Calculating Compensation For A Brain Injury

Last Updated 14th November 2024. Have you suffered memory loss due to an accident that you weren’t liable for? Has a brain injury caused by someone else left you unable to work? Has a traumatic head injury due to another person’s negligence left you with communication problems and reduced awareness? If you’ve been injured in this way and you feel the accident wasn’t your fault, you may be able to see if you can make a personal injury claim using our brain injury compensation calculator.

This guide will: 

  • Highlight the potential symptoms of suffering from a brain injury. 
  • Provide examples of different scenarios in which you might claim for a head injury to give you a better understanding of your own situation. 
  • Explain the types of losses you may be able to claim. 
  • Show how our panel of No Win No Fee solicitors could help you receive thousands of pounds in compensation.

For free legal advice, you can contact our experienced advisors 24/7 at a time that suits you. Call them using 0800 408 7826. Alternatively, to learn more about how a compensation payout calculator can help you, please read on.

A man having bandages wrapped around his head
 

Jump To A Section

  1. Brain Injury Compensation Calculator
  2. What Expenses And Costs Could I Claim Damages For?
  3. How And When To Use A Brain Injury Compensation Calculator
  4. What Is A Brain Injury?
  5. Common Causes Of Traumatic Head And Brain Injuries
  6. Claim Brain Injury Compensation With A No Win No Fee Claim Agreement
  7. References And Services

Brain Injury Compensation Calculator

Brain injury compensation payouts can be made up of general and special damages. These heads of loss compensate for physical and psychological harm, and financial losses, respectively.

While our brain injury compensation on calculator can help you estimate your potential payout, it can’t account for all of your financial losses or provide a full assessment of your injuries. We have created this general damages table, using figures from the Judicial College Guidelines (JCG), a document solicitors can use to help determine compensation amounts.

Compensation Table

Please be aware that the first entry is not a JCG figure and that this information has been included for guidance purposes only. 

InjurySeverityCompensation BracketDetails
Multiple Very Severe Injuries with Additional Special DamagesVery SevereUp to £1,000,00 +Multiple very severe injuries together substantial special damages including lost earnings, care needs and medical expenses.
Brain InjuriesVery Severe (a)£344,150 to £493,000In cases at the top of this bracket there may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.
Moderately Severe (b)£267,340 to £344,150The injured person will be very seriously disabled. There will be substantial dependence on others and a need for constant professional and other care.
Moderate (c)(i)£183,190 to £267,340Moderate to severe intellectual deficit, significant epilepsy risk and zero employment prospect.
Moderate (c)(ii)£110,720 to £183,190Cases in which there is a moderate to modest intellectual deficit, the ability to work is greatly reduced if not removed and there is some risk of epilepsy (unless a provisional damages order provides for this risk).
Moderate (c)(iii)£52,550 to £110,720Impact on concentration and memory affecting ability to work with a small epilepsy risk.
Less Severe (d)£18,700 to £52,550Similar to the above bracket but a good recovery will have been made.
Minor Injury (e)£2,690 to £15,580In these cases brain damage, if any, will have been minimal. The amount of compensation will partly be judged on the severity of the initial injury.

What Expenses And Costs Could I Claim Damages For?

As we mentioned briefly above, special damages relate to the financial losses you’ve suffered due to the head injury.

This can include claiming for:

  • Loss of earnings
  • Loss of future earnings
  • Travel costs
  • Prescriptions/medication
  • Recreational activities that you can now no longer commit to. 

This is why you may want to consider starting a claim on a No Win No Fee basis. If you’ve suffered a particularly traumatic brain injury, you could receive thousands of pounds should your claim be successful.

How And When To Use A Brain Injury Compensation Calculator   

A brain injury compensation calculator works by taking the information you provide and giving a rough estimate of what a potential claim could be worth. You input what type of accident occurred, what injuries were sustained, your salary and how long you were off work, our calculator will do the rest.

