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.
Speak with our specialist no win no fee brain injury solicitors today to find out how we can support you with your claim.
Why Choose Coulthursts?
Legal Specialists
We deal exclusively with brain injury claims.
Rehabilitation & Treatment
We pay for and arrange early treatment and support.
Financial Support
We provide financial advice and support, and ensure maximum compensation is obtained.
A Bespoke Service
We build our service around what you and your family need.
No Win No Fee
We are committed to offering a no win, no fee service.
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.
What types of brain injuries can I claim compensation for?
Our specialist no win no fee 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 subdural haematomas 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.
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 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 £2,690 for minor injuries to £493,000 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.
| Type of Injury | Amount of Compensation | Level of Injury |
|---|---|---|
| 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, Serious Disabilities | £267,340 – £344,150 | Serious disabilities with severe cognitive and physical impairment. Major impact on independence and life expectancy. Professional care essential. |
| Moderate Brain Injury, No Return to Work | £183,190 – £267,340 | Lasting intellectual or sensory problems and personality change with no realistic prospect of returning to work. Significant ongoing support needs. |
| Moderate Brain Injury, Some Return to Work Possible | £110,720 – £183,190 | Moderate intellectual or sensory deficits. Some ability to work, but significantly reduced. Ongoing support and rehabilitation likely required. |
| 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. Daily life impacted but independent living broadly achievable. |
| Less Severe Brain Injury | £18,700 – £52,550 | Good recovery expected, but ongoing issues may include fatigue, memory problems, or reduced concentration. Some impact on work and daily activities. |
| Minor Brain Injury | £2,690 – £15,580 | Symptoms resolve within weeks or up to two years. Covers mild head injuries or concussions with minimal or no lasting brain damage. |
You can also use our brain injury compensation calculator to see the amount of compensation you may be able to claim for general damages.
Brain Injury Compensation Calculator
Try our brain injury compensation calculator to find out how much compensation you may be able to claim
Just select an option from the drop down menu below to start.
Minimum Amount
Maximum Amount
Based on the Judicial College Guidelines, these figures relate to compensation for pain, suffering and loss of amenity.
In practice, claims with Coulthursts are often worth significantly more, as we also include rehabilitation costs, future losses, home adaptations, and both short- and long-term care and support. This is why our average client settlements are typically in the millions of pounds.
You will also retain a greater share of your compensation with Coulthursts. The maximum we typically charge when your case is successful is 10%, whereas some firms may take up to 25% under a no win no fee agreement.
What are special damages for brain injury claims?
In addition to claiming for general damages, you can claim for special damages. Compensation for special damages is for expenses you have incurred or any losses you’ve suffered – up until the point of settlement.
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. In these cases, the amount of compensation you receive, including future losses, may be much larger than the compensation for general damages.
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 very high-value brain injury cases. Speak to our expert team today to understand your legal rights and how we can help support you.
Brain Injury Claims 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.
What are future losses for brain injury claims?
In almost all brain injury claims, you may also be entitled to claim for financial losses and ongoing care costs that are expected in the future.
This is particularly important in severe brain injury claims, where ongoing care, treatment, and support may be required long term or indefinitely.
Future losses can include:
- Future loss of earnings
- Ongoing care and case management
- Continuing rehabilitation and therapy
- Specialist equipment
- Adaptations to your home
- Long-term support needs
In high-value claims, future losses can form a significant proportion of the overall compensation awarded.
Our table below is an indicative example of the total amount of compensation you may be able to claim.
