If a head or brain injury has set you back, we'll help you move forward
Head and brain injuries, from mild concussions to severe trauma, can have a profound impact on an individual's life.
If your life, or the life of a loved one, has been affected by a head or brain injury we can help. If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation for your medical costs, long-term care, loss of quality of life, and potential financial losses due to a change in your work prospects.
You can make a compensation claim with the help and support of a personal injury solicitor.
In this article
You are not alone
The most comprehensive head and brain injury data set is published by Headway, the UK brain injury charity.
The most recent data reports 348,453 annual hospital admissions for Acquired Brain Injury (ABI). ABI refers to any type of brain damage that occurs after birth.
In the same period, there were 155,919 head injury hospital admissions.
Head injuries range from superficial cuts and bruises, to serious life-altering injuries. The number of unreported head injury accidents is likely to be much greater.
If you decide to make a head or brain injury claim, your personal injury solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you deserve.
Am I eligible for head or brain injury compensation?
You will be able to claim compensation if you've been injured or diagnosed with an illness in the last three years and it wasn't your fault.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Can I claim if I feel I was partly responsible for my accident?
Determining who is to blame for an accident is not always black and white.
In our recent 2023 Personal Injury Claimant Survey, 13.99% of respondents believed they may have been partly (or wholly) responsible for their injuries.
When fault on both sides caused a claimant's injuries, this is called 'contributory negligence'. In these situations, compensation may still be payable on the basis of a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after a head or brain injury do I have to start a claim?
In most cases, you have up to 3 years from the date of your accident or injury to start a claim.
If you were injured due to someone else's negligence but didn't realise it at the time, the clock starts ticking from the 'date of knowledge' - the day you become aware of your injury.
For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.
Who is legally responsible (liable) for my injury?
Duty of care
When making a compensation claim, your solicitor will need to establish that you were owed a duty of care by another party.
A duty of care is when a person, company or organisation has a legal obligation to safeguard the well-being of others.
UK laws impose a duty of care on employers, businesses, road users, local authorities, landlords and the owners and occupiers of other premises, to protect people from harm.
Who is liable for your head or brain injury will depend on where your accident happened:
Road accidents
Road users owe a duty of care to other road users. If you were injured as a driver, passenger or pedestrian, a claim against the party at fault should be possible. A claim may also be possible if you were partly responsible for the accident.
Read more:
Work accidents
If you were injured at work, your employer will probably be liable.
Businesses have a legal obligation to ensure that workers:
- are provided with a safe place to work
- are trained to carry out their role
- have the necessary tools and equipment
- are provided with any necessary Personal Protective Equipment (PPE)
Even if your injury was due to the negligence of a co-worker or fellow employee, the employer will usually be held liable under the principle of vicarious liability.
Read more:
Public place accidents
If you were injured in public place, like a shop, the owner or operator of the public space may be liable. If, for example, you are injured in a park or on a public road, the local authority may be liable.
The owner or operator should have public liability insurance to pay cover compensation if you are injured.
Read more:
Making a public place injury claim
Clinical negligence
Clinical negligence (also referred to as 'medical negligence') is when there has been a 'breach of duty' on the part of a healthcare professional.
A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.
Medical negligence claims differ from personal injury claims as the following will need to be established in order to make a successful claim:
- there was a breach of duty ("negligence" or "fault"); and
- the breach of duty was the cause of your head or brain injury ("causation" or "avoidable harm").
Read more:
Making a medical negligence claim
What symptoms can I claim for?
Head injuries are when there has been damage to the scalp, skull, or brain resulting from trauma. Even relatively minor head injuries can lead to headaches, nausea, dizziness and impaired visions.
If your injury has resulted in any pain, suffering or loss of amenity, a claim may be possible. You will also be able to claim for any costs or losses you incur, such as lost earnings.
Medical assessment
To make a successful claim, you will need a medical assessment to help establish that your accident caused your injury, to ascertain the severity of your injuries and consider the long-term impact on your life.
The report will help ensure that you receive the support, care and financial compensation you need.
A medical assessment is a routine part of every personal injury claim.
Serious injuries
Any injury that has or will have a significant impact on your daily life would be considered serious.
Your injury may have left you unable to work and needing ongoing treatment
Concussion, brain damage and other serious head injuries can result in unpredictable symptoms, including:
- Epilepsy and other seizures
- Mood swings and depression
- Personality changes
- Problems with speech
- Impaired coordination and movement
Whatever your symptoms, if your injury has had a detrimental affect on your life, a claim should be possible.
