What is a head injury compensation claim?
A head injury compensation claim is a legal process for people to claim financial compensation after they have suffered a head injury because of someone else’s negligence or fault.
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.
Compensation is awarded to put the person claiming back into the position they would have been in if the injury had not happened, including covering lost income, medical expenses and for the pain and suffering caused by the injury.
Most often, head injury compensation claims are brought as a result of injuries caused by road traffic accidents or accidents at work.
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 claim compensation for a head injury?
In the majority of cases, you can claim compensation for a head injury within three years from the date the accident took place or the date the injury was diagnosed, but there are some exceptions to this rule.
You have a legal right to make a compensation claim for a head injury if the injuries you suffered were not your fault and it can be proven they 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, your employer may have breached the duty of care by failing to create a safe working environment.
Similarly, if you have suffered a head injury in a car accident, the person who caused the accident has breached their duty of care as a fellow road user.
No matter the setting, in general, if it can be proven that someone responsible didn’t act with reasonable care, and their action led to your accident, you may have a right to claim compensation.
In some circumstances, you may be able to claim compensation for a head injury even if the other party involved was only partly responsible for your injuries.
What types of head injuries can I claim compensation for?
You can claim compensation for a range of head injuries, including those resulting from facial injuries, through to concussions and skull fractures.
As the only solicitors in the UK that specialise exclusively in head and brain injury claims, our expert team has extensive experience helping support families through the unexpected and unwanted process of claiming compensation.
Some of the most common types of head injury compensation claims we have represented clients for include:
While these types of head injuries can occur in any setting, the majority of our clients have suffered head injuries caused by negligence in the workplace, including falls from heights or accidents in agricultural and farm settings.
In addition, a large number of our clients have suffered head injuries from road accidents.
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 head injury?
The amount of compensation you may be able to claim for a head injury will depend on the severity of the injury and its impact on your life. According to the Judicial College Guidelines from the Ministry of Justice, compensation payouts for head injuries can vary from £2,690 for minor injuries to £493,000 for the most severe.
There is no set amount of compensation awarded, as each case is unique and judged based on its individual circumstances. 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.
What is the average amount of compensation for a head injury claim?
The average compensation for a head 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.
How is compensation for a head injury calculated?
Compensation for head 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 head 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 impact the injury has on the quality of life and the long-term prognosis.
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 a claim.
| Type of Injury | Amount of Compensation | Level of Injury |
|---|---|---|
| Very Severe Head Injury | £344,150 – £493,000 | Vegetative or minimally conscious state. Little or no response to environment. Full-time care required. |
| Moderately Severe Head 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 Head 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 Head 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 Head 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 Head 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 Head 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 head injury compensation calculator to see the amount of compensation you may be able to claim for general damages.
Head Injury Compensation Calculator
Try our head 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, head injury 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 head injury claims?
Compensation for special damages for head injuries is to cover for loss of income and expenses you may have incurred or may incur in the future as a result of your head injury.
The amount of compensation for special damages you may be able to claim is particularly important for those who have suffered a severe head 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 head 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 specialist solicitors today to understand your legal rights and how we can help support you.
Head Injury Specialists
We focus solely on head and 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 head injury claims?
In almost all compensation claims for head injuries, 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 serious head 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 Head 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 Head 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 Head 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 Head 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 Head 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 Head 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 Head 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 head brain injury claims, we always offer a no win no fee service
Can I make a no win no fee head injury claim?
Yes, you can make a head injury compensation 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 head 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 head 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 head injury claim 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 head 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, head 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 head injury claim?
In most cases, you have up to three years to make a head injury claim. This time limit starts from the date the injury happened or the date a medical professional diagnosed it. This time limit is set by the Limitation Act 1980.
However, there are several 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 head 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 head 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 reported the incident to the police as soon as possible after the event.
The process for claiming compensation for head injuries can be 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.
How do I start a head injury compensation claim?
To begin a head injury compensation claim, the first step is to contact a specialist head injury solicitors such as Coulthursts.
With decades of combined specialist legal experience representing clients who have suffered head 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 head injury claim?
To understand your legal rights, we may ask you for some details on the events that led to your head injury; this may include things such as;
- When, where and how the head 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.
The Coulthursts Story
Find out more about what makes Coulthursts different.
How does the head injury claim process work?
Typically, the process for a head 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 head 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 head injury compensation claim take?
How long it takes to settle a head injury claim will depend on how complex your case is. Head injury claims are typically complex, often due to the time needed to collect detailed evidence and assess the long-term impact of the injury on the person’s life.
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 head and 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.
Low Caseload, Full Focus
With ultra-low caseloads, typically around just five cases each so 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 be my legal representative during my head injury claim? How do I know they have the right expertise?
Every one of our solicitors is a specialist in head injury compensation claims, it’s all we do.
Coulthursts is the only law firm in the UK that works exclusively on head and 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 head and 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 my head 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.
Can I get financial support during the head injury claim process?
In many cases, yes, through interim payments. An interim payment 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.
Frequently asked questions when considering making a claim for a head injury
What is a head injury?
A head injury is any type of injury to the head, brain, skull, scalp, or underlying tissues and blood vessels.
Head injuries can range in severity from a mild bump or bruise to a severe traumatic brain injury or skull fracture.
Often, the terms head injury and concussion are used interchangeably, and (serious) head injury and brain injury are likewise often used interchangeably, but each has their own distinct meaning.
For the safety of the person injured, all head injuries, even mild head injuries, should be treated seriously with a comprehensive medical assessment to consider the possibility of a brain injury, as it’s not always obvious that damage to the brain has occurred.
Furthermore, medical assessments should take place over a period of time after the accident, as symptoms of a brain injury may not be apparent at the time of injury and may only become evident after subsequent days and weeks.
Head injuries are classified as being either closed or open.
Open head injuries
Open head injuries occur when an object strikes a person’s head, penetrating the person’s skull and brain. These injuries are also sometimes called penetrating head injuries.
Closed head injuries
Closed head injuries involve a blow or jolt to the head which doesn’t penetrate, but the sudden force may damage, stretch or shake brain tissue, causing harm without penetrating through the skull.
Neither type of head injury is more serious than the other; both have very significant risks and require medical assessment.
A significant concern with an open head injury is the risk of infection and contamination. Damage caused by a closed head injury may be less visible, but swelling within an injured brain is a particular concern.
Can I claim compensation for a head injury on behalf of someone else?
Yes, you may be able to claim compensation for a head injury on someone else’s behalf in the following circumstances;
You can make a claim if the person has lost the mental capacity to take legal action themselves — especially if the head injury was 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.
Authorisation from the court is required 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 claim for a head injury if I was partly my fault for the accident?
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.
Will I have to attend a medical appointment when making a claim for a head injury?
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 to claim compensation for a head 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 change solicitors 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.