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• Personal Injury Claim
• Medical Negligence Claim
• Road Accident Claim
• Serious Injury Claim
• PIAB Application Guide
• Statute of Limitation
• No Win No Fee Guide

Types of head injury claims

Head injury claims in Ireland are categorised based on the severity and nature of the injury sustained. These claims consider the long-term consequences of the injury on the victim’s quality of life. It is important to note that there are specific time frames within which legal proceedings must be initiated after the personal injury occurs. The following are the main types of head injuries considered in these claims:

1. Acquired brain injury

Acquired brain injury refers to injuries that occur after birth unrelated to birth trauma, hereditary conditions, or diseases. ABI typically results from traumatic events such as blows to the head or body. Causes can include car accidents, slips and falls, blunt force trauma to the head, and, unfortunately, cases of abuse. Read More

2. Traumatic brain injury

Traumatic brain injuries are caused by external forces and can be categorised into three primary levels of severity:

• Severe traumatic brain injury – These injuries are typically caused by powerful blows to the head or body, resulting in the brain moving forcefully within the skull. Severe TBIs can have a significant impact on a person’s life and may lead to conditions such as bruising, bleeding on the brain, brain damage, emotional and behavioural changes, loss of consciousness, confusion, cognitive issues, speech and language issues, cerebral fluid leakage, respiratory issues, and, in some cases, death.
• Moderate traumatic brain injury – Moderate brain injuries also result from sudden blows to the head or body, but the symptoms may be less noticeable compared to severe TBIs. To be classified as moderate, the person usually experiences a loss of consciousness for a specific period of time. Symptoms may include dizziness, memory issues, concentration difficulties, drowsiness, and nausea.
• Mild traumatic brain injury – Mild brain injuries may appear less severe initially, but their long-term effects can still be significant if not properly managed. These injuries are considered mild if the person did not experience loss of consciousness or post-traumatic amnesia following the accident. Symptoms of mild TBIs are similar to those of moderate injuries and can include dizziness, memory issues, concentration difficulties, drowsiness, and nausea.

Concussions, caused by blows or bumps to the head or rapid movement of the brain within the skull, can also be categorised as a type of traumatic brain injury. Severe concussions can lead to post-concussion syndrome, a condition characterised by persistent symptoms such as headaches, dizziness, and nausea lasting for days, months, or even longer.

In head injury claims, the severity and specific symptoms of the injury play a crucial role in determining the appropriate compensation for the victim. It is essential to consult with a solicitor to understand the latest regulations related to head injury claims.

Head injury claims in Ireland

1. Eligibility and assessment

If you or a loved one has suffered a head injury in an accident, you may be eligible to claim head injury compensation in Ireland. To qualify, it is necessary to demonstrate that the accident resulting in the injury was primarily caused by the negligence of a third party. Additionally, it must be established that the negligent party had a legal duty of care towards you and that this duty was breached, leading to the head injury.

2. Understanding the duty of care

A duty of care refers to the legal responsibility to prevent individual harm. Property owners have a duty to ensure the safety of those invited onto their premises, supermarkets must maintain a safe shopping environment, and employers are obligated to provide a hazard-free workplace for their employees. On the roads, every driver has a duty of care to protect other road users from harm. When negligence leads to a breach of duty of care and results in personal injury, it is possible to pursue compensation claims in Ireland.

3. Assessment of head injury claims

Head injury claims should be based on professional medical evaluations, considering the injuries sustained and their long-term implications for the claimant’s health, earning capacity, and overall quality of life. The assessment of such claims may require input from multiple medical specialists, depending on the nature and severity of the injuries. The testimony of these medical experts will support the head injury compensation claim. Engaging a personal injury solicitor for your head injury claim ensures that experienced medical experts are enlisted to substantiate your claim, resulting in the most robust possible case for compensation.

Compensation amount

Source: The Personal Injuries Guidelines

The Personal Injuries Guidelines provided by the Judicial Council outline the compensation levels for different categories of head injuries. Here is a summary of the key information related to head injury claims:

1. Most severe brain injury (Up to €550,000)

• The claimant is in a vegetative state, with no meaningful response to the environment.
• Factors affecting the compensation: age, life expectancy, insight, and extent of physical limitations.

2. Severe brain injury (€300,000-€400,000)

• Claimant conscious but requires constant care, marked impairment of intellect and personality.
• Factors affecting the award: age, life expectancy, insight, physical limitations, psychological sequelae, presence, and severity of epilepsy.

