Head Injury – How Much?

August 16, 2017

Head Injury – How Much?

head injury after a personal injury accident

A head injury is an often over looked injury in a personal injury claim. Most people think that if it is not visual and there is no blood then it is not worth claiming. However, sadly it is well documented that a head injury can have a massive life changing effect on the injured person resulting in a change in personality or a loss of smell, taste, hearing or even sight.

It is very important to note down anything that feels different after a personal injury. Do not dismiss it as not important. Early treatment and notification can make a massive difference not only in your claim but more importantly in your recovery.

Head Injury £3,000 – £30,000
This category is a broad one. Where a head injury involves other injuries or damage (e.g. loss of taste or smell, damage to hair, injury to the jaw, scarring, psychological or psychiatric damage and personality change) the level of damages will take account of the ranges applicable to these other injuries in addition to damages for physical injury to the head (e.g. by reason of a fractured skull). The damages will range from a lower end of about £3,000 in cases where a full recovery is established within a few weeks to cases of more longstanding sequelae. In more serious cases the damages may exceed the upper level of award shown.

These are not cases of brain damage from which they must be distinguished.

Considerations affecting the level of the award:

  1. Severity of initial injury
  2. Period of recovery from acute symptoms
  3. Extent of continuing symptoms at trial
  4. Headaches
  5. Cases where there are one or two discrete epileptic episodes, or a temporary resurgence of epilepsy, but there is no risk of further recurrence beyond that applicable to the population at large.

brain injury after an accident

Moderate Brain Damage
(i) Moderate to severe intellectual deficit, a personality change, an effect on sight, speech and senses with an epileptic risk. £200,000 – £375,000
(ii) Modest to a moderate intellectual deficit, the ability to work is greatly reduced if not lost and there is a risk of epilepsy. £110,000 –£225,000
(iii) Concentration and memory are affected, the ability to work is reduced and there may be a risk of epilepsy. £38,000 – £140,000
(d) Minor Brain Damage £35,000 – £70,000
A good recovery will have been made. The Plaintiff can participate in normal social life and return to work but a restoration of all normal functions is not implicit. There may still be persistent defects such as poor concentration and memory or disinhibition of mood which may interfere with lifestyle, leisure activity, and future work prospects.

Considerations affecting the level of the award:

  1. Extent and severity of the initial injury
  2. Extent of any continuing and possibly permanent disability
  3. Extent of any personality change.
head injury
Head injury claims
Moderately Severe Brain Damage £200,000 – £450,000
Severe disability. Conscious, but total dependency and requiring constant care. Disabilities may be physical, e.g. limb paralysis, or cognitive, with marked impairment of intellect and personality.

Considerations affecting the level of the award:

  1. Insight – low insight or awareness will diminish general damages.
  2. Life expectancy
  3. Extent of physical limitations
Very Severe Brain Damage £300,000 – £550,000
In the most severe cases, the Plaintiff will be in a vegetative state; there may be a recovery of eye opening and some return of sleep and waking rhythm and postural reflex movements; no evidence of meaningful response to the environment. Unable to obey commands; no language functions and a need for 24-hour nursing care.

Considerations affecting the level of the award:

  1. Insight – low insight or awareness will diminish general damages.
  2. Life expectancy
  3. Extent of physical limitations.

 

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