Head Injury Claims

Type Estimated (£)
(A) Brain Damage
(a) Very Severe Brain Damage £185,000 to  £265,000
In cases at the top of this bracket the injured person will have a degree of insight. There may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural refl ex 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.
The level of the award within the bracket will be affected by:
(i) the degree of insight;
(ii) life expectancy;
(iii) the extent of physical limitations.
The top of the bracket will be appropriate only where there is signifi cant effect on the senses and severe physical limitation.
Where there is a persistent vegetative state and/ or death occurs very soon after the injuries were suffered and there has been no awareness by the injured person of his or her condition the award will be solely for loss of amenity and will fall substantially below the above bracket.
(b) Moderately Severe Brain Injury £144,000 to £185,000
The injured person will be very seriously disabled. There will be substantial dependence on others and a need for constant professional and other care. Disabilities may be physical, for example, limb paralysis, or cognitive, with marked impairment of intellect and personality. Cases otherwise within (a) above may fall into this bracket if life expectancy has been greatly reduced.
The level of the award within the bracket will be affected by the following considerations:
(i) the degree of insight;
(ii) life expectancy;
(iii) the extent of physical limitations;
(iv) the degree of dependence on others;
(v) ability to communicate;
(vi) behavioural abnormality;
(vii) epilepsy or a significant risk of epilepsy (unless a  provisional damages order provides for this risk).
(c) Moderate Brain Damage
(i) Cases in which there is moderate to severe  intellectual deficit, a personality change, an effect on sight, speech and senses with a significant risk of epilepsy and no prospect of employment. £98,500 to £144,000
(ii) Cases 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). £59,500 to £98,500
(iii) Cases in which concentration and memory are affected, the ability to work is reduced, where there is a small risk of epilepsy and any dependence on others is very limited. £28,250 to £59,500
(d) Minor Brain Damage £10,000 to £28,250
In these cases the injured person will have made a good recovery and will be able to take part in normal social life and to return to work. There may not have been a restoration of all normal functions so there may still be persisting problems such as poor concentration and memory or disinhibition of mood, which may interfere with lifestyle, leisure activities and future work prospects. At the top of this bracket there may be a small risk of epilepsy.
The level of the award within the bracket will be affected by:
(i) the extent and severity of the initial injury;
(ii) the extent of any continuing, and possibly permanent, disability;
(iii) the extent of any personality change;
(iv) depression.
(B) Minor Head Injury £1,450 to £8,400
In these cases brain damage, if any, will have been minimal. The level of the award will be affected by the following considerations:
(i) the severity of the initial injury;
(ii) the period taken to recover from any symptoms;
(iii) the extent of continuing symptoms;
(iv) the presence or absence of headaches.
The bottom of the bracket will reflect full recovery within a few weeks.
(C) Epilepsy
(a) Established Grand Mal £66,000 to £98,500
(b) Established Petit Mal £36,000 to £86,000
The level of the award within these brackets will be affected by the following factors
(i) whether attacks are successfully controlled by medication and the extent to which the need for medication is likely to persist;
(ii) the extent to which the appreciation of life is blunted by such medication;
(iii) the effect on working and/or social life;
(iv) the existence of associated behavioural problems;
(v) the prognosis.
(c) Other Epileptic Conditions £7,000 to £17,250
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. The level of the award within the bracket will be affected by the extent of any consequences of the attacks on, for example, education, sporting activities, working and social life, and their duration.

 

Figures shown are based on Judicial Boards Guidelines (JSB) of what a particular type of injury may be valued by a Court of Law. An injury is valued by the Courts on the basis of the Guidelines provided by the guide and specific cases that the Courts have settled. The value of each claim will depend upon the injury and the medical evidence obtained, though these figures give you some idea as to where your injury would be within the bracket.