Brain injury claims

In most cases, you have three years from the date of the injury to make a claim. There are exceptions to this, such as if the injured person is a child or lacks capacity, so if you’re unsure, it’s worth speaking to someone for reassurance.

Every claim is different. Some are resolved relatively quickly, while others take longer to ensure your future needs are fully understood. What matters most is taking the time to get things right, without rushing you while you’re recovering.

Making a brain injury claim can feel overwhelming at first, but our team will guide you every step of the way. Our expert brain injury lawyers can help you understand the nuances of a serious brain injury claim and quickly determine if you have a case, getting your claim started as efficiently as possible.

Here’s what to expect when you contact our brain injury specialist solicitors.

Free, no-obligation consultation

Your first step is a private, no-obligation conversation with one of our brain injury solicitors. We’ll take the time to understand how the accident happened, the symptoms you or your loved one are experiencing, and how the injury is affecting daily life.

You don’t need to have all the answers or paperwork ready. This initial discussion is about listening, offering clarity, and helping you understand whether a brain injury claim may be possible – at a pace that feels right for you.

Case assessment

If it appears that you may have a valid claim, we’ll carry out a detailed assessment of your case. This involves reviewing how the accident occurred, who may be responsible, and the medical evidence relating to your brain injury.

We’ll explain the strengths of your case, any challenges to be aware of, and what a realistic path forward looks like. Our aim is to ensure you feel informed and confident before any decisions are made.

Evidence & investigation

Building a strong brain injury claim requires careful investigation. Our team will gather the evidence needed to support your case, which may include accident reports, witness statements, medical records, imaging results, and expert neurological opinions.

We’ll also look beyond the injury itself, documenting how it has affected your work, independence, relationships, and future needs. While we handle the legal and evidential work, we’ll guide you on anything helpful you can provide without placing unnecessary pressure on you or your family.

Negotiation & settlement

Most brain injury compensation claims are resolved through negotiation rather than court proceedings. Our solicitors will deal directly with insurers or opposing parties, pushing for a settlement that reflects the true, long-term impact of the injury – not just the immediate effects.

If a fair outcome cannot be reached through negotiation, we’ll discuss the option of court proceedings with you clearly and honestly. Should your case proceed, you’ll be fully supported and represented at every stage.

Compensation

Compensation following a brain injury is about securing stability and protection for the future. Where possible, we seek interim payments during the claim to fund rehabilitation, care, equipment, or adaptations before the case concludes.

We work closely with rehabilitation specialists, case managers, and support services to help ensure the right care is in place, both now and in the years to come. Our commitment doesn’t stop at settlement; we help you rebuild your life with confidence, dignity, and the right support.

Traumatic brain injuries (TBIs) can occur in a wide range of situations, and their impact can be life-changing. Some of the most common causes include:

Road traffic accidents – including collisions involving cars, motorbikes, bicycles, and pedestrians

Workplace and military accidents – particularly in high-risk environments such as construction, manufacturing, or active service

Slips, trips, or falls – in public places, private properties, or at work

Sporting injuries – where organisers or coaches fail to provide proper safety equipment, medical supervision, or maintain a safe playing environment

Criminal assaults – in cases where a brain injury was sustained through violence, you may be eligible to claim through the Criminal Injuries Compensation Authority (CICA)

To bring a successful brain injury claim, three key things must apply:

You were owed a duty of care – for example, by an employer, driver, or other responsible party.

That duty was breached – meaning the care or conduct you received fell below an acceptable standard.

The breach caused your brain injury – there must be a clear link between the negligence and the harm suffered.

To give your claim the highest chance of success, you should choose an experienced brain injury lawyer to represent you. At Fletchers, we will gather evidence, consult medical experts, and build the strongest possible case on your behalf.

In some situations a family member can make a claim on behalf of someone with a brain injury. This is usually possible if the injured person is a child or does not have the mental capacity to manage a claim themselves. A family member can act for them and make decisions in their best interests.

Diffuse axonal injury is one of the most serious types of brain injury. This is where the brain is twisted or shaken inside the skull so much that the connecting fibres in the brain shear or tear. The larger the shears, the more intense your loss of function is. Diffuse axonal injuries are also hard to detect even on an MRI scan, as the tears are sometimes microscopic in size.

A traumatic brain injury (TBI) is caused by an external force such as a blow, jolt, or bump to the head where the skull is pierced, which may lead to disruption in the normal function of the brain.

This can occur during accidents at work, road traffic incidents, falls, sports injuries, or assaults. Our team can help you with traumatic brain injury compensation claims.

Fletchers offers support for families of brain injury patients. We believe that a brain injury impacts many different people and are committed to providing the help you all need. We also partner with the brain injury organisation, Headway, who can further support individuals and families affected by brain injuries.