How to Make a Personal Injury Claim for Concussion or Post-Concussion Syndrome in the UK

Head injuries, particularly concussions and post-concussion syndrome (PCS), can significantly affect a person’s quality of life. While many concussions resolve within a few weeks, a substantial number of people continue to experience debilitating symptoms for months or even years. This extended suffering can hinder day-to-day activities and work, creating financial burdens. 

In the UK, if your concussion or PCS was caused by another person’s negligence, you have the right to pursue compensation through a personal injury claim. This article guides you through the process of making such a claim, from understanding the symptoms and causes to navigating the legal requirements for compensation.

What Is a Concussion?

A concussion is a mild traumatic brain injury (TBI) that typically results from a blow to the head or rapid movement of the brain within the skull. This can occur through direct contact, like hitting your head during a fall, or indirectly, as happens in a car crash when the head jolts forward. Despite being labelled as ‘mild,’ concussions can lead to long-term complications, especially if untreated.

Symptoms of concussion may include:

  • Headaches
  • Dizziness
  • Confusion
  • Sensitivity to light or noise
  • Nausea
  • Problems with memory or concentration
  • Mood swings
  • Blurred vision

These symptoms typically subside within a few weeks, but in some cases, people develop post-concussion syndrome (PCS), where symptoms persist for months or even years after the injury.

Causes of Concussion and Post-Concussion Syndrome

Concussions can happen in a variety of situations. Common causes include:

  1. Road Traffic Accidents: Pedestrians, cyclists, motorcyclists, and car occupants are at risk of sustaining head injuries during serious collisions.
  2. Slips, Trips, and Falls: Head injuries can occur if someone trips on uneven surfaces or slips due to poor maintenance in public or private places.
  3. Workplace Accidents: Industries like construction or farming carry a heightened risk of head trauma from falls or being struck by objects.
  4. Sports Injuries: Contact sports like football, rugby, and boxing can frequently cause concussions.
  5. Assaults: Violent attacks, either random or targeted, can result in head trauma.
  6. Animal Accidents: Horseback riding accidents or dog attacks can lead to concussions.

In some cases, concussions can result from sudden acceleration or deceleration without direct head contact. For example, in a car crash, the rapid movement of the brain inside the skull can cause a concussion even without hitting your head on anything.

Legal Grounds for Making a Claim

To make a successful personal injury claim for a concussion or PCS in the UK, you must establish that another party’s negligence caused your injury. The legal basis for a personal injury claim is negligence, which is typically established by proving the following elements:

  1. Duty of Care: The defendant owed you a duty of care. For example, drivers have a duty to other road users, and employers owe a duty of care to employees.
  2. Breach of Duty: The defendant breached this duty. For example, a driver running a red light or an employer failing to provide safety equipment.
  3. Causation: The breach of duty directly caused your injury. You must prove that the negligence caused your concussion or PCS.
  4. Damages: You suffered harm (physical, emotional, or financial) as a result of the breach.

Once these elements are proven, you can proceed with a personal injury claim.

Steps to Take After Sustaining a Concussion

If you believe you have suffered a concussion due to someone else’s negligence, it’s important to take the following steps to support your claim:

1. Seek Medical Attention

Your first priority should always be to seek medical help. A healthcare professional will assess the severity of your concussion and monitor for any signs of more serious complications, such as internal bleeding or skull fractures. This also creates an official record of your injury, which will be important evidence in your claim.

2. Report the Incident

Whether the injury occurred at work, on the road, or in a public place, make sure to report it. In workplace injuries, for example, this means notifying your employer and ensuring the incident is logged in an accident book. If your injury resulted from a road traffic accident, report the incident to the police and obtain a report.

3. Gather Evidence

Start collecting any available evidence that supports your claim. This could include:

  • Photographs or videos of the accident scene
  • Contact details of any witnesses
  • A copy of the police report (if applicable)
  • Medical records and treatment plans
  • Documentation of your financial losses, such as medical expenses, loss of earnings, and travel costs.

