Concussion Injury Claim Solicitors

What is a concussion?

Concussion is the most common form of injury to the brain. The labels ‘concussion’ and ‘head injury’ are often used interchangeably. Most people fully recover from a concussion relatively quickly, but some can suffer ongoing, persistent symptoms. When symptoms do persist, this is usually referred to as post-concussion syndrome.

A concussion may be caused by a direct bump or blow to the head, for example, a collision while playing a contact sport or a road traffic accident. Concussions can occur even if there is not a direct blow to the head. Concussions are also caused by sudden jolts or violent shaking, which can cause the brain to bounce, shake or twist within the skull.

Through either a direct blow or a jolt, these forces can stretch nerve fibers and can create chemical changes which can damage brain cells, leading to a concussion.

What is post-concussion syndrome?

Gladly, the majority of people with concussion find their symptoms ease and disappear over time. However, for some, symptoms continue more than three months after the original injury.

Post-concussion syndrome (which is sometimes called post-concussive syndrome) is an umbrella term for a cluster of difficulties that are present three months or more after an injury and may include:

• Regular and persistent headaches
• Anxiety
• Dizziness
• Fatigue
• Difficulties with memory
• Irritability
• Sensitivity to noise or light

How much compensation can I claim for a concussion injury?

The amount of compensation you can claim for a concussion injury will depend on how severe the injury is and the effect it has on your life.

Compensation is calculated to reflect the pain and suffering you have experienced, as well as any loss of earnings and the cost of any future care you may need.

While there is no set amount of compensation, as each case is unique and judged based on its individual circumstances, compensation payouts for concussion injury claims can vary from £2,200 for relatively minor symptoms to £403,990 for the most severe.

How is compensation for a concussion injury claim calculated?

Compensation for a concussion injury claim is calculated by combining the amounts you may be entitled to for general damages and special damages.

What are general damages for concussion injury claims?

General damages are awarded for pain, suffering and loss of amenity, sometimes known as PSLA. The amount of compensation you may be able to claim will relate to the physical and psychological effects of your injury, including consideration of the loss of enjoyment of life and ability to participate in day-to-day activities.

The Judicial College from the Ministry of Justice publishes guidelines for compensation amounts in relation to the severity of your injury. These guidelines are used as a reference point for accurately valuing your claim.

In addition to claiming for general damages, you can claim for special damages.

What are special damages for concussion injury claims?

Compensation for special damages for concussion injuries is for expenses you have incurred or may incur in the future.

The amount of compensation for special damages you may be able to claim is particularly important for those whose symptoms are severe, as unfortunately, many may need long-term, full-time medical assistance and care. They may also need specialist equipment and adaptations made to their home.

In such instances, claims for special damages could include, but may not be limited to:

• The loss of earnings and potential future earnings
• Medical expenses for ongoing care and rehabilitation
• The cost of specialist medical equipment
• The cost of adapting your home to the injured person’s specific requirements
• The cost of full-time care
• The cost of full-time care, if it is a family member, taking into account their loss of potential income.

Compensation is a legal right intended to put the injured person back in the position they were in before their accident. Unfortunately, this isn’t always possible with severe concussion injuries, as comprehensive long-term care is required in many cases.

Our specialist head injury claims solicitors have extensive experience handling such cases. Speak to our expert team today to understand your legal rights and how we can help support you.

How long do I have to make a concussion injury claim?

The time limit to make a concussion injury claim is three years from the date the injury happened or the date a medical professional diagnosed your injuries. This time limit is set by the Limitation Act 1980.

However, there are some notable exceptions, including:

The three-year time limit does not apply if the injured person is mentally incapacitated. The time limit will be extended indefinitely until the person regains mental capacity, or it is decided that someone will claim on their behalf.

If claiming for a concussion suffered by a child, you can start the claim at any point up until their 18th birthday. Following this, they will have three years to start a claim.

If your concussion injury was caused as a result of an assault, you will have two years from the date of the assault to start your claim.

