What is a traumatic brain injury compensation claim?
A compensation claim for a traumatic brain injury is a legal claim for financial compensation after a person has suffered a traumatic brain injury (or TBI) due to someone else’s negligence or fault.
A traumatic brain injury is a brain injury caused by an external force, such as a blow to the head or a violent jolt. These injuries can occur in various situations, including accidents at work, road traffic accidents, and falls from height.
The amount of compensation you may be entitled to claim will depend on the severity of your injury, the pain and suffering caused, and the effect it has had on your life and the lives of your loved ones.
When can I make a traumatic brain injury claim?
If someone else’s negligence was the cause of your injuries, in most cases, you have up to three years from the date of the accident or three years from the date the injury was diagnosed when making a traumatic brain injury claim – but there can be exceptions to this rule.
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 TBI even if the other party was only partly responsible for your injuries. This is known as a split liability agreement.
What is a traumatic brain injury?
A traumatic brain injury is defined as a brain injury that is caused by an outside force, such as a forceful bump, blow or jolt to the head. The impact on the brain can lead to complications both in the short and long term. Traumatic brain injuries can be divided into two categories;
Non-penetrating traumatic brain injury
A non-penetrating TBI, also known as a closed head injury or a blunt TBI, is more common of the two and is caused by a severe external force that is strong enough to move the brain within the skull.
Closed head injuries are most commonly caused when the head is moved back and forth, or rotated, accelerating and decelerating rapidly. Such excessive movement can cause the nerve fibers in the brain to be twisted, stretched or even torn.
Car accidents and falls from heights are just two examples where a non-penetrating TBI can occur.
Even mild movements of the brain can lead to widespread damage. For example, a diffuse axonal brain injury occurs when the brain collides with the front of the skull, damaging the arteries and veins in the brain, leading to bleeding.
Penetrating traumatic brain injury
A penetrating TBI or also known as an open TBI, occurs when an object pierces the skull and enters the brain tissue. Fortunately, not as common as closed brain injuries, open brain injuries can be caused by bullet wounds or collisions with sharp objects.
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 traumatic brain injuries can I claim for?
You can claim compensation for a variety of types of traumatic brain injuries. While sometimes, brain and head injuries can be used interchangeably, the following types of brain injuries are classed as traumatic brain injuries.
Mild traumatic brain injury claims – mTBi’s often are concussions, and even though the name suggests these types of injuries may be considered mild, they can lead to significant and long-lasting effects on the brain.
Concussion injury claims – While these may be considered mild TBIs, concussion injuries can have long-term effects.
Skull fracture claims – Whether it’s a minimal fracture or a severe injury to the skull, skull fractures carry a number of potential neurological issues if not treated correctly.
Brain Haemorrhage claims – Internal bleeding and blood clots on the brain, like subdural, intracranial or epidural hematomas, can be life-threatening and cause permanent damage.
Diffuse axonal injuries (DAI) claims – Diffuse axonal injuries are one of the most severe types of traumatic brain injury. A DAI occurs when the brain is violently shaken or twisted inside the skull.
This movement forces the brain tissue back and forth, causing the connecting fibers within the brain to tear. This damage can disrupt the way neurons communicate, which can lead to significant neurological impairment.
Coup and contrecoup brain injury claims – Both types of injury can cause bruising to the brain, which may lead to serious and potentially long-term side effects.
A coup injury happens when a moving object strikes a stationary head, causing damage to the brain directly beneath the point of impact.
In contrast, a contrecoup injury occurs when a moving head strikes a stationary object, resulting in damage to the opposite side of the brain from where the impact occurred; in effect, the brain is struck by the back of the skull as it rebounds from the initial impact.
Second impact syndrome claims – Secondary impact syndrome claims, sometimes called “recurrent traumatic brain injury”, happens when the brain swells after a second concussion occurs before the symptoms of the first have fully resolved.
This second injury can happen within minutes, days, or even weeks of the initial concussion.
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 traumatic brain injury?
The amount of compensation you can claim for a traumatic brain 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 future care you may require.
There’s no standard amount as each case is unique and judged based on its individual circumstances.
What is the average amount of compensation for a traumatic brain injury claim?
The average compensation for a traumatic brain injury claim will vary significantly based on the unique nature of each claim, the severity of the injury and its impact on quality of life. Compensation payouts for TBIs can vary from £2,200 for minor injuries to £403,990 for the most severe.
How is compensation for a traumatic brain injury calculated?
Compensation for a traumatic brain injury is calculated by combining the compensation amounts you may be legally entitled to for general damages and special damages.
