If you, or a member of your family, have suffered a serious brain or head injury, you may be wondering if you are eligible to make a compensation claim * against the party responsible for causing the injury. Below you will find some general guidance relating to head & brain injury claims *.
Instigating a personal injury claim
In the case of head and brain injury, quite apart from considerations arising from the seriousness of the injuries themselves, you can also have the situation arising where, in all likelihood, the injury may have rendered the injured person incapable of making decisions for themselves and of actually bringing the case in their own right. In that case a person, referred to as a next friend, would have to be appointed to represent the interests of the injured party and bring any claim that may be required on their behalf. The question of whether the injured person would need to be made a ward of court before issuing proceedings would have to be looked at and in most cases a family member would be appointed to prosecute the case on behalf of the injured person.
Legal definitions of head & brain injuries
You may find section 1 of the Personal Injuries Assessment Board’s Book of Quantum, useful as a general guideline. Section 1A is particularly relevant to the head and brain.
Skull fractures are classified as being linear (most common), depressed or comminuted fractures that are further classified as closed (simple) or open (compound). A closed fracture is one in which there is no break in the skin. Intracranial injuries, including brain contusions and lacerations are severe head injuries. It is difficult to be too specific about the compensation levels for these types of injuries due to the high number of variables involved and the number and severity of possible outcomes (e.g. personality and behavioural disorders). As with all injuries, each one will differ and be considered on its individual merits with the figures being displayed here as a rough guide.Head injuries may also be rated in accordance with the Glasgow Coma Scale (GCS) which grades a person depending upon the level of consciousness and therefore level of potential injury to the brain.
Compensation Claim Guidelines
Section 1A also contains useful guidance on compensation claim amounts.
Concussion – Head Injury
Symptoms of a concussion injury commonly includes headaches, dizziness and nausea. Permanent symptoms may result but most cases recover.
- Minor Injury (no loss of consciousness) – up to €21,800
- Moderate Injury (loss of consciousness less than 24 hours) – €19,000 to €35,200
- Severe Injury (loss of consciousness more than 24 hours) – €41,600 to €74,000
Skull Fracture (no loss of consciousness)/Minor Head Injuries
Under this category there will be little if any disability resulting from the head injury.
- Minor Injury – €34,700 to €60,200
- Moderate Injury – €54,200 to €91,800
- Severe and permanent condition – €73,400 to €105,000
About McCarthy + Co
With more than 30 years of experience in dealing with personal injury claims *, McCarthy + Co. has expertise in a wide variety of fields including workplace and road traffic accidents. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork but we have worked with clients throughout Ireland in locations ranging from Galway to Waterford. We are highly experienced in dealing with both brain and head injury compensation claims cases *. You can count on us for legal advice, guidance and assistance in this area.
Get in contact with our personal injury solicitors today to make a start on your claim * or gather more information. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on firstname.lastname@example.org and we will get back to you as soon as we can.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.