Brain Injury Claims — Traumatic Brain Injury Solicitors
Last reviewed: June 2026 · EA Personal Injury Solicitors
If you or a family member has suffered a brain or head injury caused by another party's negligence — in a road accident, accident at work, or elsewhere — you may be entitled to significant compensation. Brain injury claims are complex, high-value cases requiring specialist solicitors, multiple expert reports, and careful assessment of long-term care, rehabilitation, and financial needs. No win, no fee is available for eligible claims.
TL;DR — Quick Summary
Key Points
- Brain injuries range from mild concussion to severe, permanent disability.
- Common causes: road traffic accidents, workplace accidents, falls and slips.
- Compensation covers general damages plus all long-term losses including care, earnings, and aids.
- A litigation friend can bring claims on behalf of those who lack mental capacity.
- Interim payments can fund urgent care and rehabilitation before settlement.
- Cases can take 3–5 years due to complexity of medical and financial evidence.
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.