A car accident happens in an instant, but when it results in a brain injury, the effects can last a lifetime. If you or a loved one have experienced a brain injury due to a crash, it can raise questions about how you’ll pay for ongoing care, or cover your expenses while you take time off work to recover.

In many cases, you will be able to make a head injury claim and secure compensation that will pay you back for these costs. A brain injury is one of the most serious consequences of road traffic accidents, and making a compensation claim is an opportunity to secure the resources you need for the best possible recovery. Where there are permanent side effects, compensation can support your long-term financial security, as a successful brain injury claim should account for the full impact of an injury on your life.

The brain injury solicitors at Switalskis have a wealth of experience in supporting those with serious brain injuries to claim compensation. Here, we explain when you can claim for a brain injury caused by a car accident, how compensation can support your recovery and how the right solicitor can move your claim forward to allow you to focus on your recovery.

Can you claim for a brain injury after a car accident?

You can claim for a brain injury after a car accident if the accident was caused by someone else's negligence. The negligent party may be another driver, a motorcyclist, or even a local authority if the road was unsafe. Even if you were partly at fault for the accident or your injuries, you may still be able to pursue a claim if another party also bears responsibility. Any compensation awarded may be reduced to reflect your share of responsibility. While your compensation may be reduced to reflect your degree of responsibility, it can still cover the costs of rehabilitation, lost earnings and other things you need in your recovery.

Usually, the injured person makes the claim, but if the brain injury is so severe that the person lacks the mental capacity to make a brain injury claim, a family member can act as a litigation friend and claim on their behalf. Similarly, if a child suffers a brain injury in a car accident, a parent or guardian can claim on their behalf. We can support you through the process of becoming a litigation friend, and the court will approve and manage any compensation on the person's behalf to make sure it meets their needs.

If you are eligible to claim, your personal injury solicitor will work closely with experts to prove that negligence was a factor in your accident. This can include working with independent medical experts, who will examine your medical records to determine the extent of your injuries. We may also work with crash reconstruction experts, and use evidence from the police or other authorities to piece together the circumstances of the accident.

Does the type of injury affect a brain injury compensation claim?

Car accidents can cause various types of brain injury, and even minor injuries can entitle you to make a claim, although more serious injuries are valued more highly in terms of compensation. Our serious injury solicitors specialise in this type of claim. Brain injuries are typically categorised according to their nature and severity. While the type of injury is important, compensation is usually assessed according to the long-term effects of the injury on a person's life, independence and ability to work.

Traumatic brain injury (TBI)

A traumatic brain injury may happen if the head hits the steering wheel or dashboard in a crash. TBIs range from mild to severe, but even a "mild" traumatic brain injury can have serious consequences for your day to day life. Compensation should not just cover pain and suffering, which may include headaches following a TBI, but the effects of symptoms such as memory loss or changes in mood.

Severe brain trauma

Severe brain trauma often involves long-term unconsciousness or a coma, although concussion can also be a sign of a more serious injury. These severe brain injuries need intensive medical attention and may result in symptoms that require lifelong support. In some instances, the injured person will need round-the-clock care, the costs of which can be covered by compensation.

Diffuse axonal injuries

Diffuse axonal injuries happen when the brain moves inside the skull during a sudden impact, and they are unfortunately common in road traffic accidents. The movement of the brain results in nerve fibres, or axons, being stretched or torn, which can lead to long-term impairment and severe brain damage. Where clinically indicated, an MRI scan may be used to identify signs of diffuse axonal injury, although some cases can be diagnosed based on the person's symptoms, presentation and the mechanism of injury.

Coup-contrecoup injury

A coup-contrecoup injury can happen when the force of the car accident causes the brain to hit one side of the skull and then bounce back to hit the other side. This results in two different areas of brain damage, which can vary in severity. As such, the impact of this type of injury depends on which areas of the brain are damaged, but can be very serious.

How much compensation can you get for a brain injury?

Every brain injury is unique, and how much compensation you could receive depends on factors including the injury severity, how it affects your life, and your financial losses. To reflect these different aspects of a claim, brain injury compensation is split into two parts: general damages and special damages.

General damages

General damages compensate you for the "pain, suffering, and loss of amenity" caused by the injury. This covers the physical pain and the way the injury has changed or reduced your quality of life. Our expert brain injury solicitors use the Judicial College Guidelines to value your claim, which provide brackets for general damages based on the type of injury.

Typically, general damages can cover the following types of symptoms of a brain injury:

• persistent headaches
• memory loss or confusion
• dizziness and loss of balance
• nausea or vomiting
• changes in sleep patterns
• sensitivity to light or sound

At Switalskis, we build your claim on a thorough assessment of your medical records, expert opinion on the wider impact of your injury, and witness statements from your loved ones about how the accident has affected your life. 

Special damages

Special damages cover the financial losses you’ve faced because of the accident. They can include:

• lost earnings and future lost wages if you can't return to work
• medical bills and the cost of private treatment where necessary
• rehabilitation support costs, such as:
• occupational therapy to help with daily life
• speech and language therapy
• psychological support for you and your family
• specialist equipment
• payments for ongoing care, whether provided by a family member or a professional carer
• travel expenses for medical appointments
• costs for adapting your home or car

Our specialist solicitors will work to ensure every penny of your financial loss is included in your claim based on the evidence you can provide regarding your losses. In most cases, we take on claims on a no win, no fee basis, under what is called a conditional fee agreement. When you make a no win, no fee claim, there are no legal fees to pay up-front and nothing to pay if the claim is not successful.

Circumstances involving severe head injuries, particularly life-changing brain injury cases, can take a long time to settle because we need to understand the full extent of the damage. However, we can pursue interim payments to address medical expenses and other urgent needs, while we work to secure a fair settlement.

Interim payments are partial payments of your compensation that you may receive before the final settlement, in cases where liability has been admitted but negotiations are ongoing. We’ll work towards interim payments whenever we can to relieve pressure on your finances and enable you to focus on your recovery.

Is there a time limit for a brain injury claim?

It’s important to act quickly to start the claims process. You typically have a three year time limit from the date of the accident to issue court proceedings, although starting the process early means it's easier to find the evidence you need and make a stronger claim.

The time limit isn't the same in all cases. For children, the three year limit starts on their 18th birthday. If the person lacks mental capacity, there’s often no time limit, unless they recover their capacity. Finally, in rare cases, the court has discretion to allow claims outside the usual time limit, but there must be strong reasons why the claim was not made earlier. As such, the best approach is still to contact us as soon as you can and start the process.

How to start your brain injury claim

Starting a claim can feel daunting, but Switalskis makes the claims process as simple as possible. Your first step is to speak with our specialist solicitors today. We offer free advice to help you understand if you have a valid claim, and will start to gather evidence on your behalf if you decide to move forward.

Strong witness statements from the accident scene and police accident reports can make a big difference to your chances of a successful claim, so be sure to report the incident to the police and take contact details from anyone who witnessed the accident if you can. You should also see a medical professional following the accident, as a medical report covering your brain or head injury can be used to prove the connection between the injury and the accident. By understanding the full extent of your injuries, we can make sure the compensation amount is fair.

Contact our specialist solicitors today

If you or someone you care about has suffered a brain injury in a car accident, Switalskis will provide the legal support to help you move forward.

Contact us for a chat about your situation. We’ll listen to your story, answer your questions, and provide the clear, friendly advice you need. Call us on 0800 1380 458 or get in touch via the form on our site.