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.
Can I Make a Claim?
- 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.
Situations We Are Instructed On
- 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
What can be recovered in any individual case depends on the medical evidence and on the losses that can be proved. We do not estimate figures before that evidence is available.
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.
No Win No Fee Funding for This Type of Claim
A No Win No Fee agreement — known in law as a conditional fee agreement — is a written contract between you and your solicitor. Under it, our fee for the legal work becomes payable only if your claim is successful. It is a way of funding a claim without paying our costs up front. It is not a promise about the outcome of your case, and it is not available in every matter.
How a No Win No Fee agreement works
- Assessment first. We review the facts, the likely evidence and your prospects before deciding whether we can offer this type of funding.
- If the claim succeeds. The opponent is usually ordered or agrees to pay a substantial part of your legal costs. A success fee — a percentage uplift on our charges, capped by law in personal injury work — is deducted from your compensation. The percentage will be stated in your agreement before you sign it.
- If the claim does not succeed. You would not pay our fee for the legal work covered by the agreement. You may still be responsible for certain disbursements and, in some circumstances, the opponent’s costs, which is why insurance arrangements are discussed with you at the outset.
- Deductions and other costs. Expenses such as medical reports, court fees, expert evidence and any insurance premium are dealt with separately. We will explain which of these may be deducted from your damages and how they are calculated.
- Alternatives. You may already have legal expenses cover through a household, motor or credit card policy, or through a trade union. We will ask about this because it may be a better option for you.
Who may be eligible
Eligibility depends on the individual case, including whether another party appears to be legally responsible, whether the injury and losses can be evidenced, and whether the claim is brought in time. Some claims are not suitable for this form of funding. We will tell you honestly if we cannot act on this basis, and explain the alternatives that may be open to you.
The exact terms — including the success fee percentage, the disbursements involved and what would happen if the claim were unsuccessful — are set out in writing and explained to you before you decide whether to proceed. Nothing on this page is a guarantee about the outcome of a claim or a statement that any particular funding arrangement will be available. Please take advice about your own circumstances.
Speaking to a No Win No Fee Solicitor
The first conversation is an assessment, not a commitment. A solicitor will listen to what happened, identify who may be legally responsible and consider what evidence is likely to be available. In the context of brain injury claims, that usually means looking closely at how the incident occurred, what records exist and how your injury has affected your work and daily life.
Once we understand the case, we can discuss funding. Where a conditional fee arrangement is appropriate, we will explain the terms, the deductions and the risks in writing so that you can make an informed decision. Where it is not appropriate, we will say so and set out any alternative route available to you, including existing insurance cover or union support. Either way, you will know where you stand before any work begins.
Brain 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.
Speak to our team
Tell us what happened and we will assess the claim and explain the funding options that may be available to you, in writing, before you decide how to proceed.