What is a diffuse axonal injury compensation claim?
A diffuse axonal injury compensation claim is a legal process for people to claim financial compensation after they have suffered a diffuse axonal brain injury or DAI 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 had the injury not happened.
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 impact the injuries will have on you and your loved ones’ lives.
When can I make a diffuse axonal injury claim?
In the majority of cases, you can make a diffuse axonal injury claim within three years from the date of the accident that caused the DAI or the date the DAI was diagnosed.
You can claim compensation for a DAI 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 diffuse axonal injury even if the other party was only partly responsible for your injuries.
What is a diffuse axonal injury?
Diffuse Axonal Injury (DAI) is a type of traumatic brain injury (TBI) in which multiple areas of the brain are damaged.
It occurs when the brain is violently shaken or jolted inside the skull, causing the brain tissue to move back and forth. This movement can tear the brain’s connecting A diffuse axonal injury (DAI) is one of the most severe forms of traumatic brain injury. fibres, disrupting the way neurons communicate and leading to significant neurological impairment.
Damage from a DAI can affect the brain’s electrical signals, impacting movement, sensation, speech, memory, and consciousness.
The injury is described as “diffuse” because, unlike many other brain injuries, it affects a large area of the brain. Although damage can be widespread, DAIs are more difficult than other types of traumatic brain injuries to detect on initial scans.
Depending on the seriousness of the DAI, symptoms can include:
- Long-term loss of consciousness
- Temporary or repeated short-term loss of consciousness
- Headaches
- Dizziness and nausea
- Loss of balance
- Changes to sleep patterns
- Cognitive impairments
- Behavioural and emotional changes
- Change in motor skills and functions.
DAIs can range in severity from mild to severe, with varying effects on consciousness and the potential for long-term consequences.
What types of accidents can cause diffuse axonal injuries?
Diffuse axonal injuries can be caused by any sudden and rapid impact to the head, but are seen most commonly in car accidents, when the head is thrown back and forward due to the vehicle being impacted.
Additionally, we see DAIs in many accident at work brain injury claims we handle, usually when someone has fallen from a height and the force of the fall has led to a DAI.
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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
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We are committed to offering a no win, no fee service.
How much compensation can I claim for a diffuse axonal injury?
The amount of compensation you can claim for a diffuse axonal injury will depend on the severity of the injury 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 require.
There is no fixed amount for these claims, as every case is assessed individually based on its specific circumstances.
How is compensation for a diffuse axonal injury calculated?
Compensation for diffuse axonal 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 diffuse axonal 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 general damages, you can claim for special damages.
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.
What are special damages for diffuse axonal injury claims?
Compensation for special damages for a diffuse axonal injury 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 diffuse axonal 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 diffuse axonal injury claims. Speak to our expert team today to understand your legal rights and how we can help support you.
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 long do I have to make a diffuse axonal 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 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 diffuse axonal injury on behalf of a child, you can start the claim at any point until they turn 18 after which they can start their claim any time up until their 21st birthday.
If your diffuse axonal injury was caused as a result of an assault, you will have two years from the date of the assault to start your claim. It’s important that you have reported the incident to the police as soon as possible afterwards.
The legal process for claiming compensation for a diffuse axonal injury 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.
Can I claim for a diffuse axonal injury on behalf of someone else?
Yes, you may be able to claim compensation for a diffuse axonal injury on behalf of someone else in the following circumstances;
You can claim for a diffuse axonal injury on behalf of someone who may lack the mental capacity to take legal action themselves. This is especially relevant if the 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.
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.
When can I make a no win no fee diffuse axonal injury claim?
We are committed to providing a no-win, no-fee service, 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.
How much does it cost to make a no win no fee diffuse axonal 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 diffuse axonal injury claim with us, and if your claim is successful, the party you are claiming from will pay the legal fees.
Additionally, unlike other firms, we can provide medical treatment and support at our cost, meaning your rehabilitation won’t be delayed by insurance companies delaying authorisation.
What evidence do I need to start a diffuse axonal injury claim?
To understand your legal rights, we may ask you for some details on the events that led to your DAI; 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.
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 does a diffuse axonal injury compensation claim take?
The amount of time it may take for your diffuse axonal injury claim to settle will depend on how complex the claim is.
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.