The legal process for claiming compensation for a concussion injury can be complex. We recommend starting your claim as soon as possible so we can gather the strongest evidence while the details are still fresh and all relevant documentation is available.

Rest assured, our specialist solicitors will guide you through every stage of the process and work to secure the compensation you are entitled to.

Can I make a no win no fee concussion injury claim?

Yes, you can make a concussion injury claim on a no-win, no-fee basis. We are committed to providing a no-win, no-fee service, meaning you won’t have to pay any legal fees if your claim is unsuccessful.

No win no fee legal services are offered through what is known as a Conditional Fee Agreement (CFA).

This agreement means that there will only be a fee payable on the condition that you win. A CFA offers you the safety to pursue a compensation claim, knowing that you are at no financial risk if it’s unsuccessful.

Additionally, we provide an After The Event (ATE) insurance policy that protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.

Can I claim for a concussion injury on behalf of someone else?

Yes, you may be able to claim compensation for a concussion injury on someone else’s behalf in certain circumstances.

You can make a claim if the injured person lacks the mental capacity to take legal action themselves, which unfortunately can be the case because of the injury suffered.

You can also claim on behalf of a child.

In both situations, you would act as a litigation friend. This is a role approved by the court, usually taken on by a trusted family member, parent, guardian, or carer. A litigation friend is responsible for making important decisions about the claim, including working with solicitors and approving any proposed settlement, always acting in the best interests of the injured person.

How much does it cost to make a no win no fee concussion injury claim?

As is common practice for law firms across the UK, we agree on a success fee with our clients at the start of the claim. Typically, this is up to 25% of the compensation amount you may receive.

There are no upfront costs associated with making a concussion injury claim with us, and if your claim is successful, the party you are claiming from will pay the legal fees.

Additionally, unlike other firms, we can provide medical treatment and support at our cost, meaning your rehabilitation won’t be delayed by insurance companies delaying authorisation.

How do I start a concussion injury compensation claim?

To begin a concussion injury compensation claim, the first step is to contact a specialist brain injury solicitors such as Coulthursts.

With decades of combined specialist legal experience representing clients who have suffered brain injuries, we know how difficult this time might be for you.

Consultations are always free, and we will explain how we can help you, your legal rights, and the plethora of support services that may be available to you.

What evidence do I need to start a concussion injury claim?

To understand your legal rights, we may ask you for some details on the events that led to your brain injury; this may include things such as;

• When, where and how the brain injury occurred
• What was the level of injuries you sustained as a result of the accident
• Who may have been at fault for the accident
• What medical diagnosis and treatment you have received
• How the injuries have affected your life, and how they may have affected your family’s life
• If you have any of the following (if applicable) witness statements, accident reports, photographs, police reports, work accident reports, or CCTV of the accident scene.

Don’t worry if you don’t have this information. We can help you collect it and build your case for you.

What is the process when claiming for a concussion injury?

The process for a concussion injury claim usually involves five main steps:

• Assessment of your case – reviewing the details of your injury and circumstances
• Gathering evidence and establishing liability – collecting medical records to document the extent of your injuries, and witness statements and other documentation to prove fault
• Presenting the claim – submitting your case to the other party or their insurer
• Negotiation and settlement – achieving the amount of compensation you are legally entitled to
• Court proceedings – only necessary if an agreement cannot be reached outside of court.

If you decide you’d like us to represent you, we will walk you through the process of making a no win no fee claim, clearly explaining the fees and how you’re protected from any financial loss if your claim is unsuccessful.

Based on the information you can provide, we will instruct an independent medical expert to assess the level of injuries sustained and how they may impact your life. It is at this point that we can help set up specialist treatment and rehabilitation, ensuring you’re in the best possible care.

Our solicitors will compile your case based on the information provided, the medical report and other documentation, and represent your legal rights against the other party until a compensation amount is agreed upon.

Please rest assured that our expert brain injury solicitors will leave no stone unturned to achieve the settlement you deserve. Be assured, our solicitors have an extensive history of securing the very highest levels of compensation our clients are legally entitled to.

