Amount of Compensation
In order to
promote consistency and assist the courts, personal injury solicitors and other advisers, the Judicial Studies Board publish a set of guidelines for the level of injury awards for a broad range of injuries. The information, which follows, has been taken from those guidelines. Whilst the guidelines are very useful and provide a good general indicator of the level of damages which may be paid, it should be remembered that no two cases are ever the same and general damage claims for injuries resulting from accidents will always reflect the individual circumstances of the particular in dividual and the injuries he or she has suffered and claims will be assessed accordingly.
Accidents Resulting in Claims for Brain Damage
The range of claims awards for accidents resulting in the brain damage is extremely wide and is broken down into various different sections depending upon the severity of the personal injury.
Instances of very severe
brain damage will result in compensation awards between £145,000 and £205,000. Claims at the upper end of the scale will be paid where the accident victim has some, albeit limited, residual intellectual ability. The victim may be able to follow some basic commands but there will probably be little evidence of responses to changes in environment and virtually no ability to communicate through language. There will almost certainly be double incontinence and full-time care will have to be provided.
the level of compensation award, regard will be had to the extent of any physical limitations, the ability of the individual to appreciate his condition together with his age and life expectancy. Unfortunately, where the accident victim is in a persistent vegetative state, or he or she will die very soon after the accident, levels of compensation awards will be at the lower end of the scale because either there was no prolonged suffering or the ability to appreciate suffering was absent.
Where the personal injury to the brain is less severe, the range of claims awards can will be between £115,000 and £145,000. In these types of cases, there will be very serious disability and reliance upon helpers. There may be physical disability such as paralysis but there may also be a reduction in intellect and personality changes. In assessing the level of claims awards following the accident, consideration would be given to factors such as the ability of the individual to appreciate his or her suffering, the effects on ability to communicate, the level of physical disability and whether epilepsy or a risk of the development of epilepsy were present.
In the next level of awards, the range is between £22,250 and £115,000. The differentiatiating factor between this level of compensation award and the one sitting above is that the level of dependence upon other people is lower for this type of brain injury and, consequently, any compensation award is lower. The compensation claim award will be at the upper end of the scale in this range where there is quite a serious effect on the accident victim's intellect, quite a significant prospect of the development of epilepsy and no prospect of employment. Compensation claim awards would be in the middle of the range where there is some effect on intellect but not so much to rule out the possibility of some employment. There may also be a lesser risk of the accident victim developing epilepsy. Claims would sit at the lower end of this particular range where the brain is injured only to the extent that concentration and memory are affected and there is a reduction employment ability. There is limited dependence on others and only a slight risk of epilepsy.
For accidents resulting
in claims for minor brain damage, the level of claims awarded is between about £8000 and £22,250. In these cases, the accident victim will have returned to work and have resumed his normal social activities. However, there will be some continuing memory and concentration problems and perhaps some degree of personality change and depression. Claims would be paid at the upper end of this particular range depending upon the risk of the development of epilepsy. The overall level of brain injury will have been minimal. Claims assessors will take into account the seriousness of the initial injury and the time taken to recover from the symptoms present after an accident. Where there has been full recovery within a few weeks after the accident, the compensation claim will be paid at the lower end of this particular range
For minor head injury, the
expected range of compensation award would be
between £1000 and £6,500. These are claims for personal
injury accidents where there will have been minimal
brain damage and the compensation awarded will
be dependent upon the seriousness of the
initial injury and the time taken to recover from the
symptoms. Claims paid at the bottom end of the scale are
those in which the victim will have fully recovered
within a few weeks.
Of course, the award in any
particular circumstances would depend on the specific
injury suffered. If you require any advice or assistance
about any claim you may wish to make for an ankle
injury, Accident Aid would be pleased to hear from you.
Please call or email for free no obligation