If you have sustained a head injury in an accident that wasn't your fault, you will often be able to make a claim for compensation. There are several key factors that must be proved to make your claim: that someone else had a duty of care towards you, that they breached their duty, and that you were injured as a result.

In practice, this means that you can start a head injury compensation claim in most cases where an injury was caused by someone else's negligence. Negligence refers to circumstances where another person or organisation failed in a duty to keep you safe. This arises in circumstances ranging from a road traffic accident to an accident at work, or even a trip and fall on a public pavement. Provided you can prove that you suffered a head injury and that it resulted from someone else's negligence, you may be able to bring a claim.

This can be important, because a head injury can lead to lost earnings, medical bills and other expenses. Serious head injuries can affect your life permanently, and require you to make changes to your home or arrange lifelong care. Making a head injury claim means securing compensation to cover these costs, and deliver the specialist treatment you need to recover.

The expert head injury solicitors at Switalskis have a strong track record of resolving claims through negotiation and securing settlements without the need for a trial. Here, we break down the elements of a head injury compensation claim, how we prove that someone else's fault, the evidence that shows that someone breached their duty of care, and the time limits that may affect your right to claim.

How will I know if I can make a head injury compensation claim?

There are several key elements that are necessary to a compensation claim for an injury. For a successful claim, you must prove that another person or organisation was responsible for your injury. This involves showing that:

1. they owed you a duty of care;
2. they breached that duty; and
3. the breach caused your head injury.

The duty of care applies automatically in many cases - for example, your employer has a duty of care to maintain health and safety standards in your workplace, while road users have a duty of care to drive safely and protect others, and those responsible for public spaces have a duty to take reasonable steps to keep visitors safe.

A breach of duty can be any act of negligence. This could mean anything from your employer failing to provide suitable protective equipment when asking you to perform a dangerous task, to spills or other slip hazards being left unattended in a shop. If you are unsure whether this applies to you, speak to an experienced personal injury solicitor about your circumstances.

Finally, you must show that your injuries resulted from the accident. Switalskis will refer your case to an independent medical expert who can examine you and your medical records to demonstrate that this was the case. Our head injury solicitors are skilled at proving negligence in difficult circumstances, and we'll also gather evidence like witness statements, CCTV footage and accident reconstructions to prove your eligibility to claim.

Does the type of head injury affect my claim?

A head injury includes any trauma to your scalp, skull, or brain, and it is possible to claim for a range of different types. While a more serious brain injury will generally result in more compensation awarded, it is also possible to claim for a relatively mild injury provided the medical evidence supports this.

Common types of head injury for which you can claim include:

• concussions
• skull fractures
• brain damage
• subdural haematomas (bleeding around the brain)

When you make a head injury claim, we look at the specific details of your case to determine both whether you can claim and how much compensation you could be owed. While some people are concerned that they may be unable to claim compensation for a minor injury, it is important to remember that head injuries (and particularly brain injuries) can be serious in all cases, even when they appear insignificant.

For example, a concussion may occur with or without loss of consciousness and can sometimes lead to persistent symptoms such as headaches, memory difficulties, fatigue or visual disturbances. You don't need to have a permanent disability to claim compensation. If a minor head injury has caused you pain, suffering, or caused you to miss work, and the accident was someone else's fault, you can start a head injury compensation claim. Not every head injury involves injury to the brain, but both may give rise to a compensation claim.

However, you should seek medical treatment in the immediate aftermath of an accident. In some cases, a severe brain injury doesn't present with symptoms straight away, and will only become clear after a medical assessment. Compensation is assessed on a case-by-case basis, and it's important that we understand the full extent of your injuries to maximise your award.

At Switalskis, we handle many injury compensation claims where the initial injury seemed small but the impact was significant. Working with an experienced solicitor means you'll get a full assessment of the impact of an injury and what the long-term implications could be. We'll also make sure that the compensation you receive covers all of the associated costs.

How long do I have to make a head injury claim?

Under the Limitation Act 1980, most people have three years to make a head injury claim. This time limit starts from the date of the accident or, in cases where the connection between your accident and your head injury wasn't clear, from the "date of knowledge", which is the date you first realised your head injury was caused by negligence.

There are some exceptions to this rule, however. If the injured person is a child, a parent or guardian can make a head injury claim on their behalf at any time before they turn 18. Once the child turns 18, they've got three years to start court proceedings themselves, which means they can start the claims process at any time before their 21st birthday. If the injured person lacks the mental capacity to make decisions for themselves, there may be no time limit. This applies whether or not the loss of capacity is related to a traumatic brain injury.

However, it's always best to start your compensation claim as soon as possible. This makes it easier to gather evidence like witness details and CCTV footage. If you wait too long, you could lose your right to claim compensation for injuries sustained in an accident caused by someone else.

How can a specialist head injury lawyer support a successful brain injury claim?

Head and brain injuries are more complicated than standard injury claims, and it's best to work with specialist head injury solicitors who understand the medical side of your injury. At Switalskis, we have the expertise to handle even the most complex brain injury compensation claims , and we work with medical experts, including neuropsychologists and neurologists, to understand the full impact of a severe head injury before determining how much compensation you're owed. Where appropriate, we can seek early rehabilitation and interim payments to help fund treatment, therapy and support while your claim is ongoing

Most claims are funded through a no win, no fee agreement, meaning you generally won't pay your solicitor's fees if the claim is unsuccessful, subject to the terms of the agreement. Legal representation from our brain injury lawyers means that you can focus on your recovery while we pursue your claim, and we have a proven track record in securing fair compensation settlements without going to court.

Your recovery is the most important thing. We'll handle the legal side so you can focus on getting better, and we'll remain committed to achieving the best outcome for you and your family at all stages of the process. Contact Switalskis today to speak with one of our head injury lawyers. Call us on 0800 1380 458 or use the form on our site to get in touch.