Head Injury Compensation Guide

There are many ways we can injure our heads. Head injuries can be as simple as minor bruising and skin lacerations. On the more serious side, they can include concussions, fractured skulls or traumatic brain injuries. 

Sometimes even minor head injuries can create lifelong symptoms. Some of those might include headaches, dizziness, and vision problems. Serious head injuries can cause death or permanent disability. Right now, there are over 1.7 million new people that are suffering from a traumatic brain injury. Is your head injury due to someone else’s negligence? You may be entitled to compensation. The Jones Legal Team wants to help you get the compensation you deserve. This Head Injury Compensation Claim guide will help you begin navigating the process.

What Are the Types of Head Injuries?

If your skull, scalp, face, or brain sustain any damage, this constitutes a head injury. A head injury could be as simple as a bump or a bruise. But some brain injuries might be severe enough to cause death. There are many different treatments for head injuries. 

We all know that the brain is perhaps the most vital organ. It is an incredibly delicate region. Someone that sustains brain damage might be changed forever. Permanent damage and impairment is common following a severe head injury. 

Of all the types of head injuries, the most severe tend to include:

Shear Injury

  • Shear injuries hurt brain cells and keep the brain from functioning properly. This type of damage is also called a diffuse axonal injury. Shear injuries are often not obvious or even visible. However, they can result in permanent brain damage or even death.


  • A concussion occurs when the brain clashes against the walls of the skull. This is usually due to an abrupt, sudden movement.


  • A hematoma in the brain causes pressure in the skull. It sometimes causes permanent damage. Blood clots outside the vessels cause hematomas.


  • Any type of swelling the brain is called edema. The hard bones of your skull cannot stretch to accommodate swelling. This causes the brain to press against the bones of the skull, often causing damage. 

Intracerebral Hemorrhage

  • A hemorrhage is an escape of blood from a broken blood vessel. If it occurs inside the head, it is intracerebral. 


  • A skull fracture is any sort of break in the cranial bones. 
  • Signs of skull fractures include:
    • Bleeding from the nose or ears 
    • Tenderness
    • Bruising
    • Swelling

There are two categories of head injuries. You can either have an open or closed head injury. An open head injury occurs if something pierces the scalp and breaks into the bones of your skull. In most cases of open head injuries, a foreign object penetrates the brain. 

The more common type of head injury is a closed head injury. This occurs if something hits the head but the skull remains intact. 

Closed head injuries tend to be more common. They occur when something hits the head, but leaves the skull intact. These types of injuries are frequently called non penetrating or blunt traumas. This also includes brain bleeds.

Just because you don’t feel any pain, or don’t see any injury to your head, does not mean you are in the clear. If you just experienced any type of trauma to the head, you must seek medical treatment immediately. A medical professional must assess your injuries. This is to rule out any possibility of permanent damage. You must be able to show medical documentation of your injuries if you want to recover compensation. 

What are the most common causes of head injury?

The leading cause of head injuries are car accidents. The same is true of brain injuries. This is only one of the many ways to sustain these devastating traumas. 

Another common cause of head injuries is slips or falls. In order to receive compensation for these injuries, the cause must be from the negligence of another entity or person. Here’s an example:

  • A supermarket forgot to put up a sign around a ceiling leak. Underneath the ceiling leak, a puddle formed. If someone slipped because of this, they would be entitled to compensation from the supermarket. 

Or, perhaps you work at a construction site. Someone forgot to secure a heavy item that fell on your head. A construction accident lawyer would be able to advise you on how to receive compensation.

Sports-related accidents also frequently cause head injuries. Many sports require head injuries. Nonetheless, head injuries occur all too frequently. They can be devastating. 

Violence and assaults commonly result in head injuries. If you are hit in the head, it is possible you could fall unconscious. You might sustain serious brain injuries.

Finally, head injuries occur frequently from work accidents. Concussion experts claim that nearly 24% of all head injuries occur from work accidents. A work accidents lawyer would be best equipped to help you in this situation. The best way to resolve these cases are with workers compensation claims.

Can I Sue for a Head Injury at Work?

Yes. Work is one of the most common places people sustain head injuries. In most cases, a person will either fall, or an object will fall on them. Car accidents while working also cause work-related head injuries. To receive compensation for a head injury at work, you will need to file a workers’ compensation claim. The best course of action will be to consult with a workers’ compensation attorney. 

However, the first step of any injury claim is to get medical attention. You may think you are injury free, but brain injuries are often misleading. You may not feel any pain at first, only to find out later that you sustained serious damage. Any type of blunt force directly to the head could cause a head injury. You should speak with a doctor to help you rule out serious problems such as a brain injury.

Next, you will want to make sure you save as much documentation as possible. It’s also helpful to keep a diary or a timeline of events. It will be easy to lose track of everything and for your memories to blur. Keep every single medical record and claim form. Write down every single symptom you feel and keep track of them with a time log. This will help ensure the insurance companies you fight against will not deny you the compensation you deserve. 

Representation you can trust

Finally, you will want to find the right legal representation. Do your research to find someone that you can trust. Find a personal injury lawyer with experience. Someone who has worked with many different types of personal injuries will be able to negotiate aggressively with insurance companies. They will know how to bring a case to trial if necessary.

Sometimes there might be more than one party responsible for your head injury. This might include a contractor, a property owner, or a manufacturer. If this is true for you, you will need to file a third-party liability claim. The key to success in this complex situation is a knowledgeable attorney. 

Finally, after making sure you keep exact records, you will want to find the right legal representation. An experienced personal injury lawyer will know the best ways to negotiate with insurance companies and bring a case to trial if necessary. 

How Much Can I Get for Head Injury Compensation?

Head injuries have a high rate of compensation. Considering the serious complications of these injuries, it makes sense. The amount of compensation you receive will depend on a lot of factors. Perhaps the most important of these is the legal representation you choose. 

When you consider the serious complications of head injuries, it makes sense that this type of claim has a high compensation rate. No matter what, like any case, the amount you receive will depend on many factors. One of these factors includes the legal representation you choose. 

Have you incurred a lot of expenses from property damage or medical bills? This will also significantly impact how much you receive. Head injuries that cause permanent disability will almost certainly affect your future earning potential negatively. If it seems that your future income might be lost, or you’ve already lost wages from time off work, this will also factor in. 

Final stages

Unfortunately, there are rarely quick fixes in the head injury compensation. It is not wise to settle a case until you have healed as much as possible. This is because in many cases, your medical expenses won’t stop after just the first few treatments. Sadly, some people require ongoing treatment for the rest of their lives. 

Pain and suffering also factor into head injury compensation. It is extremely difficult to quantify pain and suffering. If you and your attorney can prove to the court or mediator that you experienced pain and suffering, the judge might double or even triple the original amount for your damages.

No attorney can promise you any amount of money for your head injury compensation. Each courtroom and each case is different. 

Choosing the right Attorney after a Head Injury

Experience matters

Choose an attorney you can trust for your personal injury claim. If you are dealing with a head injury or a workers’ compensation claim, this is crucial. If your attorney does not have prior experience with head injuries, you might not receive the compensation you deserve. 

The Jones Legal team has successfully defended a wide range of personal injury claims. This includes very complex, often tragic head injury claims. We give clear, competent legal advice and offer free initial consultations. Call us at 951-742-7213 or visit our contact page to set up a free consultation.