Concussion Compensation: When Can I Claim?

Concussion is defined by the NHS as a ‘minor traumatic brain injury’. It’s the most common type of head injury and is usually caused by a severe and sudden blow to the head.

While most people believe concussion to be a minor injury, it can have a long-lasting impact on the person affected. In the worst cases, people will suffer the effects of a concussion for several months – this is known as post-concussion syndrome.

If you’ve suffered a concussion, you’ll know how much it can impact your day-to-day life. Some of the most common symptoms include headaches, fatigue, difficulty concentrating and memory difficulties.

You may have been unable to return to work due to a concussion, or maybe you’ve seen your relationships suffer as a result of your ongoing symptoms. But if your injury was caused by someone else, you could be entitled to compensation and support.

When can I claim concussion compensation?

If you were concussed as the result of an accident caused by someone else, you could make a personal injury claim against them. Some of the most common scenarios where this will apply include:

• Accidents at work
  Your employer has a duty to keep you safe at work. So if you were injured, they could be held responsible. Your solicitor will gather evidence including accident book records, witness accounts and CCTV footage to support your claim.
• Road traffic accidents
  In these cases, your claim would be brought against the driver who caused your accident. If they can’t be traced or they’re uninsured, you may still be able to claim through the Motor Insurers’ Bureau (MIB).
• Slips, trips and falls in public places
  If you fall in a public place like a supermarket, your claim would most likely be brought against the supermarket chain. But if you were to fall on an uneven pavement, the council could be held liable.

This isn’t a complete list, so don’t worry if none of the scenarios listed above apply to you. We offer a free initial consultation where we’ll listen to what happened and let you know if you could have a strong claim.

How long do I have to claim compensation for concussion?

You’ll usually have three years to make a concussion claim. This could start from the date of your accident or from when your concussion was first diagnosed by a doctor.

If your child suffered a concussion, the three-year time limit won’t apply. Instead, you’ll have until they turn 18 to submit a claim on their behalf as a litigation friend. If you don’t, they’ll have three years from their 18th birthday to start a claim.

We’d suggest speaking to a solicitor sooner rather than later. This will make it easier for you to remember the details of your accident, and it will also mean that your solicitor can access important evidence such as CCTV footage.

What is the average payout for a concussion claim?

If your concussion claim is successful, the amount of compensation you receive will depend on a number of factors. These include:

• Your pain and suffering
• Any loss in earnings (if you’ve had to take time off work)
• The cost of medical treatment
• The cost of replacing any personal items that were damaged
• The cost of travel to and from hospital appointments

Your solicitor may also instruct an independent medical expert to assess how your injury might affect you going forward. This will support with the valuation of your claim, so you’ll have a better idea of how much compensation you’ll receive.

To learn more about how we could help you make a concussion claim, just get in touch with our friendly advisors. You can reach us on the number at the top of the screen or start your claim online.

Note: First4Lawyers offers this information as guidance, not advice. Before taking any action, you should seek professional assistance tailored to your personal circumstances.