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If a traumatic brain injury was caused by someone else’s negligence, our solicitors can advise on a compensation claim. Free first conversation, in confidence, with no obligation.
A traumatic brain injury claim is a personal injury claim brought where a brain injury was caused by an accident that was someone else’s fault.
These claims turn on evidence of effect. What the injury has changed is often disputed, it takes time to establish, and the financial consequences can run for the rest of the injured person’s life.
We act for injured people and their families across the UK. Contact our team of personal injury solicitors on 01689 887887 or complete our enquiry form to arrange an initial consultation with our experienced team.
Do I have a traumatic brain injury claim?
You may have a claim if someone else owed you a duty of care, fell short of it, and a brain injury resulted.
A traumatic brain injury is caused by a physical force acting on the head or body. Its severity is classified from the Glasgow Coma Scale score recorded at assessment: 13 to 15 is mild, 9 to 12 moderate, and 8 or below severe.
Two features make these claims different from other personal injury claims.
The severity recorded at the time does not determine the claim. An injury classified as mild may still support a substantial claim where the medical evidence establishes a lasting effect. The classification is a starting point for the evidence, not the answer.
Evidence from family members matters. Their account of what has changed is often the clearest picture of the day-to-day effects, and it is treated as evidence in the claim. Where the injured person lacks the capacity to conduct proceedings, a family member or another suitable person can bring the claim on their behalf as a litigation friend.
Whether the effects of the injury support a claim, and at what level, is a matter for independent expert evidence. That is the first substantive step in any claim we take on.
Traumatic and other brain injuries: which claims this page covers
A traumatic brain injury is one caused by an external physical force. This page covers traumatic brain injuries arising from accidents.
Where a brain injury was caused or made worse by medical treatment that fell below the proper standard, the claim is a clinical negligence claim rather than a personal injury claim, and our medical negligence team deals with it. A delayed diagnosis is one example. The legal tests, the defendants and the funding routes differ.
If you are not sure which category yours falls into, tell us what happened and we will tell you.
Accidents that lead to traumatic brain injury claims
Road traffic accidents
Claims for drivers, passengers, motorcyclists, cyclists and pedestrians, including claims against uninsured and untraced drivers through the Motor Insurers’ Bureau.
Accidents at work
Falls from height, injuries from falling objects or moving vehicles, and machinery incidents. A claim against an employer is brought in negligence, for breach of the duty of care an employer owes its employees.
Slips, trips and falls in public places
Claims against occupiers, retailers, leisure operators and highway authorities.
Assaults
Where a brain injury results from an assault, a claim may lie against the assailant, against an occupier who failed to provide adequate security, or through the Criminal Injuries Compensation Authority.
Sporting and recreational accidents
Claims arising from unsafe facilities, inadequate supervision or defective equipment.
How much compensation can I claim for a traumatic brain injury?
No reliable figure can be given until the medical evidence shows the injury’s lasting effect. Compensation has two parts, and in a serious brain injury claim the second is much the larger.
General damages for the injury itself, meaning pain, suffering and loss of amenity, assessed on independent expert evidence.
Special damages for the financial consequences, known as the heads of loss. Each has to be evidenced:
past and future loss of earnings, and lost pension
the cost of care and case management, including care provided unpaid by family
rehabilitation and therapy
aids, equipment and assistive technology
adapted or alternative accommodation
the cost of managing the award where the injured person lacks capacity, including deputyship costs
travel and treatment expenses
A serious claim should not be settled early, because the long-term financial evidence cannot be completed until the medical position is settled. Where liability is admitted or largely accepted, the court can order an interim payment on account of damages, which can fund support while the claim continues.
Where a lump sum could affect entitlement to means-tested benefits, a personal injury trust can protect it.
How our traumatic brain injury solicitors can help
Our personal injury team, led by Alex Wormald, assesses how the injury occurred, gathers evidence about the accident, instructs independent experts and evidences the long-term financial consequences.
That means instructing the right experts, usually several across different disciplines, and building the evidence of effect these claims turn on.
