non-fatal head injuries in 2019-2020.  However, these figures don’t take into consideration whether the cause of the injury was negligence. 

Head injuries can vary in the symptoms they cause. For example, you could suffer a blow to the head which causes unconsciousness. Or you could experience balance problems. You could also suffer a long term symptom of speech impairment due to the damage caused by a traumatic brain injury.

If you make a successful personal injury claim you can claim up to two types of damages. You can claim compensation for the physical and emotional suffering under general damages. General damages are the part of your claim that compensates you for the impact your injury has had on your quality of life. 

The general damages that your claim attracts will be dependant on the type and severity of your injury. They will be calculated using the help of the Judicial College guidelines. This is a publication containing guideline compensation amounts for a variety of different injuries. 

Special damages are the part of your claim that compensates you for any out-of-pocket expenses you’ve incurred as a direct result of your injuries. Things like loss of earnings, cost of treatment and transport costs may all be able to be included in the special damages head of your claim. Special damages can only be claimed back if you have evidence of your losses, so it’s important that you keep hold of any documentation.

Can I sue for a concussion if I was at fault?

You may be wondering “can I claim compensation if I was at fault for the accident?”. In some cases, you may still be able to claim even if you were partly to blame for your injuries. For example, if you were in a road traffic accident and did not wear your seatbelt, you could be said to have contributed to your injuries even if you did not cause the accident. In these cases, the compensation you receive would be reduced accordingly.

See our table below to give you a better idea of how much you could claim when you sue for a concussion. Alternatively, give our claims team a call for a valuation of your claim.

Who Could I Sue If I Suffered A Head Injury?

Whether you’re at work, in public or on the road, there are responsibilities on the part of others to keep you safe. For example, the Health and Safety at Work etc. Act 1974 outlines the duty of care that your employer has towards you while you’re working. The Occupiers Liability Act 1957 sets out the duty of care that those in control of public spaces owe to those that visit them. And the Highway Code covers the duty of care that all road users owe to one another. 

The duty of care owed can vary depending on where you are. After all, a driver won’t be expected to carry out the same steps as a shopkeeper in ensuring the safety of others.  Generally, though, the person with a duty of care should ensure they take all reasonably practicable steps to prevent others from being hurt and to prevent road traffic accidents. Examples might include:

  • The owner of a shop keeping the shop floor clean and tidy to avoid a customer having a slip, trip or fall and injuring their head.
  • Employers providing the correct equipment to employees, such as hard hats if working on a building site, to prevent head injury.
  • Road users acting in accordance with the guidance set out in the Highway Code, such as abiding by the speed limit and keeping concentration on the road. 

Furthermore, those in control of workplaces and public places should carry out regular risk assessments to identify hazards. These hazards can then be removed or reduced. 

In order to claim compensation for an accident in which you were injured, you need to show that someone else’s negligence caused your accident and subsequent injuries. To support your claim and improve your chances of getting the compensation you deserve, you should provide evidence. Read on to find out more about the kind of evidence you need to make a claim for concussion. 

What Evidence Do I Need To Sue For A Concussion Or Head Injury?

Evidence can be vital in proving your claim is valid. For example, you’ll need to be able to prove that your accident happened by providing evidence such as:

  • CCTV or dashcam footage/footage from traffic cameras
  • Photographs of the accident and cause of the accident
  • Witness details
  • Police reports, if applicable
  • Records of the accident in an accident book at work or a public place  

Additionally, you may require further evidence if you have any financial losses to claim for. This might include payslips to prove any loss of earnings and receipts to show any medical or other expenses. 

Further evidence may be required for proving the extent of the injuries you have sustained and how they affected your quality of life. For more information on medical evidence required, see our section below. 

How Do I Check I Have A Concussion And Do I Need Medical Evidence?

If you have any concussion injury symptoms after suffering a blow to the head, you should seek immediate medical advice. Any injury to the head caused by an accident should be looked at by a medical professional. This can help prevent any complications and ensure you receive the proper treatment to prevent your condition from worsening. 

Additionally, a personal injury solicitor may use any medical reports from doctor and hospital visits to value your claim. If your injury happened a while ago, solicitors would use medical records to provide evidence as to how severe the injury was at the time. 

Furthermore, you will usually be invited to a medical assessment. Here, an independent expert will examine your injuries and the impact they have had on your quality of life. Their findings will be compiled in a medical report which will be referred to when your claim is valued. 

As we have already mentioned, evidence is vital to the special damages head of your claim. It’s important that you keep any bills, receipts and invoices associated with special damages. 

Working Out How Much You Could Sue For If You Have A Concussion

Compensation amounts can vary depending on a number of factors, including how severe the concussion is. Although it’s possible to use a personal injury compensation calculator to value your claim, we’ve chosen to illustrate possible claim values in the table below. We’ve taken the figures from the Judicial College guidelines (JCG). 

The figures are a guide only and can vary.  The lawyer handling your claim may use the JCG and the medical assessment you undergo to value the general damages head of your claim. Special damages are not included in this table and are worked out separately. 