Such calculators are useful as they provide a guideline compensation value with little effort on your part. However, a calculator can’t accurately assess the severity of your injuries in the way a medical professional can. They also don’t take into consideration other financial losses, such as the examples given above.

In order to get a more detailed and accurate idea of what your potential claim could be worth, get in touch with our advisory team for a free eligibility consultation today.

What Is A Brain Injury?

Due to the brain’s complexity, a head injury can have very varied symptoms and outcomes. The NHS states that symptoms of a brain injury can include: 

  • Concussion
  • Unconsciousness
  • Problems with speech
  • Vomiting 
  • Fatigue or weakness
  • Memory loss

You could also experience things like paralysis, nausea, drowsiness, dizziness or a loss of balance. Upon receiving the injury, the NHS states that to help treat it, you would need to go to an A&E department to have a CT scan for diagnosis purposes. The Glasgow Coma Scale (GCS) is often used to determine the extent of the injury. 

The NHS also provides general advice for the recovery process. It includes things like:

  • Avoiding drinking alcohol or taking illegal drugs
  • Avoiding sleeping pills or sedatives
  • Getting plenty of rest and avoiding difficult or stressful situations
  • Not returning to work or school until you’ve fully recovered due to the stress it can cause
  • Avoiding contact sports for at least 3 weeks. 

Due to the varying nature of brain injuries, you would need to see a doctor or medical professional to be sufficiently diagnosed and understand how to treat the injury. 

If you’ve suffered behavioural changes due to an accident and want to see if you can claim, call our advisors now using the phone number at the top of your screen

Common Causes Of Traumatic Head And Brain Injuries 

There are many ways you could suffer a brain injury. The key to making a successful claim is by showing that not only was the injury someone else’s fault, but they were negligent. 

Negligence effectively means that the defendant had a duty of care to you that they didn’t fulfil, which led to the injury. This section will provide examples of scenarios where you may be able to claim to help explain the reasoning behind making one in the first place. 

Brain Injuries Caused By Road Traffic Accidents

Road traffic accidents can be incredibly harmful and damaging incidents. The amount of road users in the UK means that accidents happen every day. 

This is why the Highway Code exists. It’s a series of rules that you’re legally bound to follow and, in that, as a road user, your duty of care is created. If you don’t follow these rules, you could be acting negligently because you’re specifically going against the duty of care you owe to yourself and everyone else using the road. 

As such, if a driver collides with you through no fault of your own, you may be able to claim successfully if the evidence shows that they were negligent. Examples of this include:

  • A driver running through a red light, causing them to collide into the side of your car. This could cause you to suffer a severe head injury and bouts of depression. 
  • A negligent motorcyclist could turn into a roundabout at the wrong time and collide with the front of your car. This could lead you to want to use a brain injury compensation calculator. 
  • While intoxicated, a driver could run into the back of your car, causing a multi-car pile-up. This could result in you suffering a head injury leading to communication problems, nausea and fatigue. 

One thing to bear in mind with road traffic accident claims: if the injuries you’ve sustained from a road traffic accident come to less than £5,000, you would have to claim through a different method. 

The Whiplash Injury Regulations 2021 clearly define how you would do this. However, you can still give us a call to get free legal advice, as your injuries could be worth more than you think. 

Traumatic Head Injuries Caused By Accidents At Work

Your employer also owes you a duty of care. This is outlined in the Health and Safety at Work etc. Act 1974. Basically, your employer needs to make sure that, within reason, your work environment is safe and secure for you to be able to do your job. 

If you’ve injured yourself due to them breaching this duty, you may be able to make a successful claim. The logic here is that, as you’re contracted to be there, your employer needs to make sure work conditions are suitable enough for you to do your job without risking your health. Examples of incidents that could justify a claim include: 

  • Using faulty work equipment leading to you falling and suffering a head injury. This could cause paralysis. 
  • Work conditions not being sufficiently checked or assessed. You could, for instance, fall due to a platform not being constructed correctly. This could lead to you looking into using a personal injury calculator and potentially wanting to claim on a No Win No Fee basis. 
  • Insufficient guidance and training. For example, you could be asked to carry something too heavy for you, leading to you falling. The loss of balance could result in you falling and hitting your head. 

