Head and brain injury compensation claim solicitors.
Head injuries are, rightly, treated seriously in all walks of life. Doctors have special protocols around head injuries; sporting activities have specific head injury regulations, and any injury to the head is always treated with extreme caution as the effects of an injury to the head can take days or even weeks to materialise.
MG Legal’s expert personal injury solicitors regularly handle cases involving head injuries and we are well versed in securing the best compensation for our clients.
What is a head injury?
Medically speaking, a “head injury” is any injury to the brain, skull or scalp.
From there, head injuries can have many definitions or characterisations. These can include:
• Haematoma (blood clot) on the brain
• Haemorrhage – also known as uncontrolled bleeding on the brain
• Concussion – when the brain hits the wall of the skull
• Oedema - swelling of the brain
• Skull fractures
• Diffuse axonal injury, where the brain is damaged without bleeding
There are, of course, less severe head injuries and so, rest assured, no matter the scale of your injury, MG Legal’s dedicated personal injury solicitors will ensure your injuries are properly assessed and included in your final award.
What types of incident cause Head Injuries?
There is no one major cause of head injuries. It is simply a fact of life that when incidents occur, head injuries are always possible simply because of the unexpected nature of the incident and that, like any other part of the body, the head is an extremity and so more likely to be thrown around or hit.
Potential causes of head injury that our personal injury specialists can help you make a claim for personal injury compensation, include:
• Hitting the interior of the vehicle, such as the steering wheel, or window, as a result
of a Road Traffic Accident;
• Motor cycling and bicycling road traffic accidents;
• Hitting your head on the floor during a slip, trip or fall in a Public Liability or
Employer’s Liability case;
• Being hit in the head in an accident at work when you have not been given
adequate Personal Protective (PPE) Equipment;
• Accidents in sports centres and gyms due to faulty equipment or poor induction
• Accidents in swimming pools, including slipping incidents and poorly marked
• Construction and building site accidents;
• Medical Negligence;
• Faulty or dilapidated premises including homes, businesses and public areas.
How is an award for personal injury calculated?
Doubtless at some time you have seen a newspaper story about an award for a severely injured person, perhaps with brain damage or a lost limb, receiving an award of several million pounds. We believe it is important to differentiate between the award for your personal injury itself and the associated losses.
Your award for your personal injury is also known as an award for “pain, suffering and loss of amenity”, routinely called General Damages. This is an award for the injury itself, the pain it causes and the effects on your life. The highest awards for General Damages tend to reach levels of around £400,000.00.
Where overall awards reach into the millions of pounds is the other aspect of damages, known as Special Damages. Special damages is the term for all financial losses claimed in any given case. So, usually, these will include medical expenses, lost earnings, and in more serious injuries, future care costs, adaptation costs and even expenses such as moving home (usually to a property without stairs or with room for specialised equipment) can come in.
So, when reading the below section, please bear in mind that the figures quoted for these injuries are purely the award for the injury and that each case being different, the total losses will be different too.
What awards are made for personal injury including head injuries?
Compensation for an injury to the head can vary dramatically. At the lowest lever of injury, you may have a minor cut or bruise, or even no actual physical signs of injury. At the other end of the scale, we have life-changing injuries to the neck and brain, leaving a person requiring 24 hour care, and completely unable to work again.
Whatever the extent of your injury, at MG Legal our first port of call is the Judicial Studies Board Guidelines (JSB), a regularly updated reference book containing guides for awards in certain brackets based on the type and scale of the injuries as detailed by the medical experts in your claim. You will find a copy of the JSB on the desk or in the briefcase of every solicitor, barrister and judge who deals with personal injury.
What we always tell our clients to remember is that the Judicial Studies Board Guidelines, are just that, 'guidelines'. At MG Legal, we know that each and every one of our clients is different, and that similar injuries can affect them and their lifestyle in completely different ways. The following figures for personal injury settlement, are taken from the 15th Editiion of the Judicial Studies Board Guidelines, and the figures stated are for the personal injury aspect of your claim, only- so do not include any claim for financial losses (special damages) that you may have suffered.
Very Severe Brain Damage – injuries where there is little or no ability to perform event basic functions such as opening the eyes and understanding speech - Awards range between £264,650 and £379,100;
Moderately Severe Brain Damage – injuries where there is severe disability requiring continuous professional care - Awards range between £205,580 and £264,650;
Moderate Brain Damage – where there is some degree of dependence on care. Higher awards will be for cases where sight, speech and senses are affected severely, lower awards will be for cases where there is some ability to work and the need for care is small - Awards range between £36,740 and £205,580;
Less Severe Brain Damage – where there is an ability to return to some normal social activities but some issues remain, such as memory function, poor concentration and mood inhibition - Awards range between £14,380 and £40,410;
Minor Brain or Head Injury – where brain damage is minimal or non-existent, symptoms may include headaches and the lowest end of the bracket will reflect injuries lasting only a few weeks - Awards range between £2,070 and £11,980;
Epilepsy – where an injury leads to epilepsy and Grand Mal seizures are a regular occurrence - Awards range between £95,710 and £140,870;
Epilepsy – where an injury leads to Petit Mal seizures and the degree to which medication successfully controls seizures - Awards range between £51,460 and £123,340;
Other epileptic conditions, where attacks are limited in frequency and of short duration - Awards range between £9,990 and £24,680.
How long have I got to make a head or brain injury compensation claim?
Subject to the Limitation Act 1980, if you have been injured as a result of somebody else's negligence, you have three years from the date of negligence, or the date you became aware of the negligence, to pursue a claim for personal injury. So, in most cases this will be immediately should it occur in an accident, or if the injury stems from medical negligence or industrial illness, if everything appears ok to start with and then you later find out about an issue later, your three years starts from the day you find out that your injuries or illness are as a result of the negligence of another person.
Minors, meaning those under 18 years old, have three years from their 18th birthday within which to make a personal injury claim.
If you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney, then time limits may again, differ, and we suggest that you make contact with one of our personal injury specialists so as not to be disappointed, in the event that your claim runs out of time, due to being statute blocked. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts, here…
Who pays my legal fees if I make a head of brain injury personal injury claim?
MG Legal’s expert head and brain injury personal injury claims solicitors believe that if access to justice should not entail up-front costs, legal jargon, and confusing conversations with fussy solicitors who don’t live in the real world. So, if you have suffered a personal injury as a result of someone else’s negligence, then you should not have to pay up front legal costs to get access to proper representation.
Why choose MG Legal for my head or brain injury personal injury compensation claim?
At MG Legal, each solicitor takes a personal interest in each case and we have a dedicated department dealing with personal injury claims occurring in medical negligence. If you like your legal advice to be clear, pro-active, and delivered when promised, then you'll like how we work at MG Legal.
If you are thinking of making a personal injury claim, it's always best to do your homework first. Have a read of our reviews, and get in touch if you have any questions or queries- you'll be glad you did, as we believe our advice is second to none, and our friendly team of experts would be more than happy to help you.
We believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work.