What is a concussion injury compensation claim?
A compensation claim for a concussion injury is a legal process for people to claim financial compensation after they have suffered a concussion from an accident through no fault of their own and because of someone else’s negligence.
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.
Concussions can occur from any knock to the head, and sometimes can be difficult to diagnose correctly. The majority of our clients have suffered a concussion from an accident at work or have been involved in a car accident that has led to a concussion.
Many claims are made by those suffering from post-concussion syndrome when symptoms remain for an extended period of time following the initial accident.
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 concussion injury claim?
In the majority of cases, you can claim for a concussion injury that wasn’t your fault within three years from the date of the accident or the date the injury was diagnosed. This is known as the limitation period, but there are exceptions to this rule.
To claim successfully, you will need to be able to prove your 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 your concussion injury even if the other party was only partly responsible for your injuries.
What types of concussion injuries can I claim compensation for?
Our specialist brain injury claims solicitors have extensive experience helping clients and their families claim compensation for many different types of brain and head injuries, including concussions, skull fractures, diffuse axonal injuries, and subdural haematomas, to severe traumatic brain injuries.
In regard to concussion injuries, we have successfully represented clients who have suffered from concussions and post-concussion syndrome.
What is a concussion?
Concussion is the most common form of injury to the brain. The labels ‘concussion’ and ‘head injury’ are often used interchangeably. Most people fully recover from a concussion relatively quickly, but some can suffer ongoing, persistent symptoms. When symptoms do persist, this is usually referred to as post-concussion syndrome.
A concussion may be caused by a direct bump or blow to the head, for example, a collision while playing a contact sport or a road traffic accident. Concussions can occur even if there is not a direct blow to the head. Concussions are also caused by sudden jolts or violent shaking, which can cause the brain to bounce, shake or twist within the skull.
Through either a direct blow or a jolt, these forces can stretch nerve fibres and can create chemical changes which can damage brain cells, leading to a concussion.
What is post-concussion syndrome?
Gladly, the majority of people with concussion find their symptoms ease and disappear over time. However, for some, symptoms continue more than three months after the original injury.
Post-concussion syndrome (which is sometimes called post-concussive syndrome) is an umbrella term for a cluster of difficulties that are present three months or more after an injury and may include:
- Regular and persistent headaches
- Anxiety
- Dizziness
- Fatigue
- Difficulties with memory
- Irritability
- Sensitivity to noise or light
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 could I claim for a concussion injury?
The amount of compensation you may be able to claim for a concussion injury will depend on how severe the injury is and the effect it has on your life.
Compensation is calculated to reflect the pain and suffering you have experienced, as well as any loss of earnings and the cost of any future care you may need.
While there is no set amount of compensation, as each case is unique and judged based on its individual circumstances, compensation payouts for concussion injury claims can vary from £2,690 for relatively minor symptoms to £493,000 for the most severe.
How is compensation for a concussion injury claim calculated?
Compensation for a concussion injury claim is calculated by combining the amounts you may be entitled to for general damages and special damages.
What are general damages for concussion 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 concussion injury claims?
Compensation for special damages for concussion 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 whose symptoms are severe, as 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 concussion injuries, as comprehensive long-term care is required in many cases.
Our specialist head 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.
Concussion Injury Specialists
We focus solely on brain injury claims, including concussions injuries. 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 is compensation for future losses in relation to a concussion injury claim?
In almost all types of brain injury claims, including concussions, 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 more serious 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 concussion injury claim?
Yes, you can make a concussion injury claim on a no win, no fee basis.
We always offer our legal services on a no win no fee basis.
No win no fee legal services are offered through what is known as a Conditional Fee. Agreement (CFA). This agreement means there will be a fee payable only if you win the case
Additionally, we provide an After the Event (ATE) insurance policy that protects you in the rare instance that the claim is unsuccessful.
While many firms take up to 25% of the compensation awarded, we typically charge only 10%.
How much does it cost to make a no win no fee concussion injury claim?
In addition to the protection our no win no fee agreement provides, you may receive more compensation when choosing us to represent you.
Unlike many other types of personal injury claims, sometimes the majority of the total compensation awarded for brain injuries is for the essential ongoing care and support you may need. While some firms think it may be reasonable to deduct 25% from this amount, we don’t, which is why we cap our overall fees at just 10%.
What does this mean?
In a case valued at £1 million, you would receive £150,000 by choosing us over a firm that may deduct 25% of the total compensation for their services.
