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Claims for brain injury compensation can provide crucial financial support for individuals and families dealing with the devastating effects of traumatic brain injuries. Understanding what compensation is available and the legal process involved can help those injured access the specialist advice they need to help with their recovery and ongoing care. Our Personal Injury team provide specialist expertise in brain injury claims to help secure maximum compensation for their clients.
Brain injury claims arise when traumatic brain injuries are caused by accidents that were not the claimant’s fault, such as road traffic collisions, workplace accidents, medical negligence, or assaults. The compensation system recognises both the immediate and long-term impact of brain injuries on victims and their families, helping to provide financial support for medical treatment, care needs, lost income, and compensation for pain and suffering.
Brain injury compensation consists of two main categories: general damages and special damages. General damages are to compensate for pain, suffering, and loss of amenity caused by the brain injury itself. These awards follow established guidelines but vary according to the severity and long-term impact of the injury on the claimant’s quality of life.
Special damages cover the financial losses and expenses resulting from brain injury. This can include lost earnings (both past and future), medical expenses, rehabilitation costs, care and assistance needs, home adaptations, specialist equipment, and ongoing therapy requirements. Calculating special damages requires detailed assessment of current and projected future needs.
The Judicial College Guidelines provide a guideline for compensation for general damages based on the severity of the injury. These range from a few thousand pounds for minor brain injuries where there is recovery within a few months, to several hundreds of thousands of pounds for very severe brain damage leading to total dependency on others. Headway’s guidance on the claim process provides additional information on brain injury compensation claims. Fosters’ Steve Green and Chris Turner are both Headway Panel members.
Minor brain injuries where a full recovery is expected within months and where there are temporary symptoms such as headaches, dizziness, or mild concentration difficulties that resolve without long-term effects on the claimant’s life or work capacity can lead to a damages award of between £5,000 and £15,000.
Less severe brain injuries with some ongoing symptoms but good overall recovery may attract an award of £15,000 to £45,000 for the more seriously injured where symptoms include persistent headaches, mood changes, or memory difficulties that affect daily life but do not prevent the person from working or maintaining their independence.
Moderate brain injuries where there is a noticeable memory or intellectual impairment can attract compensation of between £45,000 and as high as £200,000. These cases often involve cognitive deficits that affect work capacity, social functioning, or which need ongoing support for daily activities.
The most severe brain injury claims where there are significant daily care needs and cognitive deficits may recover damages of upwards of £300,000 – with the most severely brain damaged, who have a total dependency on others for their care, attracting the highest general damages awards of up to £500,000 – reflecting the profound impact on the claimant’s life and their family’s often changed circumstances.
Lost earnings represent a major component of special damages in brain injury claims. This requires careful consideration of the person’s pre-accident income, career prospects, promotion potential, and the impact of the brain injury on their ability to work. Future earnings calculations extend to retirement age and also take into account inflation and career progression that would have occurred if the injury had not occurred.
Care and assistance costs form another significant element of special damages where long-term care is required. Professional care costs are calculated on hourly rates for qualified carers, while family care is valued at commercial rates to compensate relatives who give up work or reduce their hours to provide care. Assessment includes current care needs and projected future requirements as the claimant gets older.
Medical expenses and rehabilitation costs covering both past and future treatment needs are also claimable. These include private medical treatment, physiotherapy, occupational therapy, speech therapy, psychological support, and any specialist interventions required to help with recovery and ongoing management of the claimant’s condition.
Specialist equipment costs can also form part of special damages calculations, including mobility aids, communication devices, computer adaptations, and any assistive technology required for daily living or employment. These costs are assessed by occupational therapy experts who identify current needs and future requirements.
Home adaptations may be necessary to accommodate the changed needs following brain injury. This can include wheelchair accessibility modifications, bathroom adaptations, stair lifts, or even relocation to more suitable accommodation if the current home cannot be adequately adapted for the claimant’s needs.
Transport costs including vehicle adaptations, additional travel expenses for medical appointments, and the increased cost of transport for someone who can no longer drive are also claimable. These expenses can accumulate significantly over time and form an important part of the overall compensation claim.
Establishing liability against a third party forms the foundation of any brain injury claim. A claimant must prove that another party owed them a duty of care, breached that duty through negligence or wrongdoing, and that this breach directly caused or materially contributed to their brain injury. This requires detailed investigation of the accident circumstances and expert evidence on causation – linking the injury to the accident.
Consequently, medical evidence plays a crucial role in brain injury claims. Independent medical experts assess the nature and extent of the brain injury, provide a prognosis for recovery, and identify ongoing treatment and care needs. Multiple specialists may be required, including neurology, neuropsychology, and neuro-rehabilitation experts.
Time limits apply to brain injury claims under the Limitation Act 1980. Generally, claims must be issued within three years of the accident or the date of knowledge of the injury. However, if the brain injury affects the claimant’s mental capacity, the time limit may be extended or suspended until capacity is regained.