How long does a concussion injury compensation claim take?

The amount of time it may take for your concussion injury claim to settle will depend on how complex the claim may be.

Concussion injury claims, especially those with post-concussion syndrome, are typically complex for several reasons, including how long it may take to gather all of the necessary evidence and, in some cases, the time it takes to understand the long-term impact of the injury fully.

Will I have to go to court?

For every client we represent, we strive to ensure that their case does not reach court, a goal we achieve in the vast majority of cases.

Court is rarely required, as even in the most complex cases, a compromise is usually reached before court becomes necessary.

The only time you may need to attend court is if you are claiming on behalf of someone else, as the court requires a short and informal hearing to approve any settlement formally.

What are the symptoms of concussion?

It is common to associate concussion with being ‘knocked out,’ or the loss of consciousness. However, loss of consciousness only occurs in about ten per cent of concussions and is not required for a diagnosis.

The symptoms of concussion frequently include headache, dizziness and difficulty balancing. There may also be difficulties with speech and memory.

When there has been a blow to the head which causes evident symptoms, the likelihood of concussion is clear.

However, in many cases, this may be less evident: during fast-moving contact sport, a blow to the head may not be seen. Concussion can occur from an incident that may not appear serious, such as slipping over and bumping your head upon falling.

Therefore, even if the cause of the injury seems mild or is unclear, it is essential to pay attention to possible symptoms of concussion. Symptoms usually occur within 24 to 48 hours after the injury.

Should you go to the hospital if a suspected concussion has happened?

Yes, any suspected cases of concussion should be seen and assessed by a doctor, even if symptoms seem to be mild or the person seems to be recovering. The current recommendation is that all concussions should be taken seriously.

The Accident and Emergency department is best because of the access to CT and MRI scanning equipment. A concussion is unlikely to be seen on a regular CT or MRI scan.

This is because the changes are minimal and will not appear in standard imaging technology.

You may have a CT or MRI scan, but these are primarily to check for any signs of swelling (edema), bleeding (hemorrhage), bruising (hematoma) or fluid in the brain which may need monitoring or treatment. If anything is seen on a scan, then the diagnosis is usually not a concussion or mild traumatic brain injury, but generally classed as a moderate or even a severe brain injury.

Are concussions always correctly identified at A&E?

Unfortunately not. The principles of triage in accident and emergency hospital departments shape the framework for classifying brain injuries. It helps clinicians to decide who should have immediate access to CT and MRI scans, who should stay in hospital for monitoring and care (severe and moderate) and who can be sent home with advice (mild).

However, the main shortcoming of this system is for the large category of people assessed as having a mild traumatic brain injury (mTBI).

Approximately 90 per cent of people with a brain injury are classified as mild. These patients may not be offered a brain scan, or if they are, the scan may not identify any damage. They may be told they have a mild concussion, sent home and told they will recover over time.

However, a significant proportion of these patients do not make a full recovery and experience long-term difficulties. A recent study found 53 per cent of patients classified as having mild traumatic brain injuries still reported functional deficits a year after their original injury occurred. Functional deficits included difficulties completing tasks, concentrating and social functioning.

This is why we believe it is imperative to have comprehensive monitoring of all people who have suffered a concussion injury of any severity to ensure symptoms are not missed and the correct treatment is provided.

Why is concussion often missed?

Concussion can be easy to miss because there may be no external sign of injury, no loss of consciousness, or there may be other more immediately serious injuries that are focused on.

All patients are advised that they are likely to recover from a concussion quickly, and this is the case for the majority of people. However, when this is not the case, there may be difficulties recognising that the problems an individual continues to experience are due to the original concussion.

In our experience, those with persistent symptoms may have difficulty explaining this to employers, family and doctors as they think they should have recovered by now. Also, the symptoms can be confused and overlap with other conditions, such as depression or as a consequence of the traumatic event (such as Post Traumatic Stress Disorder).