Our example below shows the significant difference in the compensation you may receive.
| 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 |
Additionally, our clients are protected from any upfront or hidden costs, and we regularly fund rehabilitation expenses in advance, so you can access treatment as quickly as possible, when you need it most.
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.
How do I start a concussion injury compensation claim?
To begin a concussion 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.
What evidence do I need to start a concussion 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 was 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.
What is the process when claiming for a concussion injury?
The process for a concussion injury claim usually involves seven main steps:
- 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 that 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.
Support Beyond The Claim
Many of our clients come through recommendations from doctors, concussion 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 concussion injury claim?
The time limit to make a concussion injury claim is three years from the date the injury happened or the date a medical professional diagnosed your injuries. This time limit is set by the Limitation Act 1980.
However, there are some 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 concussion suffered by 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 concussion 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 a concussion injury can be complex. We recommend starting your claim as soon as possible so we can gather the strongest evidence while the details are still fresh and all relevant documentation is available.
Rest assured, our specialist solicitors will guide you through every stage of the process and work to secure the compensation you are entitled to.
How long does a concussion injury compensation claim take?
The amount of time it may take for your concussion injury claim to settle will depend on how complex the claim may be.
Concussion injury claims, especially those with post-concussion syndrome, 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 understand the long-term impact of the injury fully.
Can I claim for a concussion injury on behalf of someone else?
Yes, you may be able to claim compensation for a concussion injury on someone else’s behalf in certain circumstances.
You can make a claim if the injured person lacks the mental capacity to take legal action themselves, which unfortunately can be the case because of the injury suffered.
You can also claim on behalf of a child.
In both situations, you would act as a litigation friend. This is a role approved by the court, usually taken on by a trusted family member, parent, guardian, or carer. A litigation friend is responsible for making important decisions about the claim, including working with solicitors and approving any proposed settlement, always acting in the best interests of the injured person.
Frequently asked question about concussion injuries
What are the symptoms of concussion?
It is common to associate concussion with being ‘knocked out,’ or the loss of consciousness. However, loss of consciousness only occurs in about ten per cent of concussions and is not required for a diagnosis.
The symptoms of concussion frequently include headache, dizziness and difficulty balancing. There may also be difficulties with speech and memory.
When there has been a blow to the head which causes evident symptoms, the likelihood of concussion is clear.
However, in many cases, this may be less evident: during fast-moving contact sport, a blow to the head may not be seen. Concussion can occur from an incident that may not appear serious, such as slipping over and bumping your head upon falling.
Therefore, even if the cause of the injury seems mild or is unclear, it is essential to pay attention to possible symptoms of concussion. Symptoms usually occur within 24 to 48 hours after the injury.
Should you go to the hospital if a suspected concussion has happened?
Yes, any suspected cases of concussion should be seen and assessed by a doctor, even if symptoms seem to be mild or the person seems to be recovering. The current recommendation is that all concussions should be taken seriously.
The Accident and Emergency department is best because of the access to CT and MRI scanning equipment. A concussion is unlikely to be seen on a regular CT or MRI scan.
This is because the changes are minimal and will not appear in standard imaging technology.
You may have a CT or MRI scan, but these are primarily to check for any signs of swelling (edema), bleeding (hemorrhage), bruising (hematoma) or fluid in the brain which may need monitoring or treatment. If anything is seen on a scan, then the diagnosis is usually not a concussion or mild traumatic brain injury, but generally classed as a moderate or even a severe brain injury.
Are concussions always correctly identified at A&E?
Unfortunately not. The principles of triage in accident and emergency hospital departments shape the framework for classifying brain injuries. It helps clinicians to decide who should have immediate access to CT and MRI scans, who should stay in hospital for monitoring and care (severe and moderate) and who can be sent home with advice (mild).
However, the main shortcoming of this system is for the large category of people assessed as having a mild traumatic brain injury (mTBI).
Approximately 90 per cent of people with a brain injury are classified as mild. These patients may not be offered a brain scan, or if they are, the scan may not identify any damage. They may be told they have a mild concussion, sent home and told they will recover over time.
However, a significant proportion of these patients do not make a full recovery and experience long-term difficulties. A recent study found 53 per cent of patients classified as having mild traumatic brain injuries still reported functional deficits a year after their original injury occurred. Functional deficits included difficulties completing tasks, concentrating and social functioning.
This is why we believe it is imperative to have comprehensive monitoring of all people who have suffered a concussion injury of any severity to ensure symptoms are not missed and the correct treatment is provided.
Why is concussion often missed?