Where the injured person lacks the capacity to conduct proceedings, we advise the family on acting as litigation friend and on the deputyship arrangements needed to manage compensation afterwards.
The first conversation is free, and we will tell you at that stage how the claim would be funded. If it is easier for a family member to make the first call, that is entirely usual.
The firm is listed in the Headway Head Injury Solicitors Directory, maintained by the brain injury association Headway, and our solicitors are on the panel of Action against Medical Accidents (AvMA). The personal injury team is recognised in Chambers and Partners and the Legal 500.
Time limits for traumatic brain injury claims
Under the Limitation Act 1980, a claim must generally be started within three years of the accident or, if later, the date you first knew you had a significant injury and that it was attributable to someone else’s act or omission.
Two exceptions matter here.
Where the injured person was under 18, the three years runs from their eighteenth birthday, so a claim can be brought until they are 21.
Where a brain injury has left someone without the capacity to conduct legal proceedings, time does not run while that continues. A claim may still be possible long after an accident.
The court has a discretion to allow a claim outside the limit. It is not something to rely on.
No win, no fee: funding a traumatic brain injury claim
Most traumatic brain injury claims are funded by a conditional fee agreement, known as no win, no fee. Nothing is payable upfront, and if the claim does not succeed you do not pay our fees.
If it succeeds, most of our costs are recovered from the other side, and a success fee comes out of your compensation. By law that success fee cannot exceed 25% of your damages for pain, suffering and loss of amenity and your past financial losses, after any benefits repayable to the Compensation Recovery Unit have been taken off. That cap applies however the claim ends, and the fee is never taken from compensation for future losses such as future care.
You would also be responsible for disbursements such as expert and court fees, and for any costs order made against you. After the event insurance covers that risk, and we will explain what it does and does not cover before it is taken out.
Two alternatives are worth checking first. Legal expenses insurance is often included with home or motor insurance and, if you have it, can mean no deduction from your damages at all, so send us your policy schedule and we will check. And some trade unions provide legal assistance to members.
Traumatic brain injury: frequently asked questions
Can I make a claim if my brain injury was recorded as mild?
Possibly. The description applied at the time does not decide the claim. What matters is what the medical evidence establishes about the lasting effect, and whether the injury was caused by someone else’s negligence.
What if problems only became apparent after the accident?
A claim is not automatically prevented. Where the evidence supports a link between the later problems and the accident, the claim can proceed, and the three-year period may run from the date you first knew, rather than from the accident.
Is a traumatic brain injury claim the same as a medical negligence claim?
No. Where treatment fell below the proper standard, the claim is a clinical negligence claim and our medical negligence team handles it.
Can someone claim on behalf of a person with a severe brain injury?
Yes. Where the injured person lacks capacity to conduct proceedings, a family member or another suitable person can act as litigation friend and bring the claim on their behalf.
Can I claim if I was not wearing a helmet or a seatbelt?
You may still have a claim, though the award can be reduced to reflect a share of the responsibility. How much it is reduced by depends on the facts, so it is worth taking advice rather than assuming.
How long will a traumatic brain injury claim take?
Longer than most claims, because the long-term evidence cannot be completed until the medical position is settled. Interim payments can provide support in the meantime. We will give you a realistic timetable for your own case once we have the records.
Can I claim on a no win, no fee basis?
In most cases, yes. Nothing is payable upfront, and if the claim does not succeed you do not pay our fees. If it succeeds, a success fee comes out of your compensation, capped by law at 25% of your damages for pain, suffering and loss of amenity and past financial losses, after Compensation Recovery Unit deductions. You remain responsible for disbursements and any costs order made against you.
More questions are answered on our personal injury FAQs page.
Speak to us about a traumatic brain injury claim
If you or a family member has suffered a traumatic brain injury in an accident, an initial conversation can clarify your options and the next practical steps. There is no obligation to proceed.
Contact our team of personal injury solicitors on 01689 887887 or complete our enquiry form to arrange an initial consultation with our experienced team.