Comprehensive evidence gathering strengthens a claim for brain injury and allows for accurate compensation assessment. Evidence includes medical records both from the accident and afterwards, witness statements, accident reports, photographs of the accident scene or injuries, and detailed accounts of how the injury affects daily life and the capacity to work.
Independent documentation is essential for special damages claims. Employment records, payslips, tax returns, and evidence of career progression before the injury all help to prove loss of earnings. Assessments from occupational therapists and case managers provide a professional evaluation of current and future care and therapy requirements.
Family impact statements help illustrate how the brain injury affects not just the immediate person but their loved ones who may become carers or suffer their own losses as a result of the injury. This holistic approach recognises the wider consequences of traumatic brain injuries on families and relationships.
Fosters Solicitors recently settled a claim for a seven-figure sum for a client who was a front-seat passenger in a vehicle which left the road and hit a tree, just prior to the Covid-19 lockdown. Our client suffered a serious head injury and will never be able to live independently again. Now in specialist long-term care, our client is able to engage with a number of therapists including occupational therapy, speech and language therapy and neuropsychology, who together are attempting to maintain and improve her quality of life.
Fosters’ Partner, brain injury specialist and Law Society Personal Injury Panel Member, Steve Green, who acted for our client, stressed the importance of seeking legal advice as early as possible after an accident. He said: “The sooner we are able to contact the defendant’s insurance company, the sooner we are able to obtain interim payments to fund initial supportive therapy to compliment that provided by the NHS. In this instance because our client’s family were unable to visit her in hospital, due to Covid, this meant she received an additional level of support from very early on after the accident.”
Brain injury specialists emphasise several key factors that maximise compensation outcomes:
At Fosters Solicitors, we have a great deal of experience in supporting clients who have been impacted by life-changing brain injury. This type of injury can be caused in many ways such as a blow to the head, or through negligence on the road, at work, or even as a result of an assault. Brain injury claims require expert advice and guidance both to pursue a claim for compensation and to help you obtain the best rehabilitation at the earliest opportunity.
Our experience and expertise is recognised by Headway, the brain injury association – with Partner Steve Green and Head of Personal Injury Chris Turner, both on their panel of recommended solicitors. We are also accredited members of the Brain Injury Group and listed in their professional service directory. Contact us for more information.
The benefits of bringing a claim for brain injury compensation include financial security for ongoing medical treatment, support that enables maximum independence, funding for equipment and adaptations that improve quality of life, and recognition of the family’s losses and changed circumstances. Compensation provides dignity and choice in care arrangements while relieving financial pressures.
Challenges include the complex legal process requiring specialist expertise, lengthy timeframes for resolution that can extend to several years, and the difficulty of quantifying future needs accurately. Emotional challenges include reliving traumatic events through the legal process and the stress of medical examinations and assessments during the compensation process.
Brain injury claims are legal actions seeking compensation for individuals who have suffered traumatic brain injuries due to another party’s negligence, covering both general damages for pain and suffering and special damages for financial losses.
Brain injury compensation varies significantly based on severity, ranging from £5,000 for minor injuries to upwards of £500,000 for very severe injury, plus special damages for lost earnings, care costs, and medical expenses that can run into millions in the most serious cases.
You can claim for any traumatic brain injury caused by another party’s negligence, including injuries from road accidents, workplace incidents, medical negligence, assaults, or defective products that result in concussion, brain damage, or cognitive impairment.
Generally, you have three years from the accident date or date of knowledge to bring a brain injury claim. However, if the injury affects your mental capacity, the time limit may be extended or suspended until capacity returns.
Essential evidence includes medical records showing the extent of the brain injury, accident reports and witness statements, proof of how the injury affects daily life and work, financial documentation to prove financial loss, and expert medical opinions detailing prognosis and future needs.
Family members can claim for their own losses resulting from caring for a brain injury victim, including lost earnings from giving up work to provide care and travel expenses.
General damages compensate for pain, suffering, and loss of amenity caused by the brain injury itself, following established guidelines. Special damages cover actual financial losses including medical expenses, lost earnings, care costs, and equipment needs.
| Brain Injury Severity | General Damages Range 2025 | Typical Symptoms |
|---|---|---|
| Minor | £5,000 – £15,000 | Full recovery within a few months |
| Less Severe | £15,000 – £45,000 | Some ongoing symptoms, but overall a good recovery |
| Moderate | £45,000 – £220,000 | Noticeable and permanent memory/intellectual impairments |
| Moderately Severe | £220,000+ | Significant care needs, cognitive deficits |
| Very Severe | £300,000+ | Total dependency on others for care |
This article was produced on the 29th October 2025 for information purposes only and should not be construed or relied upon as specific legal advice.