Concussion can be easy to miss because there may be no external sign of injury, no loss of consciousness, or there may be other more immediately serious injuries that are focused on.
All patients are advised that they are likely to recover from a concussion quickly, and this is the case for the majority of people. However, when this is not the case, there may be difficulties recognising that the problems an individual continues to experience are due to the original concussion.
In our experience, those with persistent symptoms may have difficulty explaining this to employers, family and doctors as they think they should have recovered by now. Also, the symptoms can be confused and overlap with other conditions, such as depression or as a consequence of the traumatic event (such as Post Traumatic Stress Disorder).
This can mean that the concussion or persisting symptoms can be missed and people can have difficulties getting access to the treatment, rehabilitation, education and support systems that they need. We understand the difficulty that this can cause, and we specialise exclusively in concussion and brain injury cases.
Sometimes it is the family member, equally as much as the injured person, that notices and feels that “they are simply just not right”. We work closely with those who we believe are the best concussion and brain injury specialists around the country and will make it a priority that you get access to the treatment, rehabilitation and support you need. We take over cases from other solicitors where the client or family members feel that they need advice from a specialist in concussion and brain injury claims.
If you would like some further advice or just someone to talk to, then please do not hesitate to get in contact with us. All initial advice is in absolute confidence at no charge and without any commitment.
What is the medical definition of a concussion?
A concussion is usually defined in situations when a person has suffered a blow or jolt to the head that causes a change in brain function and mental state, including feeling dazed, disorientated or confused or any loss of memory.
And where none of the following indicators are exceeded:
- No loss of consciousness or loss of consciousness under 30 minutes
- Glasgow Coma Scale (GCS) of 13 – 15
- Post-traumatic amnesia (memory loss) less than 24 hours
- A clear CT or MRI scan (no bleed or bruising evident)
Many patients are told no damage is evident and are sent home, advised to rest, to avoid alcohol and driving until symptoms improve. This is because the majority of people recover relatively quickly.
What to do if symptoms of concussion don't improve?
In adults, symptoms would usually be expected to improve within 10 to 14 days of the injury occurring. In children and adolescents, who are recognised as being more susceptible to concussion, symptoms may take up to four weeks to improve.
If you or your family member is experiencing these symptoms, it is essential to go back to the hospital urgently:
- Loss of consciousness
- New deafness in one or both ears
- Loss of balance or problems walking
- Any weakness in one or both arms or legs
- Any vomiting
- Clear fluid coming out of your ears or nose
- Drowsiness when you would normally be wide awake
- Increasing disorientation
- Problems understanding or speaking
- Blurred or double vision
- Severe headache not relieved by painkillers such as paracetamol
- Bleeding from one or both ears
- Any fits (collapsing or passing out suddenly)
- Inability to be woken
We know from studies that a significant majority do not recover quickly and suffer ongoing, persistent symptoms. These symptoms may be linked with the original concussion, although sometimes, people find they are struggling in a number of ways, but it may not be immediately apparent that this is due to concussion.
Post-concussion syndrome is a recognised diagnosis of symptoms associated with concussion for those who do not recover within these time frames. This diagnosis is commonly given at around three months, but may be given sooner. We consider post-concussion syndrome in more detail here.
Why do some people develop post-concussion syndrome?
The reason why some people continue to experience difficulties after a concussion while others recover is not fully understood.
There is not always a clear link between the severity of the injury and post-concussion syndrome: those with apparently mild concussion may experience ongoing difficulties.
One theory is that tiny areas of bruising, not evident in a standard scan, can cause symptoms of post-concussion syndrome; other theories suggest the original injury causes a chemical imbalance in the brain.
Some studies suggest certain groups face a comparatively higher risk of developing post-concussion syndrome: young males, older people, people with a history of mental health problems, sportspeople, particularly if they have experienced more than one incident of concussion.
How is post-concussion syndrome diagnosed?
There is no definitive test for post-concussion syndrome. It is a diagnosis made after a medical history, considering the original injury and presenting symptoms. Sometimes, specialist imaging may be helpful to pinpoint changes within the brain, although they may not always be visible.
A very careful, detailed assessment of symptoms is required. It is recognised that a person may be experiencing difficulties that reflect changes within the brain combined with psychological and emotional factors. There may be trauma from the original injury and high levels of anxiety about what is happening, why they are not able to return to normal.
There are often significant impacts upon family members of the affected individual, such as rising levels of irritability and complex behaviour.
People with post-concussion syndrome and their families need a skilled assessment and wide-ranging support to meet their health, emotional and cognitive needs.
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.