What is a brain injury compensation claim?
A brain injury compensation claim is a legal process for people to claim financial compensation after they have suffered a brain injury through no fault of their own and someone else’s negligence.
Financial compensation is awarded to put the person claiming back into the position they would have been in if the injury had not occurred.
The amount of compensation you may be able to claim will depend on the severity of the injuries, the pain and suffering caused, and the level of impact the injuries will have on you and your loved ones’ lives.
When can I make a brain injury claim?
In the majority of cases, you can make a brain injury claim within three years from the date of the accident or the date the injury was diagnosed.
You can claim compensation for a brain injury if the injuries were caused by someone else’s negligence.
Negligence is defined by a duty of care being breached, and that breach caused the accident to take place. Depending on the circumstances of your accident, the duty of care may have been breached by your employer or a fellow road user driving dangerously or in other circumstances.
In some cases, you may be able to claim compensation for a brain injury even if the other party was only partly responsible for your injuries.
Why Choose Coulthursts?
Specialist Legal
We deal exclusively with brain injury claims.
Rehabilitation & Treatment
We pay for and arrange early treatment and support.
Financial
We provide financial advice and support, and ensure maximum compensation is obtained.
Emotional & Family support
We build our service around what you and your family need
No risk
We are committed to offering a no win, no fee service.
What is a brain injury?
A brain injury is defined as an alteration in brain function caused by an external force such as a blow, collision or jolt. This alteration in brain function may be temporary, long lasting or permanent.
Brain injuries can be classified into three types.
- Traumatic brain injury: caused by a blow to the head from an external force
- Acquired brain injury: related to pressure being exerted on the brain either from external force or an internal process, such as a stroke.
- Congenital brain damage: caused by complications from childbirth or genetic reasons.
How are brain injuries assessed?
Brain injuries are currently assessed based on two measures: duration of loss of consciousness and post-traumatic amnesia (PTA).
An injured person with PTA will be conscious but may talk or behave in a strange, uncharacteristic way. There is likely to be short-term memory loss and difficulties processing what has happened to them and where they are. They may recognise family and friends. A person may have PTA without having had any loss of consciousness.
This framework is commonly used for classifying the severity of brain injuries:
- Very severe brain injury: loss of consciousness for 48 hours or more
- Severe brain injury: loss of consciousness for 6 to 48 hours, post-traumatic amnesia for 24 hours to 7 days
- Moderate brain injury: loss of consciousness for 15 minutes to 6 hours, post-traumatic amnesia for one to 24 hours
- Minor brain injury: loss of consciousness for less than 15 minutes (or no loss of consciousness at all) and post-traumatic amnesia for less than one hour.
What types of brain injuries can I claim compensation for?
Our specialist brain injury claims solicitors have extensive experience helping families claim compensation for a variety of brain and head injuries, ranging from concussions, skull fractures, diffuse axonal injuries, and brain haemorrhages to severe traumatic brain injuries.
These types of brain injuries can occur due to a number of different circumstances. However, the majority of our clients have suffered brain injuries caused by negligence in the workplace, including falls from heights or accidents in agricultural and farm settings.
Brain injury specialists
We focus solely on brain injury claims and we have experienced senior solicitors only – no delegation to junior staff, just expert-led support throughout.
That means every expert, decision, and step we take is tailored to support your recovery and future. With deep knowledge and the right contacts, we guide your case with genuine expertise – from start to settlement.
How much compensation can I claim for a brain injury?
The amount of compensation you may be able to claim for a brain injury will depend on the severity of the injury and the impact it will have on your life. Compensation is awarded in relation to the level of pain and suffering you may experience, as well as loss of income and costs for your future care.
There’s no standard amount as each case is unique and judged based on its individual circumstances.
What is the average amount of compensation for a brain injury claim?
The average compensation for a brain injury claim will vary significantly based on the unique nature of each claim, the severity of the injury and its impact on quality of life.
Compensation payouts for brain injuries can vary from £2,200 for minor injuries to £403,990 for the most severe brain injuries.
How is compensation for a brain injury calculated?
Compensation for brain injuries is calculated by combining the compensation amounts you may be legally entitled to for general damages and special damages.
What are general damages for brain injury claims?
General damages are awarded for pain, suffering and loss of amenity, sometimes known as PSLA. The amount of compensation you may be able to claim will relate to the physical and psychological effects of your injury, including consideration of the loss of enjoyment of life and ability to participate in day-to-day activities.
