A head injury compensation claim is a legal process through which you seek financial compensation for a head injury caused by someone else’s negligence or wrongdoing. These claims aim to address:

• Physical and emotional suffering including pain, trauma, and the lasting effects of the injury on your quality of life.
• Financial losses due to lost earnings, medical expenses, rehabilitation costs, and other out-of-pocket expenses incurred due to the injury.
• Future needs including ongoing treatment, care requirements, or adaptations to your home or lifestyle if the injury has resulted in long-term consequences.

At Switalskis, we specialise in head injury compensation claims and can provide expert guidance tailored to your circumstances.

You can make a head injury claim if your injury was caused by someone else’s negligence, wrongdoing, or failure to meet their legal duty of care. 

It’s important to remember that most claims must be issued within three years of the date of the incident, although there are exceptions for children and individuals who lack mental capacity. If you’re unsure whether you can make a claim, our experienced solicitors at Switalskis can assess your case and provide advice on the next steps.

You may still be able to claim compensation for a head injury even if you were partly at fault for the incident. This is known as contributory negligence , where the compensation amount may be reduced based on your level of responsibility for the accident.

For example, if you were injured in a road traffic accident but were not wearing a seatbelt, you could still claim, but your compensation may be reduced to reflect the extent to which not wearing the seatbelt contributed to your injuries.

Or, in a workplace accident, if safety protocols were not followed by both you and your employer, your compensation might be adjusted to account for shared responsibility.

Our solicitors will evaluate your situation and provide clear advice on whether contributory negligence applies to your case.

Head injuries caused by accidents or incidents where another person or organisation’s negligence or wrongdoing was a contributing factor can be claimed for. Common causes of these head injuries include:

• Road traffic accidents: collisions involving cars, motorcycles, bicycles, or pedestrians often result in head injuries due to the force of impact.
• Workplace accidents: injuries can occur in unsafe working environments, such as falling objects on construction sites or slips and trips in poorly maintained areas.
• Slips, trips, and falls: wet floors without warning signs, uneven surfaces, or inadequate lighting in public spaces can lead to head trauma.
• Sports and recreational activities: inadequate supervision, defective equipment, or failure to enforce safety rules can result in avoidable injuries during sports or leisure activities.
• Violent assaults: head injuries caused by physical attacks may be eligible for claims through the Criminal Injuries Compensation Authority.

If you’ve sustained a head injury due to any of these circumstances, Switalskis can help you determine if you’re eligible to make a claim and guide you through the process.

Your head injury may qualify for a compensation claim if the following criteria are met:

• The injury resulted from someone else’s negligence or wrongdoing
• The injury caused physical, emotional, or financial harm
• The claim is within the legal time limit
• Evidence supports your case

If you’re unsure whether your head injury qualifies, Switalskis offers a free initial consultation where we’ll review your circumstances and advise on your eligibility to pursue a claim.

Submitting a head injury compensation claim involves several key steps, and Switalskis will guide you through each stage to ensure the process is as straightforward as possible:

1. Initial consultation: contact our personal injury team to discuss your case. We’ll assess the circumstances of your injury, determine whether you have grounds to make a claim, and explain your options.
2. Gathering evidence: we’ll collect the necessary evidence to support your claim, such as medical records documenting your injury, incident reports or accident logs, witness statements and photographs of the scene, and financial records showing any losses or expenses incurred.
3. Submitting the claim: we’ll formally notify the responsible party (the defendant) and their insurance company of your claim. They will have a set period to respond.
4. Negotiation: if the defendant accepts liability, we’ll negotiate the compensation amount on your behalf, ensuring all aspects of your injury and losses are considered.
5. Court proceedings (if required): if the defendant disputes the claim or the proposed compensation, we may take the case to court. Our solicitors will represent you and present a compelling case.
6. Settlement and compensation: once your claim is successful, you’ll receive compensation to cover your injuries, financial losses, and any ongoing needs.

Throughout the process, our solicitors will keep you informed and work tirelessly to achieve the best possible outcome for you.

The amount of compensation you may receive for a head injury depends on several factors unique to your case. Compensation is typically divided into two categories:

General damages cover the pain, suffering, and loss of quality of life resulting from the head injury. Factors influencing the amount include:

• The severity of the injury (e.g., concussion, skull fracture, or traumatic brain injury).
• The duration of your recovery.
• Any long-term or permanent effects, such as cognitive impairment or mobility issues.

Special damages address the financial losses and expenses you’ve incurred as a result of the injury, including:

• Loss of earnings (past and future).
• Medical and rehabilitation costs.
• Travel expenses for medical appointments.
• Costs of care or home adaptations, if required.

The more severe the injury’s impact on your daily life and finances, the higher this portion of the compensation is likely to be.

Our team will carefully assess the details of your case to calculate a fair and accurate estimate of your potential compensation that reflects the finances you need for a good recovery.

To build a strong head injury compensation claim, it’s essential to gather evidence that proves the injury, demonstrates its impact on your life, and establishes the negligence or fault of the responsible party. Evidence that will contribute to this includes:

• Medical records and reports from specialists
• Accident reports, such as workplace logs, police reports, or incident records from public spaces
• Photographs or videos of the scene where the injury occurred and any contributing hazards (e.g., wet floors, defective equipment)
• Witness statements
• Receipts, invoices, or payslips showing your medical expenses, lost earnings due to time off work, travel costs for medical appointments, and any costs of care, therapy, or home adaptations
• Any communication with the responsible party, such as letters, emails, or records of complaints or safety concerns raised before the incident

Our solicitors will assist you in gathering and organising this evidence to present the strongest possible case and secure the compensation you deserve.

The time it takes to resolve a head injury claim will vary depending on the complexity of the case, the severity of your injury, and whether liability is disputed. At Switalskis, we aim to resolve your claim as efficiently as possible while making sure that no details are overlooked. We’ll keep you updated throughout the process and work to secure the best outcome for your case.

You can claim compensation if your head injury has resulted in long-term or permanent effects. In fact, claims involving lasting impacts often warrant higher compensation to address the ongoing challenges and financial needs caused by the injury. Long-term effects that may be considered include:

• Memory loss, difficulty concentrating, or other issues affecting mental function.
• Loss of mobility, chronic pain, or impaired motor skills
• Anxiety, depression, or post-traumatic stress disorder (PTSD)
• Loss of earning capacity
• Costs for long-term care, rehabilitation, or home adaptations required due to your injury

Our solicitors will work to ensure your claim reflects the full extent of your current and future needs, securing the maximum compensation available.