Head Injuries Caused By Falling Or Moving Objects

There are other types of injuries you could also suffer while at work. If you work within manual labour, in particular, being injured by falling or moving objects is a genuine health and safety concern. 

If an object has fallen on you, you may be able to claim because the work environment was clearly not safe enough for you to be able to do your job.  As such, your employer may have potentially been negligent. 

More examples of incidents include:

  • Faulty machinery causing an object to fall on you. This could lead to you having a head injury and suffering from drowsiness, problems with speech and dizziness. 
  • Movable equipment, such as a trolley, might not be secured properly. This could lead to it moving down a slope and running into you. You could then suffer a brain injury causing reduced awareness and behavioural changes. 
  • On a construction site, an object could fall on you due to it not being secured correctly. This could, for example, be due to insufficient training. 

Head injuries Caused By Slips, Trips And Falls

You may also be able to claim if you injure yourself in a public place. This is because the controller of the space has a duty of care to make sure the public is reasonably safe and secure when using their premises. This is outlined in The Occupiers’ Liability Act 1957. 

Their obligations are within reason, however, as there are some external factors that they would be unable to account for, such as weather conditions. Negligence would come from the controller not fulfilling their responsibilities, leading to you injuring yourself. Examples of this include:

  • Slipping on a wet floor with no warning signs causing you to look into using a compensation payout calculator. 
  • Falling down a flight of stairs due to a faulty handrail. As such, you could suffer from a severe head injury that leads to vomiting. 
  • Tripping on a nail sticking out of a floorboard. This could result in you looking into using a brain injury compensation calculator. 

Brain Injuries Caused By Assaults

You could also claim due to injuries suffered through assaults. Due to the nature of these incidents, you would need to claim through the Criminal Injuries Compensation Authority (CICA). Our panel of No Win No Fee solicitors can help you do this. 

The compensation you could receive is based on their assessment of the incident and the injuries you’ve sustained. For more information about the amount of compensation they offer, visit their website. 

Examples of incidents that could lead to a successful claim include:

  • Being physically assaulted due to being in a shop while it’s being robbed. The injury could lead to you suffering from depression. 
  • Suffering a sexual assault which could lead to incredibly traumatising physical and psychological injuries. 
  • Being mugged could result in you being physically assaulted.

Claim Brain Injury Compensation With A No Win No Fee Claim Agreement

Our panel of solicitors work on a No Win No Fee basis. This means that: 

  • Your No Win No Fee personal injury solicitor will not request legal fees either upfront or during the claims process. Instead, they take a legally capped portion of your compensation as payment upon your claim being successful. 
  • The fee they take is a small one and is capped by law. It covers your lawyer’s costs in representing you.
  • Your No Win No Fee personal injury solicitor won’t request legal fees if your claim is unsuccessful. 

So, don’t worry! You can rest assured knowing that our panel of solicitors won’t waste your time. They’ll only take your case if they feel you have a reasonably good chance of success.

Get Advice About Your Case

Call our team of advisors for free legal advice to see if you can claim. Alternatively, use our brain injury compensation calculator to see how much you could receive. Working with our panel of No Win No Fee solicitors could earn you thousands of pounds in compensation.

  • Call now using 0800 408 7826
  • Write to us using the Live Chat window on the right-hand side of the screen
  • Contact us via our website

References And Services

For more useful information, please use the links below. 

The HSE offers more statistics about work-related injuries, which you can find on their website. 

Headway is a brain injury charity that can give you guidance on how to live with your injuries. 

More information about injuries sustained by criminal activities can be found on the CICA website. 

Other Personal Injury Claims Guides You Can Read

Thank you for reading our guide to using a brain injury compensation calculator.

Guide by DOM

Edited by BER