Suffering from a head injury can leave a significant impact on your life, with the likelihood of changing things forever. With the much needed ongoing support and care for both you and your family, head injury compensation payouts may be the only viable way to help your situation financially.
If you have suffered a head or brain injury as a result of someone else acting negligently, there is a high possibility that you have a personal injury compensation claim against them.
As every injury claim is unique, the legal process for claiming injury compensation can vary. And with strict time limitations in place, along with an abundance of technical requirements to start your claim, it is strongly advised that you get in touch with an expert head injury lawyer to help you get the most from your case.
Smith’s Lawyers are experts in brain injury claims. All our personal injury services are truly risk free with no circumstances in which you can be left out of pocket. Most law firms offering compensation legal services on a no win no fee basis have a clause in their client agreements that means you could be liable for the other side's costs if your case is unsuccessful in court
Medically speaking, any skull and brain injury is considered a head injury. Doctors typically refer to head injuries as an injury without any apparent brain damage.
As brain injury compensation claims are handled differently to head injury compensation claims, this article will be focusing on head injuries where no brain damage has occurred. To learn more about brain injury compensation claims, click here.
An injury that qualifies for head injury compensation payouts include:
Common causes for head injuries in adults include falls, car accidents, pedestrian injuries, being hit by an object or hitting an object, physical assault, all of which are frequently seen in the workplace.
Head injuries are common in motor vehicle accidents including car crashes and motorcycle accidents due to the traumatic impacts and forces put on the head and brain in high speed accidents. Cyclists often suffer head injuries due to no helmet being worn or the limited protection a helmet can offer from high impact accidents.
Seat belts and airbags have dramatically reduced the severity of many head related injuries from road accidents but they can’t remove all the risk. There are also vehicles on the road without airbags for all occupants and some drivers failing to wear a seat belt.
Failing to wear a seat belt is likely to contribute to severe head injuries but the amount of compensation an insurer is likely to be reduced due to contributory negligence. In simple terms, that means that the injuries incurred were worse due to the failure of the injured person to protect themselves with a seat belt, and therefore some of the fault is held by that individual..
According to the 2017 to 2018 Queensland worker’s compensation scheme statistics, approximately 100,000 workers compensation claims are lodged every year.
If you were injured at work, and depending on your employment circumstances, it is possible that you can make a claim under the Queensland workers compensation scheme, WorkCover, or the federal workers compensation scheme, Comcare.
You may also be entitled to claim damages under common law if you have sustained a work-related head injury. Where your injury prevents you from going back to work or working your usual occupation, you may also be entitled to super insurance payments, which are separate to the compensation received from WorkCover or your employers workers compensation policy if they are self-insured.
As each case is different, it is critical to get in touch with a professional head injury lawyer to check your individual legal rights to a compensation claim.
If you have an accepted workers compensation claim, you will be able to claim for:
If you are entitled to claim for damages under common law, you will be able to claim for monetary damages covering:
As every head injury varies from one incident to another, you will be entitled to different forms of head injury compensation than a different case. Your best course of action is to speak with a qualified head injury lawyer about what compensation you can claim based on your situation.
Head injury compensation claims fall under very strict time limitations, and you risk losing your entitlement to compensation if you lodge your claim late.
The typical time limit is within 3 years from the date the head injuries were sustained. However, first notice of your intent to claim must be given to the party at fault within 9 months from the date of your head injury or 1 month from a consultation with a lawyer.
If you have a work head injury, Queensland WorkCover claims can usually be backdated no more than 20 days, which means that you won’t be receiving the full amount you are entitled to if you delay your claim.
This is why it is important for you to get in touch with qualified head injury lawyers as soon as possible to avoid any mistakes in your head injury claim.
The amount of compensation you are entitled to depends on the severity of the head injury, as well as its long term impact on your life.
Factors that can impact head injury compensation payouts include contributory negligence where the person who sustained an injury was partly at fault. In some situations, it could be shown that the event happened beyond any person’s control, and the Judge may find that parties only need to pay what is appropriate relative to their involvement.
Pre-existing head injuries do not necessarily prevent you from claiming compensation where the incident has proven to aggravate your condition or injury.
The complexity of your head injury and the level of care and treatment necessary will impact the duration of your personal injury compensation claim.
Most injury claims can be finalised within 18 months, however, this time frame will typically extend for complex cases.
If your child has their head injured as a result of an accident or medical error, you may have a claim for child head injury compensation.
As your child does not have the legal capacity to make a claim, they will have to be represented by a Litigation Guardian, who will act on behalf of the child’s interests and manage their child's injury compensation claim.
Child head injuries are typically assessed differently than adult head injuries.
As your child is still growing and developing, head injury damages may be difficult to predict and often require further future assessment and treatment later on in their life. For example, reasonable assessments on head injury impacts on employment options may be determined more accurately after your child completes high school. Additionally, there may be a future need for health interventions, therapies, equipment and aides due to the injury impact becoming more obvious or severe as your child grows up.
Child head injury compensation claims often are complex and will greatly benefit from having experienced personal injury lawyers to assist in the case. Your team of lawyers will work to ensure that the rights of your child are always protected.
Where child head injuries result from tragic situations of abuse and neglect, criminal action must follow.
Unfortunately, work head injuries are not uncommon. Most occur as a result of:
Typical work injuries involve external effects where workers may experience damage to their skull. Brushing, swelling, cuts, lacerations, as well as fractures, are common as part of head injury external effects. Symptoms include dizziness, nausea, and memory loss with severe cases, possibly leading to seizures.
Internal effects of head injury often result from skulls fractures leading to blood clot formation in the brain. These injuries fall under brain injury compensation claims as opposed to head injury compensation claims as it affects the brain. Read here to learn more about brain injury compensation.
Most injured people fail to realise the extent to which their lives have been affected due to a head injury. This is why having an experienced head injury lawyer to help you navigate your way through an injury compensation claim is vital. Not only will you get every cent you are entitled to, but you also won’t miss any time limitations or fall short of any necessary documents to prove your claim.
At Smith’s Lawyers, we stand by a strict no win no fee policy that has no catch to it. We believe strongly in helping our clients at their time in need without ever putting them at risk of becoming out of pocket. Get in touch with our expert head injury lawyers now to find out how we can help you with your injury compensation claim today.
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