| Type of Injury | Compensation For General Damages | Total Compensation* | Level of Injury |
|---|---|---|---|
| Very Severe Brain Injury | £344,150 – £493,000 | £2 million – £10 million+ | Vegetative or minimally conscious state. Little or no response to environment. Full-time care required. |
| Moderately Severe Brain Injury, Serious Disabilities | £267,340 – £344,150 | £1.5 million – £5 million | Serious disabilities with severe cognitive and physical impairment. Major impact on independence and life expectancy. Professional care essential. |
| Moderate Brain Injury, No Return to Work | £183,190 – £267,340 | £750,000 – £2 million | Lasting intellectual or sensory problems and personality change with no realistic prospect of returning to work. Significant ongoing support needs. |
| Moderate Brain Injury, Some Return to Work Possible | £110,720 – £183,190 | £300,000 – £750,000 | Moderate intellectual or sensory deficits. Some ability to work, but significantly reduced. Ongoing support and rehabilitation likely required. |
| Moderate Brain Injury, Memory/Senses Affected | £52,550 – £110,720 | £150,000 – £400,000 | Problems with memory, attention, balance, or senses. Work may be possible. Risk of epilepsy may be present. Daily life impacted but independent living broadly achievable. |
| Less Severe Brain Injury | £18,700 – £52,550 | £25,000 – £100,000 | Good recovery expected, but ongoing issues may include fatigue, memory problems, or reduced concentration. Some impact on work and daily activities. |
| Minor Brain Injury | £2,690 – £15,580 | £5,000 – £25,000 | Symptoms resolve within weeks or up to two years. Covers mild head injuries or concussions with minimal or no lasting brain damage. |
*Figures shown represent typical total settlements recovered by Coulthursts Solicitors including all heads of loss (pain and suffering, past financial losses, future care, lost earnings, rehabilitation and accommodation). They are indicative only and not guaranteed. Every case is assessed individually. Not legal advice.
Better Off With Coulthursts
In a case valued at £1m you could be up to £150,000 better off using us, rather than a firm that charges the equivalent of 25% of your compensation.
This is because the maximum we charge when we win your case is typically just 10% – making sure you’re not weighed down by legal costs.
So, while some firms may look to take up to 25% of your compensation, we won’t.
And, even though we are specialists in brain injury claims, we always offer a no win no fee service.
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. Even though we are specialists in brain injury claims, we always offer a no win no fee service and typically this is only 10% of the compensation, where some other firms may charge a lot more.
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 if you win the case.
Additionally we provide an After the Event (ATE) insurance policy that protects you in the rare instance the claim is unsuccessful.
How much does it cost to make a no win no fee brain injury claim?
Some law firms may take up to 25% of your compensation award as their fee under the terms of their no win no fee agreement.
We won’t.
The maximum amount we charge when we win your case is typically just 10%, making sure you’re not weighed down by legal costs.
On a typical brain injury case, the amount of compensation is split 25/75 with 25% being for pain suffering and loss of amenity (PSLA) and any past losses. The bulk of the compensation (75%) is for future losses and any care and support you might need.
Other firms may look to recoup any unrecovered legal costs from your compensation to try and get closer to that overall 25% deduction. We typically cap our fees at 10% of your total compensation.
What does this mean?
In a case valued at £1m, you could be up to £150,000 better off using us, over a firm that charges the equivalent of 25% of your compensation.
These examples show what the deductions could be with a law firm under the terms of a standard no win no fee agreement versus our Coulthursts agreement which typically caps the deductions at 10%.
There are no upfront costs associated with making a no win no fee brain injury claim and, unlike many other law firms, we can fund rehabilitation costs up front – to prevent delays to your treatment.
| Compensation amount | Your compensation if you had to pay 25% to another firm | Your compensation after 10% legal fees with Coulthursts | Your total saving using Coulthursts |
|---|---|---|---|
| £500,000 | £375,000 | £450,000 | +£75,000 |
| £750,000 | £562,500 | £675,000 | +£112,500 |
| £1m | £750,000 | £900,000 | +£150,000 |
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.
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, they can start the claim at any point until their 21st birthday. Prior to them turning 18 they will need a ‘litigation friend’ who is over 18 to act on their behalf.
- 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.
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 7 steps. These usually include;
- The assessment of your case
- The gathering of evidence and establishing liability
- Access to our rehabilitation and support service, where needed
- Appointments with specialist medical experts
- 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. Our solicitors have an extensive history of securing the very highest levels of compensation our clients are legally entitled to.
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.
Who will handle my brain injury claim? How do I know they have the right expertise?
Every one of our solicitors is a specialist in brain injury compensation claims, it’s all we do.
Coulthursts is the only law firm in the UK that works exclusively on brain injury claims. Every solicitor on our team has a minimum of ten years’ experience in this area of law, meaning they are classified as Grade A legal experts. Most of our solicitors have more than 25 years of specialist experience.
We focus exclusively on brain injury cases, and our solicitors also carry significantly lower individual caseloads than solicitors at general personal injury firms.
This means they have the time to truly understand you, your family and the impact the injury has had. As a result your claim receives the regular attention it deserves, and careful progression throughout the process – not just at key milestones.