What are general damages for brain injury claims?
General damages are awarded for pain, suffering and loss of amenity, sometimes known as PSLA. The amount of compensation you may be able to claim will relate to the physical and psychological effects of your injury, including consideration of the loss of enjoyment of life and ability to participate in day-to-day activities.
The Judicial College from the Ministry of Justice publishes guidelines for compensation amounts in relation to the severity of your injury. These guidelines are used as a reference point for accurately valuing your claim.
| 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 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 traumatic brain injury claims?
Compensation for special damages for TBIs 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 brain 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 such cases. Speak to our expert team today to understand your legal rights and how we can help support you.
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.
How long do I have to make a traumatic brain injury claim?
In most cases, you have up to three years to make a traumatic brain injury claim. This time limit runs from the date of the injury or the date a medical professional diagnosed it, as set out in the Limitation Act 1980.
However, there are some important exceptions to this rule:
Mental capacity
If the injured person lacks the mental capacity to make a claim, there is no time limit. The three-year period only starts if they regain capacity or if someone is appointed to claim on their behalf.
Children
If you are claiming compensation on behalf of a child, you have the option to start the claim at any time. Once they turn 18, they have until their 21st birthday to start a claim, regardless of how long ago the injury occurred.
Criminal assault
If an assault caused the injury, you usually have two years from the date of the incident to start your claim. It’s important that you have reported the incident to the police as soon as possible after, so there’s no issues with limitation.
The legal process for claiming compensation for TBIs 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 make a no win no fee traumatic brain injury claim?
Yes, you can make a brain injury claim on a no-win, no-fee basis. We are committed to offering our legal services with 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 traumatic brain 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 traumatic brain 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.
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 do I start a traumatic brain injury compensation claim?
To begin a traumatic brain 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 traumatic brain injury claim?
To understand your legal rights, we may ask you for some details on the events that led to your TBI; 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 for a traumatic brain injury claim?
Typically, the process for a brain 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 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. Be assured, our solicitors have an extensive history of securing the very highest levels of compensation our clients are legally entitled to.
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.
Can I claim for a traumatic brain injury on behalf of someone else?
Yes, you may be able to claim compensation for a TBI on behalf of someone else in the following circumstances;
You can claim for a brain injury on behalf of someone who may lack the mental capacity to take legal action themselves. This is especially relevant if the brain injury you are claiming for is the cause.
Additionally, you can claim on behalf of a child.
In both instances, you can claim as a “litigation friend.” A litigation friend is a person who acts on behalf of someone who cannot conduct legal proceedings themselves and is usually a trusted family member, parent, guardian or carer.
The court must authorise this role to ensure that the litigation friend acts in the best interests of the injured person. The litigation friend will be responsible for making important decisions about the claim, including liaising with solicitors and authorising any proposed settlements.
Can I make a traumatic brain injury claim for a loved one who has passed away?
Yes, you may be able to make a brain injury claim for a loved one who has, unfortunately, died.
Typically, claims can be made by the executor of the Will or the person representing the deceased’s estate. The time limit to start the claim is three years from the date of death.
Depending on the circumstances of the claim, you can claim for pain and suffering, loss of financial support, and bereavement damages.
How long does a traumatic brain injury compensation claim take?
The amount of time it may take for your traumatic brain 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.
Will I have to go to court?
For every client we represent, we strive to ensure that their case does not reach court, a goal we achieve in the vast majority of cases.
Court is rarely 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 approve any settlement formally.
What is a mild traumatic brain injury?
The term “mild” can be misleading when comparing it to a traumatic brain injury. The term mild relates more to the severity of the accident and the initial symptoms, rather than the seriousness of the injury.
Approximately 75% of TBIs are considered mild and are usually non-penetrating traumatic brain injuries, leading to symptoms such as headaches, dizziness, or short-term memory problems. However, mild TBIs can lead to long-term issues if the injuries are not correctly diagnosed and managed.
What are the effects of a traumatic brain injury?
There are a number of potential complications caused by a TBI, and these can occur immediately after the accident, in the minutes or hours after, or at any time following.
Just some of the immediate complications directly following an accident could include swelling of the brain, rising blood pressure in the brain and a lack of oxygen.
Complications in the hours or days, or weeks after the accident can include blood clots developing, causing bruising or swelling.
Why medical assistance is vital
Receiving medical assistance is vital to limit the extent of the damage caused by a brain injury. Such assistance is critical not only in the first instance, but in the immediate aftermath and the days and weeks following the accident to minimise the severity of injury.