Head & brain settlements
in England.
A young man running across Romford Road at a signal controlled crossing in January 2021 was hit by a van doing about 41 mph in a 30 zone and suffered a moderate to severe traumatic brain injury. He asked the court for £200,000 for pain and suffering; the insurer argued the lowest brain injury bracket of £52,550 to £110,720. The Master ordered a further £60,000 interim payment. Separately, about 1,000 former rugby players’ concussion claims survived a strike out bid.
Facts that decide a head & brain claim in England
| Interim payments | The court estimates the likely award conservatively, then orders a reasonable proportion; here £73,000 less £13,500 already paid.SRN v Nekiwala [2026] EWHC 16 (KB) |
|---|---|
| Brain injury brackets | The parties relied on the Judicial College Guidelines 17th edition; the insurer cited the lowest brain injury bracket of £52,550 to £110,720.SRN v Nekiwala [2026] EWHC 16 (KB) |
| Contributory negligence | Your own fault does not defeat the claim; damages are “reduced to such extent as the court thinks just and equitable” for your share.Law Reform (Contributory Negligence) Act 1945, s 1(1) |