How Much Compensation Could I Receive For A Serious Brain Injury Claim?

By Cat Grayson. Last Updated 31st July 2024. This guide will explore the eligibility criteria for making a serious brain injury claim. As you go about your daily life, while on the roads, at work, or when out and about in public, very often there is a third party that will have a responsibility for your safety. This guide will look at when a person can make a personal injury claim after suffering brain damage due to one of those third parties neglecting their obligation in keeping you safe.

Additionally, this guide will not only examine the types of evidence you could use to support your serious brain injury claim, but it will also advise on how long you have to pursue your case. This guide will also discuss how a legal professional could assign value to your injury, including what damages you could claim for.

To conclude, we will outline the advantages of working with a legal professional on a No Win No Fee basis, should you have an eligible case and want representation for expert advice. Contact our team of advisors now to find out if you can make a serious brain injury claim.

You can get in touch with us by:

  • Calling us on 020 3870 4868
  • Completing our form to claim online
  • Chatting with us using the live chat function on our website

Medical professionals looking at CT scans of a brain.

Select A Section

  1. Potential Serious Brain Injury Claim Payouts
  2. Check If You Are Eligible To Make A Serious Brain Injury Claim
  3. Understanding Time Limits For Serious Injury Claims
  4. What Evidence Could Help To Support Serious Injury Claims?
  5. Check And See How A No Win No Fee Solicitor Could Help You

Potential Serious Brain Injury Claim Payouts

If you make a successful serious brain injury claim, your settlement could consist of up to two heads of claim. The first is called general damages, and this covers pain, suffering, and impact on your quality of life you’ve endured because of negligence.

The Judicial College Guidelines (JCG) can help with calculating general damages. This document comprises guideline valuation brackets for different injuries. Also, your medical reports will be used.

Although we cannot guarantee the level of compensation you could receive due to the uniqueness of every case, below you can find a table of guidance figures extracted from the JCG.

Compensation Table

InjurySeverityCompensation
Severe Brain Injury With Other Injuries Plus Special DamagesSevereUp to £1,000,000+
ParalysisTetraplegia£396,140 to £493,000
Paraplegia£267,340 to £346,890
Brain DamageVery Severe£344,150 to £493,000
Moderately Severe£267,340 to £344,150
Moderate (i)£183,190 to £267,340
Moderate (ii)£110,720 to £183,190
Moderate (iii)£52,550 to £110,720

Special Damages

The second kind of compensation you could receive is special damages. This compensates you for any reasonable losses you’ve incurred due to your injury. To ensure that such losses are fully compensated for, you should keep any evidence of them.

This can include:

  • Receipts
  • Payslips
  • Invoices

Contact our team of advisors now to find out if a solicitor from our panel could help with your serious brain injury claim.

Check If You Are Eligible To Make A Serious Brain Injury Claim

To make a personal injury claim for a serious brain injury, you must satisfy the eligibility criteria for negligence established in the law of tort. To do this, you need to be able to show that:

  • A duty of care was owed to you
  • A breach of this duty occurred
  • This breach caused you to suffer an injury

Below we establish the duty of care owed to you in different places.

A Serious Injury Public Accident Claim

Under the Occupiers’ Liability Act 1957, the party in control of a piece of land or business premises must take such care to ensure your reasonable safety in using the land for the purpose you’re permitted on it. Failure to abide by this duty of care could make an occupier liable if you suffer an injury due to their breach.

A Serious Injury Work-Related Accident Claim

The duty of care owed to you while at work can be found in the Health and Safety at Work etc. Act 1974. Your employer must take all reasonable steps to keep you safe and prevent work-related injuries. If your employer breached this duty of care and you suffer an injury as a consequence, you could be eligible to make a personal injury claim following the workplace accident.

Serious Injury Road Traffic Accident Claims

On the roads, all road users, including drivers, cyclists, motorbike riders and pedestrians all owe one another a duty of care, and need to prevent causing harm to others.

To abide by this duty, road users need to follow the  Road Traffic Act 1988 and the Highway Code. Should a driver breach their duty of care, a road traffic accident could result that causes others to be injured.

Contact one of our advisors now to discuss the details of your personal injury claim and see if you’re eligible to work with a solicitor from our panel.

Understanding Time Limits for Serious Injury Claims

In addition to satisfying the eligibility requirements outlined above, you must adhere to the time limits set out in the Limitation Act 1980 to make a serious brain injury claim. Generally, you have three years to begin your personal injury claim from the accident.

There are exceptions to the general rule, such as in cases where someone under 18 is injured. In such scenarios, a litigation friend could be appointed to claim for them by the courts, as minors cannot pursue a personal injury claim. Alternatively, the claimant could wait for their 18th birthday to act for themselves, and they would then have three years to begin a personal injury claim from this date.

Those who lack mental capacity to pursue their own claim do not need to comply with any time limits unless they make enough recovery to pursue their own claim, in which case the 3-year time limit would begin from that date. In the meantime, a litigation friend can be appointed to claim on their behalf.

Contact our team of advisors today if you want to learn more about your case’s time limit and validity.

What Evidence Could Help To Support Serious Injury Claims?

To support your serious brain injury claim, you should consider the types of evidence you could provide. Evidence is very useful, as it can be used to prove liability and causation.

You may want to gather evidence like:

A solicitor from our panel could help you build an evidence portfolio as part of their service if you have an eligible claim. Contact one of our advisors now for a free case assessment.

Check And See How A No Win No Fee Solicitor Could Help You

So, why should you make a serious brain injury claim with the help of a No Win No Fee solicitor?

You aren’t obligated to work with a legal expert on your case. However, we always recommend it. This is because of the many benefits that can come with working with a legal expert.

For example, solicitors need to undergo years of training before they can qualify, which means they are very familiar with the brain injury claims process. They can use this knowledge to guide you through the process of claiming and help you:

  • Negotiate the settlement that you deserve.
  • Understand complex legal terms and jargon.
  • Communicate with the courts and the defendant.
  • Prepare for court, if this is necessary.

Our panel of No Win No Fee solicitors can help with all of the steps mentioned above and more, and can do it under a Conditional Fee Agreement (CFA). Working under this kind of contract means that you don’t pay for their work:

  • Upfront.
  • During your claim.
  • At all, if your claim fails.

If it succeeds, then you’ll pay a success fee. This is taken from your compensation as a percentage which is limited by law.

Contact Us

Our helpful team of advisors are on hand if you’re ready to learn more. They can evaluate your claim for free, and could potentially help you get in touch with a solicitor from our panel. Get started today by:

Learn More About Claiming For A Serious Injury

We hope this guide has answered your questions about a serious brain injury claim. You can check out more helpful guides from us here:

For some external resources, please look below: