As head injuries can vary greatly in severity, so too can the amount of compensation you could receive. No online compensation calculator is ever going to be able to adequately value your claim.
The following figures are from taken from the 13th Edition of the Judicial College Guidelines. The Judicial College Guidelines are produced by top lawyers and Judges and provide guidance as to what compensation a personal injury client should receive. As the brackets below are wide, in order to value the injury element of a personal injury claim, a personal injury solicitor should perform legal research in order to see what courts usually value a claim at.
Very Severe Brain Damage
- Cases where there has been a significant effect on the senses and severe physical limitation. Little, if any, evidence of meaningful response to stimuli. The need for full-time nursing care.
- The court will consider the degree of understanding the victim has, their life expectancy, and the extent of physical limitation.
- £235,790 to £337,700
Moderately Severe Brain Damage
- Cases of very severe disability with the need for constant care and substantial dependence upon others. There may be physical disabilities, such as limb paralysis, and a possible, marked impairment of intellect and personality. Life expectancy may have been greatly reduced.
- The court will consider the degree of understanding victim has, their life expectancy, the extent of physical limitation, their degree of dependence upon others, their ability to communicate, any behavioural abnormality, and the extent, or the risk, of epilepsy.
- £183,150 to £235,790
Moderate Brain Damage (upper tier)
- Cases of moderate to severe intellectual deficit and/or personality change. An effect on sight, speech, and senses. A significant risk of epilepsy and no prospect of employment.
- £125,510 to £183,150
Moderate Brain Damage (middle tier)
- Cases of moderate to modest intellectual deficit. The ability to work greatly reduced or removed completely and some risk of epilepsy.
- £75,900 to £125,510
Moderate Brain Damage (lower tier)
- Cases where concentration and memory are affected. A reduction in the ability to work. Very limited dependency on others and a small risk of epilepsy.
- £36,000 to £75,900
Less Severe Brain Damage
- Cases where a good recovery has been achieved with a return to normal social and work life. Includes the potential for some ongoing impairment such as poor concentration, memory or mood problems. For cases at the high end of this bracket there is a potential small risk of epilepsy.
- The court will consider the severity of the initial injury, any permanent disability (or the chance of it), any personality change and its extent, and any depression.
- £12,820 to £35,970
Minor brain or head injury
- Cases of minimal brain damage (if any).
- The court will consider the severity of the initial injury, the recovery time, any continuing symptoms, and whether the victim has suffered from any headaches.
- £1,840 to £10,670
To put these numbers in perspective, the awards for neck injuries, for example, range from a few hundred pounds to around £124,030 at their very maximum. And that upper figure is for people who will be permanently restricted to little or no mobility in their neck.
When you claim for an injury, you are claiming for the pain and suffering that an injury has caused. You also can claim for ‘loss of amenity’ – essentially, the things your injury has prevented you from doing, affecting the enjoyment of your normal life. The claim for pain, suffering and loss of amenity is normally the main element of any personal injury claim.
However, other losses, which have arisen from the accident and injury, can also be claimed. These could include:
- Travel expenses – to attend your GP or hospital, for example.
- Medical expenses and treatment costs – such as painkillers or rehabilitation treatment.
- Care and assistance – especially where a severe head injury might restrict your abilities, requiring extensive care and help with your daily life.
- Loss of earnings – for lost wages or bonuses, missed in the time you spent away from work.
For more information on what you can include in a claim, download our free Personal Injury Compensation Guide.
All of these out-of-pocket losses should be compiled in a Schedule of Loss. Particularly in cases of brain or head injury a very detailed Schedule of Loss ought to be produced by the Claimant’s Solicitors. An example Schedule of Loss can be found in our free legal library.