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Head Trauma Compensation

How to Claim Head Trauma Compensation

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

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

Obtaining compensation advice promptly after an accident can increase the probability of you being able to successfully claim compensation for a head injury. A solicitor will listen to 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 a claim for head injuries.

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

In order for compensation for a head injury to be claimed 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 head trauma compensation.

If a third party was responsible for you having injured your head in an accident it should be possible to claim compensation for a head trauma, provided that your injury could have been prevented if the third party in question had taken sufficient 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 trauma to the head to be successful. If you or your chosen solicitor can collect evidence of negligence to substantiate a claim for head injuries there is a strong probability that you will be able to recover accident injury compensation.

Third Party Capture and Your Claim for Head Injuries

The insurance company of the negligent third party who caused you to sustain an injury may make an offer of compensation for a head injury to you directly if your accident clearly resulted from third party negligence. An offer to pay damages may be welcome if you are suffering financial difficulties as a result of your injury, but in most cases it is necessary to make a head trauma compensation claim to ensure the maximum entitlement to compensation is recovered.

If you receive an offer of compensation for a head trauma from an insurer it is essential that it is assessed by an independent personal injury solicitor before you make a decision to accept or reject it. Although you injured your head in an accident it is unlikely that the insurance company will be aware of the full extent of your injury, how it has affected you personally and the costs you have incurred, and as such there is considerable potential for your head injury claim to be undersettled.

If you reject the settlement offer you will be able to pursue a more appropriate compensation amount by making a claim for head injuries. After your solicitor assesses the offer to establish if it is appropriate, you will be advised of the level of compensation claim for a trauma to the head that can be recovered by making a claim, and you can then make an informed decision about what is right for you.

Statute of Limitations and Claiming Head Trauma Compensation

There is a finite period of time in which head trauma compensation must be claimed which is dictated by the Statute of Limitations. The Statute of Limitations for making a claim for head injuries in the UK is usually three years from the date of injury, although if you sustained your injury on an aeroplane or at sea you will only have two years to make a claim. If you want to make a compensation claim for a trauma to the head on behalf of a child, the same three year time window 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 ample time to claim for having injured your head in an accident but it is important that you seek legal 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 a head trauma must be thoroughly prepared, and time must be allowed for evidence of negligence to be collected.

If your case is not filed 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.

The Legal Process of Making a Compensation Claim for a Trauma to the Head

After your accident has been investigated and evidence of third party negligence has been collected, the first stage in the legal process of making a compensation claim for a trauma to the head is the drafting and issuing of a letter of claim to the insurer of the negligent third party at fault for your accident. Twenty-one days must be provided for the insurer to respond to the letter, and a further ninety days must be allowed to enable the insurance company to conduct an investigation into how you injured your head in an accident.

If liability for the accident is accepted, the next stage in the claims process is the negotiation of an appropriate compensation amount with the insurance company that provided the policy against which compensation for a head trauma is being claimed. If negotiations stall or if liability for the accident is not accepted, it will be necessary to issue proceedings and your claim for head trauma compensation will need to be litigated through the courts. If this is necessary, your claim for head injuries must go before a judge to be decided and if the case is successful, the judge will decree the amount of compensation for a head injury that is awarded, and the insurance company will be ordered to make payment to you.

How Much Compensation for a Head Injury Can I Claim?

Compensation rates for having injured your head in an accident are not fixed, and will primarily be dictated by the severity of your injury and whether any permanent damage has been caused. The amount of compensation for a head trauma that can be claimed will also be influenced by 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 issues as a result of the accident or injury, these must also be included in your claim for head injuries.

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

Compensation for a head injury can include reimbursement for medical expenses, the cost of surgery, prescription costs, transportation to and from hospital, 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 trauma to the head you must be able to provide proof of expenditure; so it is vital that you retain receipts or invoices to submit with your claim.

Summary of Actions to Take in Order to Claim for Having Injured Your Head in an Accident

The best course of action to take after you have sought professional medical attention for having injured your head 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 informed of the steps 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 trauma to the head as well as the amount of compensation for a head trauma 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 head trauma compensation claim to receive recompense for your head injury and to recover any costs you have incurred.

Making a claim for head injuries cannot turn back the clock, but it will ensure you are not made to suffer financially for being injured in an accident for which you were not to blame.