Making a personal injury claim for concussion or post-concussion syndrome

Head injuries can cause a range of symptoms, from mild pain, bruising, cuts and grazing to much more serious, long-lasting issues. Concussion, although common, is a form of mild traumatic brain injury. Symptoms will often settle within weeks or months, but a study from the University of Cambridge found that almost half of patients still show symptoms of brain injury six months later.

What can cause concussion?

Any sudden hit to the head can cause these symptoms, such as:

• Road traffic accidents - especially serious collisions, or those involving vulnerable road users such as pedestrians, cyclists, motorcyclists, and scooter riders
• Slips and trips
• Accidents at work – such as construction accidents, falls from height and farming accidents
• Animal accidents
• Assaults
• Sporting injuries

As well as blows to the head, concussion can also occur as a result of the rapid acceleration or deceleration of the body, for example in a car crash, as the brain moves rapidly inside the skull.

Symptoms of concussion can include headaches, dizziness, nausea, confusion, difficulty processing or retaining information, sensitivity to light, and blurred or double vision. Only around 10% of reported concussions involve a loss of consciousness.  

You should always seek emergency medical treatment after a severe head injury. It is important to know that symptoms of concussion could also be symptoms of a more serious condition, such as:

• subdural haematoma – bleeding between the skull and the brain
• subarachnoid haemorrhage – bleeding on the surface of the brain

Post-concussion syndrome

When symptoms of concussion persist for several months, this is often diagnosed as post-concussion syndrome. You may be referred to a neurologist or neuropsychologist for further treatment.

Symptoms of post-concussion syndrome include:

• Headaches
• Tiredness, drowsiness or fatigue
• Poor concentration or brain fog
• Irritability and mood swings
• Depression
• Memory problems
• Anxiety
• Dizziness and nausea, with or without vomiting
• Blurred/double vision
• Sensitivity to bright lights
• Sudden hearing loss or ringing in the ears (tinnitus)

Claiming for a head injury

If you have suffered concussion or post-concussion syndrome due to someone else’s negligence then you may be entitled to compensation. A claim for personal injuries has two parts. The first is the compensation for the injury itself, and the pain, suffering, and loss of amenity suffered. This is referred to as ‘general damages’. The second part of the claim is referred to as ‘special damages’ and this relates to any financial losses suffered, which can include items such as loss of earnings, pension loss, private treatment costs, travel expenses, and the cost of care and assistance provided to you.

Sometimes a severe head injury can result in a risk of developing conditions such as epilepsy in the future. In these circumstances, it can be possible to seek an order from the court ensuing that, if this risk does materialise at some point, you can re-open your case and seek further compensation.

How much compensation could I receive?

A claim for personal injuries is assessed in line with the Judicial College Guidelines, which provides helpful brackets dependant on the type and severity of injury. These figures are a guide only as each claim will be individually assessed, and evidence from medical expert(s) will be required to provide an opinion and prognosis on your injuries. The below table gives an overview of the JC Guidelines (17^th Edition) in relation to Chapter 3 – Brain and Head Injury. As can be seen below, the brackets vary widely depending on the level of brain injury suffered, from minor injuries starting from as little as £2,690, to the most severe brain injuries, attracting awards of up to £493,000.

Even once diagnosed, concussion can be a worrying condition to deal with, so it is important to seek advice from your GP during your recovery. You will also need plenty of rest and will likely need time off work and other activities as your symptoms improve. Other advice includes to avoid alcohol, contact sports, and driving until you feel able. If in doubt, speak to your doctor.

As experienced solicitors, we understand the devastating impact a concussion or head injury can have on an individual's life. Our dedicated team of expert personal injury claims solicitors is here to ensure you receive the compensation you deserve.

If you or anyone you know has been injured and wish to pursue a personal injury claim then please do not hesitate to contact Stephensons on 0161 696 6235, where one of our new business advisors will be able to talk through any concerns you may have. Alternatively, fill in our online enquiry form and we will be in touch as soon as possible,