4. Get Legal Advice

It is advisable to consult a personal injury solicitor as soon as possible. Legal experts can help assess the merits of your claim, gather further evidence, and ensure that the correct legal process is followed.

Post-Concussion Syndrome (PCS)

For some people, the symptoms of concussion do not resolve within the typical timeframe and instead continue for months or even years. This condition is referred to as post-concussion syndrome (PCS) and can significantly disrupt daily life. Common symptoms include:

  • Persistent headaches
  • Drowsiness or fatigue
  • Memory problems
  • Difficulty concentrating (brain fog)
  • Depression and anxiety
  • Irritability and mood swings
  • Sensitivity to light and noise
  • Tinnitus (ringing in the ears)

If your concussion symptoms last for more than a few months, you should consult a neurologist for a diagnosis of PCS. This diagnosis will be important for your personal injury claim as it provides medical validation of your long-term suffering.

Types of Compensation Available

In a personal injury claim, compensation is divided into two categories: general damages and special damages.

1. General Damages

This is compensation for the pain, suffering, and loss of amenity you have experienced as a result of your concussion or PCS. The amount awarded under general damages depends on the severity of your injury and how it affects your quality of life. Factors that may influence the amount of general damages include:

  • The duration of your symptoms
  • The severity of the symptoms (e.g., frequent headaches vs. debilitating memory problems)
  • Impact on daily activities and work

2. Special Damages

Special damages compensate you for any financial losses incurred as a direct result of your injury. This could include:

  • Loss of Earnings: If you were unable to work due to your injury, you can claim for the income you lost.
  • Medical Expenses: Costs for treatment, such as physiotherapy, consultations with neurologists, or prescriptions, can be claimed.
  • Travel Expenses: Any costs you incurred travelling to and from medical appointments.
  • Care and Assistance: If you required additional help at home due to your injury, the costs of this can be recovered.

How Compensation is Calculated

In the UK, compensation for personal injury claims is typically calculated based on the Judicial College Guidelines. These guidelines provide brackets for compensation based on the type and severity of the injury. Below is an overview of potential compensation ranges for brain and head injuries, including concussions and PCS:

  • Minor brain or head injury: £2,690 to £15,580
  • Less severe brain damage: £18,700 to £52,550
  • Moderate brain damage: £52,550 to £267,340
  • Moderately severe brain damage: £267,340 to £344,150
  • Very severe brain damage: £344,150 to £493,000

As these brackets show, the compensation amounts can vary widely depending on the severity of the injury and its long-term impact on your life.

Time Limits for Making a Claim

In the UK, you generally have three years from the date of the accident to make a personal injury claim. However, in some cases, this time limit may be extended. For example, if the injured person was under 18 at the time of the accident, they have three years from their 18th birthday to make a claim. Additionally, in cases of brain injury where the injured person lacks the mental capacity to make a claim, the three-year limit may not apply until they regain capacity.

Final Thoughts: Working with a Solicitor

Personal injury claims for concussion and PCS can be complex, particularly when the long-term effects are difficult to quantify. Working with an experienced solicitor is essential for ensuring you receive the compensation you deserve. Your solicitor will guide you through each step of the process, from gathering evidence to negotiating settlements or pursuing court action if necessary.

The sooner you seek legal advice, the stronger your case is likely to be. In many cases, claimants can settle their claims without the need for lengthy court proceedings, but your solicitor will be able to advise you on the best course of action based on your specific circumstances.

If you have suffered a concussion or post-concussion syndrome due to someone else’s negligence, there are legal avenues to pursue compensation for your pain, suffering, and financial losses. By taking the appropriate steps after your injury and working with an experienced personal injury solicitor, you can ensure that your rights are protected and that you receive the compensation you deserve.

Leave a Reply

Your email address will not be published. Required fields are marked *