If you have experienced a brain injury through no fault of your own it is understandable that you would want to know how much compensation for brain damage you are likely to receive.
Brain injuries can arise from a number of different situations, often when there has been some form of head injury preceding it, which is why you may hear the term head injury being used in the same context as a brain injury.
Brain damage can lead to life-changing injuries for survivors, ranging from physical problems like impaired movement and mobility to poor balance, speech problems and reduced memory, all of which are recognised as cognitive impairment. Psychological problems are linked with brain injuries and can often place severe stress on relationships and result in upsetting and distressing circumstances for survivors and their families.
How Are Brain Injury Compensation Amounts Classified?
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As well as wanting to know how much compensation for brain damage, you may also appreciate knowing how your brain injury may be categorised and linked with a compensation amount. The classifications used for brain injuries range from very severe to minor, and some brain injuries can result in epilepsy.
In all personal injury cases, the amount of compensation you receive will be impacted by the degree of insight into an illness or injury you have; what the life expectancy is; and how the injury has impressed upon your physical abilities. For people in receipt of the higher end of brain injury compensation or head injury compensation, it is likely that there will be considerable effects on the senses and extreme physical limitations.
Brain Damage Compensation Amounts
Below are the ways in which compensation claims for brain injuries are classified (further information on compensation amounts likely to be achieved for brain injury are available via our brain injury compensation calculator):
- Very severe brain injuries are at the top end of compensation amounts granted in personal injury cases. The circumstances of people who have very severe brain injuries do vary but certain levels of disability must be evident in order to be in receipt of this settlement bracket which is £210,500 up to £288,500. Usually, patients will require full-time, round-the-clock care for all basic needs and bodily functions
- People who are suffering from a moderately severe brain injury are usually seriously disabled and can expect to receive compensation in the region of £156,750 up to £201,500. The injured party will have a significant amount of dependence on others and both physical and cognitive abilities will be low. In these cases, there is sometimes a possibility of needing further medical treatment in the future
- For cases where moderate brain damage has been diagnosed, patients are often reasonably independent. There are three different compensation amounts related to moderate brain damage. In order to receive between £107,250 and £156,750, a person can be expected to have significantly impaired intellectual capability and personality changes will also have taken place; there can also be a risk of epilepsy in these cases with no prospect of employment. Sight, speech and sense are usually affected too
- Between £64,750 and £107,250 can be expected if intellectual capability is not as profoundly affected in a moderate brain damage case, and there is an unlikelihood of an injured person working again, some risk of epilepsy is also present usually
- From £30,750 up to £64,750 can be expected in moderate brain damage cases where memory and concentration have been affected; the prospect of work is reduced and there is some risk of epilepsy in the future
- In cases where you have been able to return to normal life and work but have poor concentration and memory loss with a small risk of epilepsy, you can expect to receive from £11,000 up to £30,750
- For minor brain and head injuries, the amount you are likely to receive is from £1,575 up to £9,100; the variations within this bracket will depend on how severe your original injury was; how long it has taken you to recover and if you have any continuing symptoms. If you have had a full recovery within in a few weeks then the bottom end of the bracket is what you can expect to receive
- If you suffer from established, epileptic Grand Mals, between £71,850 and £107,250 is granted in most cases. For Petit Mals, you can expect from £39,150 up to £93,650. In all epileptic cases, it will be considered whether or not you suffer from attacks which are controlled by medication; how long you will need medication for; how having to take the medication impinges on your life and how your condition affects your working and social life
- In some cases, your epilepsy may be manifested by episodes but there is no danger of it returning; in these cases, factors that will determine a compensation amount of between £7,600 and £18,750 are those which have had an effect on different aspects of your life
Making A Brain Injury Compensation Claim With First Personal Injury
If you or a family member has suffered a brain injury then there is a possibility you could make a claim, if you can prove that the cause of the accident was down to a third party. If you would like more information and advice on how much compensation for a brain injury you are likely to receive, then please get in touch with First Personal Injury lawyers. Call our national accident helpline on 0800 808 9740 or claim directly using our online claim form.