Concussion Injury Compensation

How to Claim Concussion Injury Compensation

The purpose of this article is to provide you with important information about how you can claim concussion injury compensation, and to advise you of a number of procedures which should be followed after an injury has been sustained to ensure your right to recover compensation for concussion is not lost.

There are many factors that can influence whether a compensation claim for a head injury will be successful and since no two cases are exactly alike, to receive individual advice about claiming for having suffered concussion in an accident for which you were not to blame, we strongly recommend discussing your case with a personal injury solicitor.

Obtaining legal advice promptly after an accident can increase the probability of you being able to successfully claim compensation for a head injury. A solicitor will assess the circumstances under which you sustained your injury and you will be advised if a claim is possible, in addition to being given specific instructions on the procedures which should be followed in order to make claims for concussion.

There Must Have Been Negligence in Order to Claim Compensation for a Head Injury

In order for compensation for a head injury to be recovered your injury must have been sustained as a direct result of the negligence of at least one third party. Furthermore, there must have been a duty of care owed to you and that duty of care must have been broken for you to be eligible to claim concussion injury compensation.

If a third party was responsible for you having suffered concussion in an accident it should be possible to claim compensation for concussion, provided that your injury could have been prevented if the third party in question had taken a reasonable amount of care to keep you safe and out of harm’s way.

It must also be possible to prove that your head injury was directly caused by third party negligence in order for a compensation claim for a head injury to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate claims for concussion there is a strong probability that you will be able to recover accident injury compensation.

Contributory Negligence and Claims for Compensation for Concussion

Not all accidents can be attributed to the negligence of a single third party, and often concussion injury compensation needs to be claimed against multiple individuals whose combined negligence caused an accident to occur and an injury to be sustained.

When an accident involves the negligence of more than one third party, separate claims for concussion must be made against the insurance policy of each third party to blame for the accident for the degree that each is responsible.

Calculating the degree to which blame can be assigned to multiple individuals can be difficult, and for this reason contributory negligence is likely to make a compensation claim for a head injury complex. It is therefore strongly advisable to seek compensation advice from a personal injury solicitor if you suffered concussion in an accident and liability is not straightforward to establish.

The principle of contributory negligence can also be applied to an accident victim, and the amount of compensation for concussion that you are awarded will be affected by the role you played in the accident or if your actions increased the severity of the injuries that you sustained. If the negligent third party’s insurance company can establish that you were negligent, the amount of compensation for a head injury you are awarded is likely to be reduced.

How Much Can I Claim for Getting Concussion in an Accident?

Compensation amounts for having suffered concussion in an accident are not fixed, and will primarily be dictated by the severity of your injury and whether a full recovery can be made. The amount of compensation for concussion that can be claimed will also depend on many other factors, such as your age, sex and general state of health at the time of the accident. If you have been in considerable pain, suffered substantial loss of amenity or have developed psychological disorders as a result of the accident or injury, these must also be included in your claims for concussion.

Concussion injury compensation is not only concerned with providing recompense for pain and suffering, as it is also possible to recover costs and expenses which have been – or will be – incurred as a result of an injury.

Compensation for a head injury can be claimed for medical expenses, prescription costs, alternative transportation if you are unable to drive, loss of earnings and damage to personal property in an accident, in addition to other costs that were or will be necessitated by your injury.

In order to recover costs in a compensation claim for a head injury you must be able to provide proof of expenditure; so it is important that you retain receipts or invoices to submit with your claim.

Statute of Limitations and Claims for Concussion

There is a finite period of time in which concussion injury compensation must be claimed which is dictated by the Statute of Limitations. The Statute of Limitations for making claims for concussion in the UK is usually three years from the date of injury, although if you sustained your injury on a plane or a boat you will only have two years to make a claim. If a child has suffered concussion in an accident, the same three year time period applies although the start of the claims period is the child’s eighteenth birthday and not the date that the injury was sustained.

You may appear to have plenty of time to make a compensation claim for a head injury but it is important that you seek compensation advice from a personal injury solicitor as soon as possible. The investigation phase of your case can take some time to complete as a claim for compensation for concussion must be thoroughly prepared, and time must be allowed for evidence of negligence to be collected.

If your case is not started within the time frame dictated by the Statute of Limitations, your case will be time barred and you will lose your legal right to recover compensation for a head injury.

Summary of Actions to Take in Order to Make a Compensation Claim for a Head Injury

The best course of action to take after you have sought professional medical attention for having suffered concussion in an accident is to consult a personal injury solicitor for legal advice. Eligibility to recover compensation for a head injury will be assessed and you will be advised about the actions that should be taken next to start legal action against the negligent third party responsible for your injury.

It is important that you find out about the strength of your compensation claim for a head injury as well as the amount of compensation for concussion you should be entitled to recover, and an independent solicitor is in the best position to provide specific legal advice relating to your case. When you have all the relevant information you should be able to make an informed decision about whether or not to make a concussion injury compensation claim to receive recompense for your head injury and to recover any costs you have incurred.

Making claims for concussion cannot turn back the clock, but they will ensure you are not made to suffer financially for being injured in an accident that was not entirely your fault.


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