Will Coulthursts help with rehabilitation and treatment during the brain injury claim?
Yes, this is one of the things that sets us apart.
We offer a unique rehabilitation and support service, separate from our legal work. We can fund and arrange early access to private treatment, physiotherapy, neuropsychological support, case management and other rehabilitation services as part of the claims process.
We believe that supporting your recovery is just as important as pursuing your compensation, and in many cases, early rehabilitation also strengthens the evidence in your claim.
The Coulthursts Story
Find out more about what makes Coulthursts different.
Can I get financial support while my brain injury claim is ongoing?
In many cases, yes, through interim payments.
We will fight to get you an interim payment. This is an advance on your compensation as these cases can take time to settle.
If the person or organisation responsible for the accident admits fault, it is possible to obtain interim payments to assist so you are not waiting for all your money until the claim is concluded.
The amounts will vary on a case-by-case basis. You may have a few interim payments over the lifetime of the claim, to pay for treatment or to reimburse you for lost earnings, or indeed just a general interim payment to be offset against the final claim.
However, no solicitor can guarantee an interim payment. If you have been led to believe this is the case by other solicitors, then I would question the advice given to you. Contact us for a free chat about interim payments and what can and cannot be done and how we can help.
Ask us about how we can help maximise the chance of you getting an interim payment and the possibility of emergency payments.
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.
Importantly you are in control. However, part of our promise to you is to aim to settle your claim much quicker than industry averages. How do we do this? We are the only firm in the UK that specialise exclusively in brain injuries. Our legal experts have substantially lower individual caseloads than most other firms; this means our lawyers get to spend more time on your claim each month.
Our aim is to settle claims on average closer to 2 to 2.5 years as opposed to an average of 5 years. This is a very broad-brush average as the length will depend upon the evidence, you, and your individual case.
Our promise to you is that we will always act in your best interests. For example, the injuries suffered may be so severe that experts may need to re-examine you or your loved one before making a final prognosis. As such, the time taken is guided by your recovery and the evidence.
Frequently asked questions about making a brain injury compensation claim
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.
Can I claim compensation for a brain injury if the accident was partly my fault?
Possibly, yes. Even if you believe you were partly responsible for the accident, you may still be able to recover compensation. In law this is called contributory negligence. It means responsibility for the injury may be shared between the parties.
Where this happens, compensation is usually reduced by a percentage to reflect that shared responsibility, rather than being refused entirely.
We’d always encourage you to speak to us before assuming you don’t have a claim. Cases are rarely as straightforward as they first appear, and the picture can change significantly once a specialist investigates.
Can I claim compensation 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.
Will I have to attend medical appointments for a brain injury claim?
Yes, we will instruct medical experts as near as possible to your home or place of residence.
However, we wish to obtain the best expert reports to deal with your injuries and assess the future impact of your injuries as well as detailing all the issues you currently experience. Sometimes, the best person is not the closest.
Given the severity of the injuries many of our clients have, there are usually multiple appointments with various experts, depending on your injuries.
But please be assured that we will endeavour to make these appointments as easy as possible for you or your loved one.
Will I have to go to court when making a compensation claim for a brain injury?
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.
Can I claim for psychological and mental health impacts after a brain injury?
Absolutely, psychological impacts are a recognised and important part of a brain injury claim.
Brain injuries frequently cause significant psychological and psychiatric effects, including depression, anxiety, PTSD, personality changes, emotional dysregulation and cognitive impairment. These can be just as – or more – life-limiting than physical symptoms.
A comprehensive claim will address all aspects of how the injury has affected your life, including mental health, relationships, employment and day-to-day functioning. We work with leading neuropsychological and psychiatric experts to ensure these impacts are properly documented and valued.
Can I change solicitors for my brain injury claim if I'm unhappy with my current representation?
Yes, you have the legal right to choose and change your legal representation at any time.
If you are currently represented by another solicitor but feel they don’t have the specialist expertise your case requires, or are unhappy with the service you’re receiving, please contact us for a free and confidential review.
We regularly act for clients who have transferred to us from other firms, and we handle the transition process for you. You are not obliged to use any insurer’s panel solicitor, and changing representation does not compromise your claim.
Brain injury cases are too important to be handled by anyone other than a genuine specialist. If you have any concerns about your current representation, we’d encourage you to talk to us.
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.