Sometimes, assessing the severity of a head or brain injury requires specialist medical expertise and additional medical assessments may be required.
How much compensation can I claim for a head and Brain injury?
The amount of money you could claim will depend on:
- the severity of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
Head and Brain injury
compensation calculator
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General damages
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
How is compensation calculated if I have multiple injuries?
Special damages
If it can be proved that your injury left you unable to work, special damages can be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.
These damages will also cover the cost of any medical procedures you might need to treat or recover from your head or brain injury such as monitoring, medication for symptoms, surgical intervention if needed and rehabilitation.
Read more:
A complete list of recoverable losses in a personal injury claim
Average head and brain injury general damages compensation
The following head and brain injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Sixteenth Edition by the Judicial College.
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
| Injury | Severity | Example | Amount |
|---|---|---|---|
| Brain injury | |||
| Brain injury | Minor | Minimal injury with full or near-complete recovery | £2,010 to £11,610 |
| Brain injury | Minor | Minimal injury with full or near-complete recovery | £2,010 to £11,610 |
| Brain injury | Less severe | Good recovery with a return to work and normal social life | £13,930 to £39,150 |
| Brain injury | Less severe | Good recovery with a return to work and normal social life | £13,930 to £39,150 |
| Brain injury | Moderate | Resulting in a lower degree of dependence | £39,150 to £199,150 |
| Brain injury | Moderate | Resulting in a lower degree of dependence | £39,150 to £199,150 |
| Brain injury | Serious | Resulting in serious disability and substantial dependence on others | £199,150 to £256,370 |
| Brain injury | Serious | Resulting in serious disability and substantial dependence on others | £199,150 to £256,370 |
| Brain injury | Severe | Very severe with the need for full-time nursing care | £256,370 to £367,260 |
| Brain injury | Severe | Very severe with the need for full-time nursing care | £256,370 to £367,260 |
| Epilepsy | |||
| Epilepsy | Moderate | Less severe epilepsy | £9,670 to £23,900 |
| Epilepsy | Serious | Established Petit Mal | £49,850 to £119,430 |
| Epilepsy | Severe | Established Grand Mal | £92,730 to £136,460 |
| Facial injuries | |||
| Facial injuries | Moderate | Multiple fractures of facial bones | £13,550 to £21,770 |
| Facial injuries | Serious | Le Fort fractures of frontal facial bones | £21,650 to £33,400 |
| Facial scars | |||
| Facial scars | Minor | £3,590 to £12,490 | |
| Facial scars | Moderate | £8,280 to £27,350 | |
| Facial scars | Severe | £16,330 to £88,480 | |
Claiming compensation for psychological injuries
If you have suffered psychological harm in addition to a physical injury or illness, you are not alone.
According to our 2023 Personal Injury Claimant Survey shows that 29.03% of potential claimants sustained a psychological injury, 70.97% of which related to a physical injury.
Brain injuries can cause significant anxiety and emotional distress due to potential cognitive and personality changes.
Compensation for psychological harm can help you access mental health support and therapies not always available through the NHS.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
How will head injury compensation help me?
A fundamental principle of personal injury law is that the law should try to return individuals to the state they would have been in if an accident and injury had never happened.
When making restitution to someone who has sustained a serious head injury, a financial settlement can only ever go so far.
The nature of a serious head injury is such that it can have life-changing repercussions for injured parties and their families. Recovery and rehabilitation can be a long, uncertain process.
Your expert personal injury solicitor will strive to get the maximum settlement for your head or brain injury:
- for general damages to cover loss of amenity, including memory loss and loss of faculties
- to reimburse medical expenses arising from the injury, such as treatment costs
- to cover ongoing treatment and care costs
- for other expenses, including travel costs to appointments
- to cover any lost earnings, and future loss of earnings
Caring and sensitive support
Your solicitor will handle your injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How has Quittance helped others?
We have assisted claimants in finding the right solicitor to help with a wide range of head and brain injury cases, including:
- Traumatic Brain Injuries (TBI)
- Subdural haematoma
- Subarachnoid haemorrhage
- Injuries resulting in loss of senses, mental faculties or physical ability
- Concussion
- Diffuse axonal injuries
- Open head wounds, including skull displacement and fractures
- Minor head injuries, scars and burns
What happened?
The claims process for a head or brain injury will depend on where and how the accident happened. Click the icons below for more information:
Injury FAQs
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No win, no fee head and Brain injury compensation claims
With no win, no fee, you can claim head and Brain injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
How we can help you with your injury claim
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
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Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.