The Judicial College from the Ministry of Justice publishes guidelines for compensation amounts in relation to the severity of your injury. These guidelines are used as a reference point for accurately valuing your claim.
| Injury Level | Compensation Range | Description |
|---|---|---|
| Very Severe Brain Injury | £344,150 – £493,000 | Vegetative or minimally conscious state. Little or no response to environment. Full-time care required. |
| Moderately Severe Brain Injury | £267,340 – £344,150 | Serious disabilities with severe cognitive/physical impairment. Major impact on independence and life expectancy. |
| Moderate Brain Injury – No Return to Work | £183,190 – £267,340 | Lasting intellectual or sensory problems, personality change, and no realistic chance of returning to work. |
| Moderate Brain Injury – Some Return to Work Possible | £110,720 – £183,190 | Moderate intellectual or sensory deficits. Some ability to work, but significantly reduced. |
| Moderate Brain Injury – Memory/Senses Affected | £52,550 – £110,720 | Problems with memory, attention, balance, or senses. Work may be possible. Risk of epilepsy may be present. |
| Less Severe Brain Injury | £18,700 – £52,550 | Good recovery expected, but ongoing issues may include fatigue, memory problems, or reduced concentration. |
| Minor Brain Injury (Concussion) | £2,690 – £15,580 | Symptoms resolve within weeks to two years. Covers mild head injuries or concussions with minimal or no lasting brain damage. |
In addition to claiming for general damages, you can claim for special damages.
Low caseload, full focus
With ultra-low caseloads – typically around just five cases each – our solicitors have more time to work closely with you. You’re never just a file.
We build strong relationships, understand your needs in detail, and move things forward quickly—helping you feel fully supported and confident throughout the legal process.
What are special damages for brain injury claims?
Compensation for special damages for brain injuries is for expenses you have incurred or may incur in the future.
The amount of compensation for special damages you may be able to claim is particularly important for those who have suffered a severe brain injury because, unfortunately, many may need long-term, full-time medical assistance and care.
They may also need specialist equipment and adaptations made to their home.
In such instances, claims for special damages could include, but may not be limited to:
- The loss of earnings and potential future earnings
- Medical expenses for ongoing care and rehabilitation
- The cost of specialist medical equipment
- The cost of adapting your home to the injured person’s specific requirements
- The cost of full-time care
- The cost of full-time care if it is a family member, taking into account their loss of potential income.
Compensation is a legal right intended to put the injured person back in the position they were in before their accident. Unfortunately, this isn’t always possible with severe brain injuries, as comprehensive long-term care is required in many cases.
Our specialist brain injury claims solicitors have extensive experience handling such cases. Speak to our expert team today to understand your legal rights and how we can help support you.
How long do I have to make a brain injury claim?
In most cases, you will have up to three years from the date of the injury or the date a medical professional diagnosed your injuries. This time limit is set by the Limitation Act 1980.
However, there are a number of notable exceptions, including:
- The three-year time limit does not apply if the injured person is mentally incapacitated. The time limit will be extended indefinitely until the person regains mental capacity, or it is decided that someone will claim on their behalf.
- If claiming for a brain injury on behalf of a child, you can start the claim at any point until their 21st birthday.
- If your brain injury was caused as a result of an assault, you will have two years from the date of the assault to start your claim.
The legal process for claiming compensation for brain injuries is extremely complex. We recommend starting your claim as soon as possible so that we have the best opportunity to compile as much evidence as possible while the details of the case are still fresh in everyone’s minds and documentation is still available.
Contact us for a free consultation
We are happy to meet individuals and their families to explain how we work and whether our service may be suitable for you. This is always at no cost and with no obligation.
Can I claim for a brain injury on behalf of someone else?
Yes, you may be able to claim compensation for a brain injury on behalf of someone else in the following circumstances;
You can claim for a brain injury on behalf of someone who may lack the mental capacity to take legal action themselves. This is especially relevant if the brain injury you are claiming for is the cause.
Additionally, you can make a claim on behalf of a child.
In both instances, you can claim as a “litigation friend.” A litigation friend is a person who acts on behalf of someone who cannot conduct legal proceedings themselves and is usually a trusted family member, parent, guardian or carer.
The court must authorise this role to ensure that the litigation friend acts in the best interests of the injured person. The litigation friend will be responsible for making important decisions about the claim, including liaising with solicitors and authorising any proposed settlements.
Can I make a brain injury claim for a loved one who has died?
Yes, you may be able to make a brain injury claim for a loved one who has, unfortunately, passed.
