Chevron pointing up icon

Brain & psychological injury compensation

Solicitors in London

“Compassionate and fantastically hard-working, Stephanie Prior puts everything into the work that she does. She is highly respected for handling claims made by victims of sexual abuse.”

Chambers UK

Brain & psychological injury compensation

Brain and psychological injuries are claims for personal injury resulting in brain damage, epilepsy, or psychiatric damage. This guide shows the range of compensation.

Brain trauma cases often involve devastating injuries which can have a profound and lifelong effect on the injured person and their family. The most serious brain damage claims attract awards of up to £220,000 general damages.

General Damages for Brain & Psychological Injuries

Min

Max

Brain Damage / Head Injuries

Very Severe Brain Damage

£155,000

£220,000

Moderately Severe Brain Damage

£120,000

£155,000

Moderate Brain Damage

£23,500

£120,000

Minor Brain Damage

£8,500

£23,500

Minor Head Injury

£1,250

£7,000

Epilepsy

Established Grand Mal

£55,000

£82,000

Established Petit Mal

£30,000

£71,500

Other Epileptic Conditions

£5,750

£14,250

Psychiatric Damage

Severe Psychiatric Damage

£30,000

£63,000

Moderately Severe Psychiatric Damage

£10,500

£30,000

Moderate Psychiatric Damage

£3,250

£10,500

Minor Psychiatric Damage

£800

£3,250

Post-Traumatic Stress Disorder

Severe Post-Traumatic Stress Disorder

£34,000

£55,000

Moderately Severe Post-Traumatic Stress Disorder

£12,500

£31,750

Moderate Post-Traumatic Stress Disorder

£4,500

£12,500

Minor Post-Traumatic Stress Disorder

£2,150

£4,500

 Personal injury compensation is divided into two main categories, one for the injuries themselves (general damages) and a second for the financial losses caused by the injury (special damages).

This second category includes compensation for loss of earnings, care, and medical expenses, and in serious brain injury cases the special damages claim can exceed £1 million.

Brain injury cases are complex and need careful treatment. Osbornes PartnerStuart Kightley and Associate Sophie Davies specialise in this area.

Other head injuries can be more subtle, where the damage to the brain is difficult to diagnose but is manifested in changes in behaviour and mood, and the ability to process, understand, and memorise information.

Cases of short lived concussion are common, and minor head injuries range from £1250 – £7000 general damages.

Brain injury can sometimes cause epilepsy. In some cases there will be one or more seizures following the accident but no longer term problems. In others there have been no seizures but the features of the injury (such as skull fracture or abnormal brain scan) indicate an elevated risk of epilepsy. Expert evidence is necessary in these cases for the risk to be evaluated and for the level of compensation to be assessed.

Psychiatric damage is as real as – and in many cases more serious and long lived than – physical injury. It includes cases of post traumatic stress disorder (PTSD), where the patient continues to relive the terror of the accident through intrusive dreams and flashbacks and often develops avoidance behaviour and depression. Such cases may benefit from expert intervention in the form of therapy (such as Cognitive Behavioural Therapy or Eye Movement Desensitization Therapy) or anti-depressant medication supervised by a psychiatrist.

It is important to remember that the victim’s subjective reaction is relevant. The Defendant must take the Claimant as he finds him, which means that the Claimant who suffers a severe psychological reaction to an injury, perhaps because of a constitutional vulnerability, is entitled to compensation for the full extent of their injury, even if another person may have got over the effect of the same injury without any difficulty.

Moderate severity PTSD attracts awards of £4500 to £12,500.

At the lower end of the scale for psychiatric damage are the cases of reactive depression, where the accident victim struggles to adapt to the pain and disability of the injury and perhaps loss or interruption of their job and their new dependence on others.

There are also the road accident cases where the victim cannot then travel without recalling the trauma of the accident. These cases attract modest general damages but it usually possible to claim the private cost of therapy to overcome the aversion behaviour.

Speak to a Lawyer

Personal Injury Services

arrow pointing up

Accreditations

Latest Personal Injury News


MGL Twitter error: Error: 34 Sorry, that page does not exist.

Introducing Your Personal Injury Legal Team

Osbornes has an experienced team of specialist personal-injury lawyers to assist with your case / situation

arrow pointing up

Camden

Livery House, 9 Pratt Street, London NW1 0AE
Tel: 020 7485 8811 Fax: 020 7485 5660
DX Number 57053 Camden Town

Hampstead

28A Hampstead High Street, Hampstead, NW3 1QA
Tel: 020 7485 8811 Fax: 020 7485 5660

Contact a Lawyer

Enter your details below to receive a call from Osbornes:


Trustpilot

Speak To A Lawyer

Speak

To a

Lawyer

ENQUIRY
SUBMIT