A brain injury can affect far more than physical health — often changing memory, behaviour, concentration and independence, sometimes in ways that only become clear over time.

Brain injuries caused by accidents are often sudden and unexpected. They can occur in road traffic accidents, at work, in public places, or as a result of violence or assault. The effects are not always immediately obvious and may evolve over time.

If a brain injury was caused by someone else’s negligence, you may be entitled to claim compensation. A personal injury claim is about more than what happened at the time of the accident, it is about securing the right support, rehabilitation and financial stability for the future.

How CWJ’s brain injury solicitors can help

Led by Alex Wormald, who regularly acts in complex and high‑value personal injury cases involving long‑term rehabilitation needs, our Personal Injury team can help you understand whether you may have a claim, gather evidence, obtain specialist medical reports and consider the long-term impact of the injury. We can also advise on rehabilitation, care needs, loss of earnings, future support and funding options, including no win no fee arrangements and Legal Expenses Insurance.

What is a brain injury?

A brain injury occurs when damage to the brain affects how it functions, often following a traumatic incident. This may impact physical ability, thinking, emotions, behaviour and the ability to live independently.

Some brain injuries are immediately apparent. Others may be described as “mild” at first but go on to cause ongoing symptoms such as fatigue, headaches, memory problems, mood change or difficulty concentrating.

Because brain injuries vary widely in severity and effect, every personal injury claim must be assessed on its own facts.

Common causes of brain injury in personal injury claims

Brain injuries may arise in a wide range of situations, including:

• Road traffic accidents (drivers, passengers, pedestrians, cyclists)
• Accidents at work (falls, struck‑by accidents, unsafe working practices)
• Slips, trips and falls in public places
• Accidents at home or in rented accommodation where safety duties were breached
• Assaults or violent incidents

What happens first?

Your first step is a confidential, no‑obligation conversation with one of our solicitors.

We will listen to what has happened and how it has affected you, explain whether you may have a claim, and talk you through your options and what would happen next if you choose to proceed. Costs and funding options, including no win no fee where available, will be explained clearly from the outset.

What can compensation cover after a brain injury?

A brain injury often affects every aspect of life, not just health. Compensation is intended to reflect the true, long‑term impact of the injury and to support recovery, independence and quality of life.

Depending on the circumstances, compensation may include:

Rehabilitation and ongoing treatment

Access to specialist rehabilitation is often critical following a brain injury. This may include physiotherapy, occupational therapy, speech and language therapy, neuropsychology and counselling.

Care and support

Some people require professional care or supervision. Others rely on significant help from family members. Compensation can take account of both paid care and the value of care provided by loved ones.

Housing, equipment and adaptations

A brain injury may make a home unsafe or unsuitable. Compensation may cover adaptations, specialist equipment, or the cost of moving to appropriate accommodation.

Loss of earnings and future income

A brain injury can prevent a return to work or limit future career options. Claims can include both past loss of earnings and the long‑term impact on earning capacity.

Impact on daily life and independence

Brain injuries often affect confidence, relationships, social life and independence. Compensation can reflect the wider effect of the injury on quality of life.

How are brain injury claims funded?

Most personal injury brain injury claims are pursued under a conditional fee agreement, often described as a “no win no fee” arrangement. This allows a claim to be brought without paying legal fees upfront.

In addition, Legal Expenses Insurance (LEI) may be available. This is sometimes included within existing motor insurance, home insurance or other policies, although many people are unaware they have it. If Legal Expenses Insurance applies, it may cover some or all of the legal costs involved in bringing a claim.

Where relevant, we can help you check whether Legal Expenses Insurance is available and explain how it may apply alongside other funding options.

We will always explain funding clearly at the outset so you understand your options before deciding how to proceed.

Recognised standards in brain injury work

Brain injury claims are among the most complex areas of personal injury law. They often involve specialist medical evidence, long‑term planning and an understanding of the practical challenges faced by individuals and families living with the effects of a brain injury.

Clarkson Wright & Jakes is:

• Listed in the Headway Head Injury Solicitors Directory, maintained by Headway – the brain injury association, a UK charity supporting people affected by brain injury and their families
• Members of AvMA (Action against Medical Accidents), an organisation known for promoting high standards in serious injury work and representing the interests of injured individuals and their families

These organisations support people affected by brain injury and their families, providing guidance, information and advocacy at what can be an extremely difficult time.

Time limits for brain injury claims

In many personal injury claims, the general time limit is three years from the date of the accident or the date the injured person became aware of the injury. However, time limits can differ depending on the circumstances, including:

• the age of the injured person
• whether the brain injury affects capacity
• whether symptoms developed some time after the accident

Because brain injury claims can be complex, it is usually advisable to seek legal advice as early as possible. Early advice helps protect evidence and ensures any applicable time limits are clearly identified.

Brain injury claims – frequently asked questions

Can I claim for a brain injury even if it was described as “mild”?

Yes. You may still be able to claim compensation for a mild brain injury if it was caused by someone else’s negligence and has had an ongoing impact on your work, independence, health or daily life.

Can I claim if brain injury symptoms appeared weeks or months after the accident?

This is common with brain injuries. Delayed symptoms do not automatically prevent a claim, particularly where medical evidence links the problems to the accident.

Is a brain injury different from a head injury?

Yes. A head injury relates to trauma to the head, while a brain injury involves damage to the brain itself. This page deals specifically with brain injury claims arising from personal injury accidents, rather than head injuries alone.

How long do I have to make a brain injury claim?

In many personal injury claims, the general time limit is three years from the date of the accident or the date the injured person became aware of the injury. Different rules may apply for children, people who lack mental capacity, or where symptoms developed later.

Can someone claim on behalf of a person with a severe brain injury?

In some cases, yes. Where a brain injury affects someone’s ability to manage their own affairs, a claim may be brought on their behalf, with additional legal safeguards in place.

What evidence do I need for a brain injury claim?

Medical records are crucial, along with expert evidence about the impact of the injury on daily life, work and future needs. Evidence about how the accident occurred is also important.

How much compensation can I be awarded for a brain injury?

Compensation varies widely depending on severity and long‑term impact. Serious brain injury claims often involve significant awards because of the cost of care, rehabilitation and lost earnings over a lifetime.

Will making a personal injury claim affect my benefits?

It can do, depending on the type of benefits and how compensation is managed. Early advice helps reduce the risk of unintended consequences.

Can I make a brain injury claim on a no win no fee basis?

Many brain injury claims can be funded through a conditional fee agreement, often known as a no win no fee arrangement. Legal Expenses Insurance may also be available through an existing motor, home or other insurance policy. We can explain the funding options available before you decide whether to proceed.

Speak to us about a brain injury claim

If you or a loved one has suffered a brain injury as a result of an accident, we understand how overwhelming the situation can feel.

An initial conversation can help clarify your options, explain the claims process and identify the next practical steps with no obligation to proceed. Any discussion can take place at a pace that feels right for you

Contact our Personal Injury team today to discuss a brain injury claim in confidence.