Concussion injury
compensation claims

If a concussion injury has set you back, we'll help you move forward

Concussions, as a form of traumatic brain injury (TBI), can have significant and lasting effects, even when they appear minor initially. If you or a loved one has suffered a concussion due to an accident, fall, sports injury, or any other incident caused by someone else's negligence, we can help.

If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation for medical treatments, time off work, and the impact of the injury on your life.

You can make a No Win, No Fee compensation claim with the help and support of a personal injury solicitor.

What is a concussion?

A concussion is a type of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head, or by a hit to the body that causes the head and brain to move rapidly back and forth.

This sudden movement can create chemical changes in the brain and sometimes stretch and damage brain cells. Concussions can affect brain function, resulting in symptoms like headaches, dizziness, confusion, balance problems, and memory or concentration issues. While most concussions are mild and lead to a full recovery, they can have more serious, long-term effects, especially after repeated injuries.

Delayed concussion

Symptoms of a severe concussion, such as dizziness, blurred vision, memory loss, or loss of consciousness, appear immediately. However, in the case of a mild concussion without unconsciousness, the signs may not become evident until several days later.

For more advice on what to do if you suspect concussion, visit: concussion advice (cuh.nhs.uk)

Over 300,000 people are hospitalised with an ABI every year, you are not alone

Concussions can happen in activity with a high risk of falls or collisions, but they are most commonly experienced in contact sports (football, rugby, boxing), cycling, and car accidents. They also frequently occur due to slips and falls in everyday life,

There were 356,699 UK hospital admissions for people with acquired brain injury in 2019-20, with males being 1.5x more likely than females to be admitted (headway.org.uk).

If you have suffered a concussion injury as the result of another party's actions or negligence, you may be able to claim compensation.

If you decide to make a concussion injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

If you are looking for information on concussion symptoms and treatment, visit: concussion (nhs.uk).

Do I qualify for concussion injury compensation?

You will usually be eligible to claim compensation if you have been injured in the following circumstances:

• in the last 3 years, and;
• another person or organisation was to blame, and;
• they owed you duty of care.

Find out online if you can claim with our injury claim calculator. Alternatively, you can speak to a claims advisor on 0800 376 1001 and find out if you have a claim in minutes.

Claiming when you're partially at fault

Personal injury claims often involve circumstances where there is some degree of blame on each side.

We found that, in our 2024 Personal Injury Claimant Survey, 13.99% of respondents were unsure as to which party was legally liable for their injuries.

Claims are possible even when your actions partially caused the accident. In instances of 'contributory negligence', claims are usually settled with a split liability agreement.

Read more:

Can I claim if I feel I was partly responsible for my accident?

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

For most injury claims, you have up to 3 years from the date of your injury to start the claims process.

If you were injured due to someone else's negligence but didn't realise it at the time, you may have longer to make a claim. Typically, you have three years from the date you either received a diagnosis or became aware of the negligence (known as the 'date of knowledge') to start your claim.

The 3 year limitation period does not apply to minors (under 18s). A parent, guardian or litigation friend can start a claim on a child's behalf up to their 18th birthday and the child has until their 21st birthday to claim for themselves.

How much compensation can I claim for a concussion injury?

The amount of money you could claim for your injury will depend on:

• the seriousness of your injury, and
• any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injuries have affected your life. Your solicitor will take these considerations into account to calculate the correct compensation award.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

How is compensation calculated if I have multiple injuries?

Special damages

Special damages are awarded to compensate you for any costs or losses you've incurred or might incur as a result of your accident. These costs might include loss of earnings (including future anticipated earnings loss), retraining costs, career trajectory impact, or any other out of pocket expenses.

Special damages may also be awarded for medical treatments or procedures that you might need to treat your concussion injury, including monitoring, gradual return to activity and cognitive therapy.

Read more:

A complete list of recoverable losses in a personal injury claim

Average concussion injury general damages compensation

The following concussion injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Can I claim compensation for a psychological injury?

Although psychiatric injuries are less obvious than physical injuries and illness, mental health conditions can be no less debilitating.

Our 2024 Personal Injury Claimant Survey found that 29.03% of claimants reported a psychological injury, with 70.97% of these relating to a physical injury.

Concussions can cause cognitive and emotional disturbances, leading to anxiety about brain health and function, and neurobiological depression.

Although psychiatric injuries are less obvious than physical injuries and illness, mental health conditions can be no less debilitating.

Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.

What concussion symptoms can I claim for?

The extent of a concussion injury may not be immediately clear, and in some cases the consequences can manifest some time after an accident.

You may not immediately associate your concussion injury with the accident that caused it - this connection can be established following a medical examination.

There are numerous symptoms of concussion, and an injured person may not experience them all:

• Loss of consciousness
• Headache
• Feeling dizzy or disorientated
• Seeing spots or stars - changes in your vision
• Feeling sick or vomiting
• Appearing confused
• Finding bright lights or loud noises to be extreme irritants
• Fatigue
• Feeling anxious

In addition to the medical care you should receive following a head trauma, if you decide to make a claim your solicitor will arrange an independent medical exam to establish the extent of your injury and to prove that the concussion was caused by the accident.

The medical practitioner carrying out your exam can arrange for you to have any required follow-up tests, such as MRI and CT scans.

For further information on how concussion is diagnosed, visit: Diagnosing a severe head injury (NHS).

Can I claim for potential long-term consequences of concussion?

Concussion can be an initial indication of the development of a more serious problem. Issues include the build-up of pressure, which can cause a bleed on the brain. The consequences of a bleed can require considerable further treatment and care.

Concussion can also mask a fracture to the skull. Such a fracture may not be immediately apparent in the aftermath of an accident and again can develop into a serious issue if untreated.

Can I claim for medical negligence following concussion?

Although a medical negligence claim may be possible if injuries result from a doctor's failure to identify a fracture, the Courts consider it the claimant's responsibility to mitigate the extent of their injury.

Compensation will usually only be awarded for injuries that have arisen as a result of an accident or negligence, not those which developed later and could have been prevented if treatment was sought.

Epilepsy can be caused by a head injury which initially presents as concussion. This can be the result of scar tissue on the brain. Such damage can be detected with a comprehensive clinical assessment that includes CT and MRI scans.

Medical negligence compensation claims

Epilepsy compensation claims

How did your injury happen?

Claiming compensation for a concussion injury is dependent on how your injury occurred. Click the icons below for more detail:

Work accidents Public places Road accidents Medical negligence Other accidents

Citations

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.