Typically, claims can be made by the executor of the Will or the person representing the deceased’s estate. The time limit to start the claim is three years from the date of death.
Depending on the circumstances of the claim, you may be able to claim for pain and suffering, loss of financial support, and bereavement damages.
Can I make a no win no fee brain injury claim?
Yes, you can make a brain injury claim on a no-win, no-fee basis. We provide all our legal services with a no-win, no-fee guarantee, meaning you won’t have to pay any legal fees if your claim is unsuccessful.
No win no fee legal services are offered through what is known as a Conditional Fee Agreement (CFA).
This agreement means that there will only be a fee payable on the condition that you win. A CFA offers you the safety to pursue a compensation claim, knowing that you are at no financial risk if it’s unsuccessful.
Additionally, we provide an After The Event (ATE) insurance policy that protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.
Early access to rehab
Your rehabilitation starts when you need it – not months later. We don’t wait for insurer approval to get you help.
From physio and neuropsychology to home support or counselling, we act fast to arrange treatment when it makes the biggest impact. Funding is available upfront so you can focus on your recovery while we handle the legal work.
How much does it cost to make a no win no fee brain injury claim?
As is common practice for law firms across the UK, we agree on a success fee with our clients at the start of the claim. Typically, this is up to 25% of the compensation amount you may receive.
There are no upfront costs associated with making a brain injury claim with us, and if your claim is successful, the party you are claiming from will pay the legal fees.
Additionally, unlike many other firms, we provide medical treatment and support at our cost, meaning your rehabilitation won’t be delayed by insurance companies delaying authorisation.
How do I start a brain injury compensation claim?
To begin a brain injury compensation claim, the first step is to contact a specialist brain injury solicitors such as Coulthursts.
With decades of combined specialist legal experience representing clients who have suffered brain injuries, we know how difficult this time might be for you.
Consultations are always free, and we will explain how we can help you, your legal rights, and the plethora of support services that may be available to you.
Support beyond the claim
Many of our clients come through recommendations from doctors, brain injury specialists, clinicians, rehabilitation providers, barristers, or charities who’ve seen our work first-hand.
But we go beyond legal advice. We also help with things like benefit forms, chasing insurers, cancelling fines, and cutting through admin. It’s all part of our client-first approach and supporting you in ways other firms simply don’t.
What evidence do I need to start a brain injury claim?
To understand your legal rights, we may ask you for some details on the events that led to your brain injury; this may include things such as;
- When, where and how the brain injury occurred.
- What the level of injuries you sustained as a result of the accident
- Who may have been at fault for the accident
- What medical diagnosis and treatment you have received
- How the injuries have affected your life, and how they may have affected your family’s life
- If you have any of the following (if applicable) witness statements, accident reports, photographs, police reports, work accident reports, or CCTV of the accident scene.
Don’t worry if you don’t have this information. We can help you collect it and build your case for you.
How does the brain injury claim process work?
Typically, the process for a brain injury claim involves up to 5 steps. These usually include;
- The assessment of your case
- The gathering of evidence and establishing liability
- The presentation of the claim to the other party
- Negotiation and settlement
- Court proceedings (on the rare occasion an agreement can not be made outside of court.)
If you decide you’d like us to represent you, we will walk you through the process of making a no win no fee claim, clearly explaining the fees and how you’re protected from any financial loss if your claim is unsuccessful.
Based on the information you can provide, we will instruct an independent medical expert to assess the level of injuries sustained and how they may impact your life. It is at this point we can help set up specialist treatment and rehabilitation, ensuring you’re in the best possible care.
Our solicitors will compile your case based on the information provided, the medical report and other documentation and represent your legal rights against the other party until a compensation amount is agreed upon.
Please rest assured that our expert brain injury solicitors will leave no stone unturned to achieve the settlement you deserve. Be assured our solicitors have an extensive history of securing the very highest levels of compensation our clients are legally entitled to.
How long does a brain injury compensation claim take?
The amount of time it may take for your brain injury claim to settle will depend on how complex the claim may be. Brain injury claims are typically complex for several reasons, including how long it may take to gather all of the necessary evidence and, in some cases, the time it takes to fully understand the long-term impact of the injury.
Will I have to go to court?
For every client we represent, we do our best to ensure that the case does not reach court, which is achieved in the vast majority of cases.
It is rare that court is required, as even in the most complex cases, a compromise is usually reached before court becomes necessary.
The only time you may need to attend court is if you are claiming on behalf of someone else, as the court requires a short and informal hearing to formally approve any settlement.