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.
In the majority of cases, head injury compensation claims are brought as a result of head injuries caused by road traffic accidents or accidents at work.
When can I make a head injury claim?
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.
Why Choose Coulthursts?
Specialist Legal
We deal exclusively with brain injury claims.
Rehabilitation & Treatment
We pay for and arrange early treatment and support.
Financial
We provide financial advice and support, and ensure maximum compensation is obtained.
Emotional & Family support
We build our service around what you and your family need
No risk
We are committed to offering a no win, no fee service.
What 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:
- Concussion
- Skull fractures
- Traumatic brain injuries
- Diffuse Axonal injuries
- Brain haemorrhages
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.
Brain injury specialists
We focus solely on brain injury claims and we have experienced senior solicitors only – no delegation to junior staff, just expert-led support throughout.
That means every expert, decision, and step we take is tailored to support your recovery and future. With deep knowledge and the right contacts, we guide your case with genuine expertise – from start to settlement.
How much compensation can I claim for a 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, but amounts can range from a few thousand pounds up to hundreds of thousands of pounds for very severe injuries.
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.
According to the Judicial College Guidelines from the Ministry of Justice, compensation payouts for head injuries can vary from £2,200 for minor injuries to £403,990 for the most severe.
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.
| 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.
Low caseload, full focus
With ultra-low caseloads – typically around just five cases each – our solicitors have more time to work closely with you. You’re never just a file.
We build strong relationships, understand your needs in detail, and move things forward quickly—helping you feel fully supported and confident throughout the legal process.
What are special damages for 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.
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, you can start the claim at any point until they are 18, after which, they have until their 21st birthday to register their claim.
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.
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.
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.
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.
Can I claim 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 make a head injury claim for a loved one who has died?
Yes, you may be able to claim compensation for a loved one who has sadly passed away as a result of a head injury.
In most cases, the claim can be made by the executor of the Will or the person handling the deceased’s estate. You usually have three years from the date of death to start the claim.
Depending on the circumstances, you may be able to claim for pain and suffering, loss of financial support, and bereavement damages.
Can I make a no win no fee head injury claim?
Yes, you can make a head injury claim on a no-win, no-fee basis. 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 head 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 head injury claim with us, and if your claim is successful, the party you are claiming from will pay the legal fees.
Additionally, unlike many other firms, we provide medical treatment and support at our cost, meaning your rehabilitation won’t be delayed by insurance companies delaying authorisation.
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 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.
How does the head injury claim process work?
Typically, the process for a head injury claim involves up to 5 steps. These usually include;
- The assessment of your case
- The gathering of evidence and establishing liability
- The presentation of the claim to the other party
- Negotiation and settlement
- Court proceedings (on the rare occasion an agreement can not be made outside of court.)
If you decide you’d like us to represent you, we will walk you through the process of making a no win no fee claim, clearly explaining the fees and how you’re protected from any financial loss if your claim is unsuccessful.
Based on the information you can provide, we will instruct an independent medical expert to assess the level of injuries sustained and how they may impact your life. It is at this point we can help set up specialist treatment and rehabilitation, ensuring you’re in the best possible care.
Our solicitors will compile your case based on the information provided, the medical report and other documentation and represent your legal rights against the other party until a compensation amount is agreed upon.
Please rest assured that our expert 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.
Will I have to go to court?
We aim to resolve every case without the need for court. In the vast majority of claims, this is successfully achieved, even in the most complex of situations.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 approve any settlement formally.