Brain Injury Claims — Traumatic Brain Injury Solicitors

Types and Severity of Brain Injury

Brain injuries are classified by severity:

• Mild TBI / concussion: Temporary loss of consciousness (usually seconds to minutes), brief confusion or memory gap. Most people recover fully, but post-concussion symptoms can persist for months.
• Moderate TBI: Loss of consciousness from minutes to hours, and/or a period of post-traumatic amnesia. May cause cognitive, behavioural, or physical problems that require rehabilitation. Outcomes vary significantly.
• Severe TBI: Prolonged loss of consciousness (coma), and/or vegetative or minimally conscious state. Often results in permanent impairment affecting cognition, personality, memory, communication, and physical function. May require lifelong care.

Common Causes of Brain Injury Claims

• Road traffic accidents — car crashes, motorcycle accidents, cyclist impacts, pedestrians struck by vehicles
• Accidents at work — falls from height, falling objects, machinery and equipment accidents
• Slips, trips, and falls on public premises or private property
• Sporting accidents — horse riding, cycling, contact sports where another party is at fault
• Assaults — criminal injury claims via CICA may also be available

What Compensation Is Available?

Brain injury compensation is divided into general damages and special damages:

• General damages: Pain, suffering, and loss of amenity — the injury and its impact on your life. For moderate to severe TBI, general damages range from around £40,000 to over £350,000 (JCG 17th edition).
• Past special damages: Loss of earnings, care provided by family, medical expenses, travel costs, aids and equipment.
• Future losses: Often the largest element in serious cases — future care costs (professional or family), loss of future earnings over a working lifetime, case management, rehabilitation, home adaptations, vehicle modifications, and aids and equipment.

In the most severe cases with lifetime care needs, total compensation — particularly structured as periodical payments — can amount to several million pounds.

Rehabilitation

Early rehabilitation is critical for maximising recovery following brain injury. We follow the Rehabilitation Code and aim to ensure appropriate neuro-rehabilitation, physiotherapy, neuropsychology, and speech and language therapy is secured at the earliest opportunity — often funded by the defendant insurer prior to settlement.

Claims for Those Lacking Mental Capacity

Where a brain injury causes the claimant to lack the mental capacity to conduct litigation, a litigation friend must be appointed — usually a spouse, parent, or other close family member. Any settlement of the claim must be approved by the court to ensure it is in the claimant's best interests. We have experience in managing claims for clients who lack capacity and can guide families through this process.

Typical Compensation Amounts

The figures below are indicative brackets for the injury itself (general damages), based on the Judicial College Guidelines used by courts and insurers in England and Wales. Financial losses such as lost earnings, treatment costs and care (special damages) are claimed in addition, and in serious cases often exceed the injury award.

These brackets are a guide only — the value of your claim depends on the severity of your injury, your prognosis and your financial losses. We cannot promise or predict a specific outcome. See our full guide to compensation amounts or contact us for a free assessment of your claim.