This can mean that the concussion or persisting symptoms can be missed and people can have difficulties getting access to the treatment, rehabilitation, education and support systems that they need. We understand the difficulty that this can cause, and we specialise exclusively in concussion and brain injury cases.

Sometimes it is the family member, equally as much as the injured person, that notices and feels that “they are simply just not right”. We work closely with those who we believe are the best concussion and brain injury specialists around the country and will make it a priority that you get access to the treatment, rehabilitation and support you need. We take over cases from other solicitors where the client or family members feel that they need advice from a specialist in concussion and brain injury claims.

If you would like some further advice or just someone to talk to, then please do not hesitate to get in contact with us. All initial advice is in absolute confidence at no charge and without any commitment.

What is the medical definition of a concussion?

A concussion is usually defined in situations when a person has suffered a blow or jolt to the head that causes a change in brain function and mental state, including feeling dazed, disorientated or confused or any loss of memory.

And where none of the following indicators are exceeded:

• No loss of consciousness or loss of consciousness under 30 minutes
• Glasgow Coma Scale (GCS) of 13 – 15
• Post-traumatic amnesia (memory loss) less than 24 hours
• A clear CT or MRI scan (no bleed or bruising evident)

Many patients are told no damage is evident and are sent home, advised to rest, to avoid alcohol and driving until symptoms improve. This is because the majority of people recover relatively quickly.

What to do if symptoms of concussion don’t improve?

In adults, symptoms would usually be expected to improve within 10 to 14 days of the injury occurring. In children and adolescents, who are recognised as being more susceptible to concussion, symptoms may take up to four weeks to improve.

If you or your family member is experiencing these symptoms, it is essential to go back to the hospital urgently:

• Loss of consciousness
• New deafness in one or both ears
• Loss of balance or problems walking
• Any weakness in one or both arms or legs
• Any vomiting
• Clear fluid coming out of your ears or nose
• Drowsiness when you would normally be wide awake
• Increasing disorientation
• Problems understanding or speaking
• Blurred or double vision
• Severe headache not relieved by painkillers such as paracetamol
• Bleeding from one or both ears
• Any fits (collapsing or passing out suddenly)
• Inability to be woken

We know from studies that a significant majority do not recover quickly and suffer ongoing, persistent symptoms. These symptoms may be linked with the original concussion, although sometimes, people find they are struggling in a number of ways, but it may not be immediately apparent that this is due to concussion.

Post-concussion syndrome is a recognised diagnosis of symptoms associated with concussion for those who do not recover within these time frames. This diagnosis is commonly given at around three months, but may be given sooner. We consider post-concussion syndrome in more detail here.

Why do some people develop post-concussion syndrome?

The reason why some people continue to experience difficulties after a concussion while others recover is not fully understood.

There is not always a clear link between the severity of the injury and post-concussion syndrome: those with apparently mild concussion may experience ongoing difficulties.

One theory is that tiny areas of bruising, not evident in a standard scan, can cause symptoms of post-concussion syndrome; other theories suggest the original injury causes a chemical imbalance in the brain.

Some studies suggest certain groups face a comparatively higher risk of developing post-concussion syndrome: young males, older people, people with a history of mental health problems, sportspeople, particularly if they have experienced more than one incident of concussion.

How to diagnose post-concussion syndrome

There is no definitive test for post-concussion syndrome. It is a diagnosis made after a medical history, considering the original injury and presenting symptoms. Sometimes, specialist imaging may be helpful to pinpoint changes within the brain, although they may not always be visible.

A very careful, detailed assessment of symptoms is required. It is recognised that a person may be experiencing difficulties that reflect changes within the brain combined with psychological and emotional factors. There may be trauma from the original injury and high levels of anxiety about what is happening, why they are not able to return to normal.

There are often significant impacts upon family members of the affected individual, such as rising levels of irritability and complex behaviour.

People with post-concussion syndrome and their families need a skilled assessment and wide-ranging support to meet their health, emotional and cognitive needs.