Head Injury Claims – How Much Compensation Am I Eligible To Claim?

Suffering a head injury can turn your life upside down. Whether it is a minor concussion or a serious brain injury, the impact can affect your health, work, family, and finances. If the injury happened because of someone else’s negligence, you could be entitled to claim compensation.

In this guide, we explain in simple terms how head injury claims work, how much compensation you may receive, what factors affect the payout, and how long the process takes. The aim is to give you clarity so that you understand your rights and what to expect.

Table of Contents

Am I Eligible To Make A Head Injury Claim?

Before you start a claim, you must show that three things apply:

Duty of care – the other party owed you a legal duty of care.
- For example, your employer must keep the workplace safe under the Health and Safety at Work Act 1974.
- Road users must drive safely under the Road Traffic Act 1988 and the Highway Code.
- Landowners and businesses must keep premises safe under the Occupiers’ Liability Act 1957.
Breach of duty – the other party failed in their duty. This could be poor health and safety at work, dangerous driving, or not fixing a hazard in a public place.
Injury caused – you suffered a head injury directly as a result of that negligence.

If these apply, you could be eligible to claim. Do not worry if you are unsure about duty of care – that is something a legal professional can assess for you.

Can You Claim If You Were Partly At Fault?

Yes, you may still be able to claim even if you were partly responsible. This is called contributory negligence.

For example:

If a worker is hit by falling objects at a construction site, the employer may be at fault for unsafe practices. But if the worker was not wearing the required helmet, they may share some responsibility.

In such cases, compensation is reduced by the percentage of fault. If you were 25% responsible, your payout would be reduced by 25%.

Common Causes of Head Injury Claims

Head injuries can happen in many ways. Some common examples include:

Road traffic accidents, such as collisions involving cars, cyclists, or pedestrians.
Slips, trips, and falls in public places due to uneven pavements or spillages.
Workplace accidents, including falling objects, machinery accidents, or falls from height.
Sports or recreational activities where safety measures were ignored.
Assaults or violent incidents in the workplace or public areas.

Even if your accident does not fall into these categories, you may still be able to claim if negligence was involved.

Types of Head Injuries You Can Claim For

Head injuries range from minor to very severe. Some examples include:

Concussions – often mild but can have lasting effects like headaches, dizziness, and fatigue.
Fractured skulls – more serious injuries that may need surgery.
Cuts and bruises – visible injuries that can still cause pain and scarring.
Brain damage – ranging from mild memory loss to severe disability needing lifelong care.
Lacerations and scars – which can also cause cosmetic or psychological damage.

It is important to note that symptoms do not always appear straight away. Some people only realise the seriousness of a head injury days or weeks later.

How Much Compensation Could You Receive?

The amount of compensation for a head injury depends on:

The severity of the injury.
The impact on your daily life and ability to work.
The financial losses you have suffered or will face in the future.

Compensation is usually split into two types:

General damages – for the pain, suffering, and impact on your quality of life.
Special damages – for financial losses, such as medical bills, travel costs, lost income, care expenses, or home adaptations.

Compensation Guidelines

The following figures are based on the Judicial College Guidelines. They provide estimates for different levels of head injuries:

Severity	Compensation Range	Notes
Very Severe Brain Damage	£344,150 – £493,000	Little meaningful response to environment, needing 24-hour care.
Moderately Severe	£267,640 – £344,150	Serious disability with dependence on others.
Moderate (i)	£183,190 – £267,340	Severe memory and concentration problems, risk of epilepsy, unable to work.
Moderate (ii)	£110,720 – £183,190	Some intellectual deficit, employment prospects reduced.
Moderate (iii)	£52,550 – £110,720	Reduced memory, concentration, small epilepsy risk, some work possible.
Less Severe	£18,700 – £52,550	Good recovery but some lasting issues like mood or memory problems.
Minor	£2,690 – £15,580	Symptoms resolve within a couple of years.

Important: These are only guidelines. Actual payouts depend on your specific case and any financial losses you can prove.

What Can Be Included in a Claim?

Apart from the injury itself, you can also claim for:

Loss of earnings if you cannot work or your future career is affected.
Medical expenses, including private treatment and therapy.
Travel costs for hospital visits and rehabilitation.
Care costs if you need help from a carer or family member.
Home or vehicle adaptations if you are left disabled.
Psychological effects such as anxiety, depression, or PTSD.

In some cases, these additional costs can be higher than the injury damages, especially for severe brain injuries.

Evidence to Support Your Claim

To make a strong claim, you need evidence to show both negligence and the impact of your injury. Useful evidence includes:

Medical records from hospitals or GPs.
CCTV or dashcam footage of the accident.
Accident reports from employers or public places.
Photographs of your injuries and the accident scene.
Witness statements to confirm what happened.
Employment records showing time off work.
Receipts and invoices for expenses such as travel, medication, or care.
Personal diary noting how your injury affects your daily life.

Time Limits for Making a Claim

In most cases, you have three years to start a personal injury claim under the Limitation Act 1980. The three years usually start:

From the date of the accident; or
From the date you became aware of your injury (for example, if brain damage was diagnosed later).

Exceptions:

If the injured person is under 18, the three years start from their 18th birthday. A parent or guardian can claim earlier on their behalf.
If the injured person does not have mental capacity, there is no time limit. A litigation friend can make the claim at any time.

Can You Claim on Behalf of Someone Else?

Yes. If a loved one is too badly injured to claim for themselves, you can act as their litigation friend. This means you make decisions in the claim process on their behalf. Parents can also act as litigation friends for children.

How Long Does a Head Injury Claim Take?

The time it takes to settle depends on:

The severity of your injury.
How long it takes to understand your medical prognosis.
Whether the other side admits fault.
The amount of evidence available.

Straightforward claims may take a few months. Complex cases involving serious brain injuries and long-term care can take years, especially if future needs must be fully assessed before settling.

Final Thoughts

Head injury claims can be life-changing. The right compensation can help you manage recovery, cover your expenses, and secure your future.

The amount you may receive depends on how serious your injury is and the impact it has on your life. While guidelines can give you an idea, every case is different. Collecting strong evidence and seeking proper advice will give you the best chance of receiving fair compensation.