Your claim, explained
What should a brain injury enquiry explain?
Describe the diagnosed or suspected injury and the changes noticed in memory, concentration, behaviour or everyday functioning. Separate observations from diagnosis. Family accounts can be useful, while consent and authority to instruct must remain clear.
Make everyday changes visible without overstating certainty
Details that help an individual assessment
A physical recovery can coexist with difficulties planning a journey, managing appointments or sustaining work. Keep practical examples with dates, including improvements as well as problems. Explain the person’s pre-injury routine and abilities so the comparison has a reliable starting point.
Medical imaging is only part of the wider clinical picture and should not be interpreted by the family as a legal conclusion. Relevant specialist assessments may address different aspects of functioning. If someone struggles with decisions or communication, discuss support and representation arrangements early without assuming that any brain injury automatically removes legal capacity.
Before you contact us
Record less visible effects as well as physical symptoms
A brain injury may affect concentration, memory, fatigue, behaviour and everyday decision-making as well as mobility. With the person's agreement where appropriate, relatives may help explain changes that are difficult to describe during a consultation. Medical assessment remains central to understanding those changes.
Useful information to have to hand
- Keep neurological and rehabilitation correspondence together.
- Note practical examples of changed routines, support needs or work difficulties.
- Tell us if there are concerns about the person's ability to understand or give instructions.
A point worth checking early
Do not present assumptions about recovery or capacity as medical conclusions. Explain what has been observed and which professionals have assessed it.
Request an individual assessment →Brain injury affects far more than physical function. Fatigue, memory difficulties, irritability, loss of insight and changes in personality are frequently the most disabling consequences, and they are often invisible to people outside the family.
We work with neurological experts, case managers and families to document the true extent of the injury. Where capacity is affected, we also advise on deputyship and on protecting damages for the long term.
When can you pursue compensation?
- A head or brain injury was caused by another party's negligence.
- This includes so-called mild traumatic brain injury where lasting cognitive symptoms persist.
- Where the injured person lacks capacity, limitation does not run in the usual way and a litigation friend acts for them.
- Claims can also arise where an avoidable delay in treatment worsened the outcome.
Circumstances to discuss with a solicitor
- Road traffic collisions involving head impact
- Falls from height at work or on unsafe premises
- Assault-related head injury
- Hypoxic brain injury following medical incidents
- Post-concussion syndrome with persisting cognitive symptoms
- Injuries requiring neurosurgical intervention
What Compensation Could I Claim?
- General damages reflecting cognitive, behavioural and physical consequences
- Case management and support worker costs over the long term
- Loss of earnings and lost career progression
- Neurorehabilitation, neuropsychology and speech and language therapy
- Court of Protection and deputyship costs where capacity is affected
Recoverable compensation depends on the injury evidence, supported losses and applicable claim route.
Evidence That Helps
- Acute records including Glasgow Coma Scale scores and imaging
- Neurology, neuropsychiatry and neuropsychology reports
- Family statements describing day-to-day changes since the injury
- Educational or employment records showing pre-injury functioning
- Care and occupational therapy assessments of support needs
How Long Could the Claim Take?
Brain injury claims are among the longest running because the prognosis can continue to evolve for years, particularly in younger claimants. Rehabilitation and interim payments are pursued early so support is not postponed.
Costs and funding for brain injury claims
What to clarify before you instruct
Ask which specialist assessments are proposed, why each is needed and how their costs and any case-management work would be covered.
Compare funding options and potential cost risksBrain Injury Claims FAQs
The scan was normal. Can there still be a brain injury?
Yes. Significant cognitive symptoms can persist despite normal imaging. Neuropsychological testing is often the key evidence.
Who brings the claim if the injured person cannot?
A litigation friend, usually a close family member, acts on their behalf, and the court approves any settlement.
What is a case manager?
An independent professional who coordinates rehabilitation, therapy and support. Their input is frequently funded by the defendant's insurer under the rehabilitation code.
How are damages protected afterwards?
Through a Court of Protection deputyship or a personal injury trust, depending on capacity and on any benefits being received.
Should relatives record behavioural changes?
Record concrete observations and dates, not labels. Distinguish changes noticed first-hand from opinions or information received from others.
Can memory gaps be explained in a statement?
Yes. Mark what is remembered, inferred or unknown. Do not fill missing recollection with an agreed family reconstruction presented as personal memory.
What if work looks normal but takes much longer?
Describe tasks, fatigue and adjustments, supported by records where available. Attendance alone may not explain the practical effect on functioning.
Are school or university records useful?
They may help compare performance and support needs. Obtain relevant records lawfully and preserve context rather than selecting isolated grades.
Should earlier mental health history be disclosed?
Yes. A complete history helps assess cause and change. Relevant pre-existing difficulties should not be omitted because they complicate the narrative.
Can communication needs affect meetings?
Tell us what helps, such as written summaries, breaks or an authorised supporter. Agree arrangements rather than assuming standard meetings will be suitable.
What if family members disagree about changes?
Preserve different observations honestly. The assessment should examine evidence rather than force relatives into one account.
Are diary entries useful for concentration problems?
Examples of missed tasks, fatigue and assistance can help describe impact. Keep a balanced record of good and difficult days.
Does needing help with paperwork mean lacking capacity?
Not automatically. Support needs and legal capacity are different questions requiring appropriate consideration.
Can a person with brain injury still give instructions?
Potentially. The relevant capacity and communication arrangements must be assessed individually rather than inferred from the injury label.
What if difficulties became apparent after discharge?
Record when they emerged and discuss them with the healthcare team. Explain the timeline accurately in the legal enquiry.
Should I keep rehabilitation timetables?
They can show interventions, attendance and practical demands. Keep clinical recommendations alongside transport or care expenses.
Can support with managing money be considered?
Explain the observed difficulties and existing arrangements. The appropriate legal and practical solution depends on individual assessment.
What if an insurer relies on a short video?
Tell your solicitor about the activity and wider context. A short observation may need to be considered alongside medical and functional evidence.
Should social media be changed because of the claim?
Do not falsify or destroy evidence. Seek advice about privacy and disclosure while preserving relevant material accurately.
How can the first contact protect privacy?
Send a brief outline and communication needs initially. Agree authority and a private document-transfer method before sharing detailed neurological records.
Speak to our team
Explain the injury and any approaching deadline. We will confirm whether we can assess your enquiry.
Other personal injury claims
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