InjurySeverityAverage CompensationComments
Brain DamageVery Severe£264,650 to £379,100This brackets takes into consideration the amount of care the claimant will need, whether they have any ability to communicate or follow basic demands.
Brain DamageModerately Severe£205,580 to £264,650The injured person will need a substantial amount of care. They will be almost entirely dependent on others. Disabilities can be physical or cognitive.
Brain DamageModerate£40,410 to £85,150Memory and concentration issues will qualify for an award in this bracket.
Brain DamageLess Severe£14,380 to £40,410A good recovery will have or should be made. The prognosis is good. A return to work and normal social life will be possible. However there may be problems with mood changes and memory.
Brain or Head InjuryMinor £2,070 to £11,980Brain injury will be minimum if any at all.
EpilepsyEstablished Grand Mal£95,710 to £140,870Established Grand Mal
EpilepsyEstablished Petit Mal£51,460 to £123,340Established Petit Mal

For more information on how much compensation you could be owed when you sue for a concussion, give our team a call. 

Negotiating And Accepting An Offer To Settle Your Case

The process of making a personal injury claim involves negotiating with the defendant to get an offer of compensation you’re satisfied with. If you’re unsure when you should take an offer, a solicitor could advise on the best course of action to take.

However, it’s important to note that you don’t need to accept the first offer you receive. Instead, you can make a counteroffer. If neither party can reach an agreement, then further negotiations and evidence may be required to get the defendant to change their position. If no agreement can be reached, the case may go to trial. 

Do I Have To Claim Through A Solicitor?

Although you don’t have to go through a solicitor to claim, it can be beneficial to have a solicitor represent you. They can provide expert advice based on their experience handling similar concussion injury claims. 

However, many people may be put off claiming with a solicitor because of the costs that are typically associated with legal representation. If you would like to know more about how a No Win No Fee agreement could help with this, read on to our next section.  

How To Sue For A Concussion With A No Win No Fee Solicitor

Our advisors can connect you with a solicitor who can represent you on a No Win No Fee basis. Many of us are familiar with the phrase “No Win No Fee”. But what does it actually mean? 

A No Win No Fee agreement, sometimes referred to as a Conditional Fee Agreement (CFA), means that if your solicitor doesn’t win, you won’t pay them any fees. You also won’t be asked to pay them anything while the claim is ongoing or before it begins. 

If you do win your claim, their costs will be covered by the deduction of a success fee from your compensation settlement. This is a small, legally capped percentage of your compensation that is agreed upon before your claim begins.

If you would like to find out more about how our team could connect you with a No Win No Fee lawyer from our panel, get in touch with them today. 

Ask Our Team If You Could Sue For A Concussion, Head Or Brain Injury

We understand how overwhelmed you might be feeling after suffering an injury. You may still have questions about topics that we have covered in this guide, or perhaps you want to start your claim today. Our team of advisors can provide you with further clarification on how to sue someone who acted negligently causing a concussion injury. 

Once they have more information about your accident, they can provide an estimate of how much compensation you could be owed. They can also assess whether you have a valid claim based on the information you give. If your claim does have a good chance of success, you could be connected with a personal injury lawyer from our panel.  

For more information on how you can contact us for free legal advice, see below for our details. 

Get Free Advice About Your Case

Although we’ve tried to cover as much as possible in our guide, we understand you may still have questions. If so, our advisors can provide further clarification on anything you have read about in this guide. Once you have the information you need, our advisors may be able to connect you with a lawyer from our panel.

If you’re ready to start your claim, they can get you started on the next steps you need to take. For more information on how to sue for a concussion, or to start your claim today, contact us on the following:

  •     Telephone number – 0800 408 7827
  •     Live chat at the bottom of the page
  •     Send us an enquiry, and we’ll get back to you at your specified time

FAQs On How To Sue For A Concussion

Could I claim on behalf of a child?

Yes, you can act as a litigation friend for anyone who is injured as the result of negligence while under the age of 18. The three-year time limit is then suspended until their 18th birthday. At this point, if someone has not claimed for them, they have 3 years to claim on their own behalf. 

What is the average payout for head injury?

The compensation amounts you can claim for a head injury can vary depending on the severity of the injury. Special damages will also affect the amount of compensation owed to you. 

Will my claim need to go to court?

If there is a dispute over liability that cannot be resolved, a claim may go to court. Similarly, a claim might go to court if both parties are unable to agree on a settlement amount. 

Will I need to meet the solicitor in person?

There’s no requirement for you to choose a solicitor in your area to represent you in your claim. Our panel of lawyers will usually be able to arrange for a medical assessment in your local area. 

Resources

See the government website for more information on health and safety in the workplace.

For information on NHS service near you, see the NHS website.

If you’re interested in accident prevention, see the Royal Society for the Prevention of Accidents.

Did you suffer a slip, trip or fall that caused your head injury? If so, our guide could provide more information.

Our guide on suing your employer could provide more general information on workplace accidents.

For more information on claiming for a nose fracture caused by a road traffic accident, see our guide.

Thank you for reading our guide on how to sue for a concussion.