3. Serious and moderate brain injury (€25,000 – €350,000)

• The claimant may experience a moderate to severe intellectual deficit, requiring constant care but retaining some independence. Disabilities can include personality changes, effects on sight, speech, senses, and risk of epilepsy. Compensation: €200,000-€350,000
• A modest to moderate intellectual deficit may be present. The claimant retains some independence but experiences a significant reduction or loss of ability to work, with modest physical symptoms and a risk of epilepsy. Compensation: €120,000-€220,000
• The claimant has made a good recovery, participating in normal social life and returning to some form of work. However, there may still be persistent defects such as poor concentration, memory, or disinhibition of mood that interfere with lifestyle, leisure activities, relationships, and future work prospects. Cases involving one or two discrete epileptic episodes or a temporary resurgence of epilepsy without a significant risk of further recurrence fall into this category. Compensation: €60,000-€140,000
• Brain damage similar to the previous category, but the claimant is able to return to work at a level similar to their pre-injury capacity. Compensation: €25,000-€60,000

Factors influencing the compensation amount include

Age, extent and severity of the initial injury, duration of symptoms, extent and nature of treatment and/or medication, continuing and possibly permanent disability, personality changes, impact on education and/or work, interference with quality of life and leisure activities, impact on familial and other relationships

4. Minor brain damage or head injury (€500-€25,000)

In these cases, if any brain damage exists, it is minimal. The following factors determine the compensation level:

• The severity of the initial injury
• Time taken to recover from any symptoms
• The extent of any ongoing symptoms such as headaches or dizziness.

Compensation ranges based on the duration of substantial recovery

• Substantial recovery takes place in two to five years: €12,000-€25,000
• Substantial recovery takes place in one to two years: €6,000-€12,000
• Substantial recovery takes place in six months to one year: €3,000-€6,000
• Substantial recovery occurs within six months: €500-€3,000

5. Established epilepsy

• Grand mal and Petit mal epileptic conditions.
• Factors affecting the award: age, associated behavioural problems, control with medication, impact on education/work, quality of life, and relationships
• Compensation ranges: Grand mal: €120,000-€180,000; Petit mal: €70,000-€140,000.

6. Other epileptic conditions (€10,000-€37,000)

• Cases involving temporary or recovered epileptic episodes.
• Factors affecting the award: age, number and severity of episodes, duration, impact on education/work, quality of life.

Head injury claim process

When choosing a solicitor to deal with head injury claims, selecting a specialist with extensive experience in these claims is essential.

Head injury claims are more complex than most other injury cases and require your solicitor to work with you and your family to establish the exact nature and extent of your injury and how it affects your life. Your advice will be tailored to your specific circumstances, and your solicitor will instruct the right experts to access and value your claim. Your solicitor will guide you through every step in the process.

Immediate steps to take

1. Contact a solicitor

There is generally a time limit of two years, less one day from the date of the injury, within which you must bring this type of claim if you are over 18. If the injured party is under 18, their parent or guardian can bring a claim for them. So, it is crucial to contact a solicitor at the earliest opportunity once you are medically able to do so.

2. Record all details of the incident

You must make a comprehensive note of everything you can recall as to how the injury was incurred. It may be hard to do this following an injury of this nature, and therefore, it might be necessary to have the assistance of a family member or friend. A detailed record will significantly assist your solicitors when dealing with your case.

Things to include in the record are

1. How did the accident happen?
2. Where did the accident happen?
3. What were you doing at the time of the accident?
4. Who were you with at the time of the accident?
5. What medical treatment you received immediately following the accident
6. Any other information you feel is relevant

Coleman Legal LLP will assist you in obtaining your medical records

3. Get copies of your medical records

You will need to obtain all test results, radiology reports, doctors’ notes, nurses’ notes and all other reports from the hospital you attended at the time of the accident and any subsequent hospital or rehabilitation facility you have attended. You will also need to obtain all medical records maintained by your GP. Access to these records will assist in progressing the preliminary stages of your case.

Statute of Limitations

You have two years from the accident date within which to issue proceedings. If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these. To learn more about the statute of limitation for a head injury claim, click here.

Support groups

1. Headway

Headway Ireland provides services and support for people affected by Acquired Brain Injury in Ireland. We aim to maximise potential and quality of life. Learn More

2. Acquired brain injury Ireland

We help rebuild lives after brain injury through neuro-rehabilitation. Our mission is to enable people with an acquired brain injury to live independently with choice, respect, and the opportunity to contribute. Learn More

Our team

Our dedicated team has a collective experience of over 30 years, and we are ready to advise and assist you with your building site accident claim. Our team can guide you through the PIAB application and advise on the best course of action to ensure you are awarded the fairest compensation for your individual case.

At Coleman Legal LLP, we understand our client’s circumstances. We understand that because you are reading this part of our website, you have likely been involved in an accident and perhaps have been injured. At times like this, you need the support of an experienced firm that can assist you with the practical issues that now confront you as a result of the fault of another. For example, you may need to understand your Social Welfare entitlements should you be out of work. Also, it’s important for you to know that your legal advisers will obtain all of the important Reports that may be required to ensure that you get the best outcome in your case.

We provide a national service and can meet you locally to ensure that you have a voice and access to the best advice and resources that may be needed in your particular case. Our service is about you, the client and we speak plain English with no unnecessary legal jargon. Our teams have dealt with thousands of claims over many years and pride ourselves in our respectful and concerned approach to all of our clients.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60

Contact Details

Free Phone: (1800)844104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
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