Many factors are taken into account when valuing a personal injury claim. With brain injuries, compensation awards are greatly affected by the extent of any long-term effects or the impairment caused by the injury.
The following figures are from taken from the 13th Edition of the Judicial College Guidelines. Judges use these guidelines when considering what amount of compensation would be reasonable in a case. Even if a judge never becomes involved in the case, solicitors also use the guidelines to assist with valuing personal injuries.
| Injury | Description and Factors Considered | Compensation |
|---|---|---|
| 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 |
