How to make an acquired brain injury claim

Acquired brain injuries (ABIs) can have life-altering effects, impacting individuals and their families in various ways. ABIs can occur due to various causes such as medical negligence or workplace incidents, and if you have suffered as a result, you may be able to make an acquired brain injury claim. In this guide, you’ll learn  

• Whether you can make an acquired brain injury claim   
• When to speak to an acquired brain injury solicitor 
• How the claims process works   
• What compensation can cover   
• What evidence you’ll need   

Understanding the complexities of ABI cases and navigating legal avenues can be overwhelming. However, our expert legal team can provide clarity and support during such challenging times. Whether it’s securing compensation for rehabilitation, lost wages, or long-term care, our team is here to help guide you through the process, ensuring you receive the support and compensation you deserve.   

Can I make an acquired brain injury claim? 

You may be eligible to make an acquired brain injury claim if you believe it was caused by someone else’s actions or failures in duty such as negligent medical care or a lack of employer safety.  

In our experience,these claims are commonly made where an injury could have been prevented with proper care, attention, or safety measures. To make a claim, we must be able to prove that another person or organisation was responsible for the injury and that their actions, or lack of action, directly caused the harm. 

It’s important to know that there’s typically a three-year time limit to file a claim from the date of your injury. Acting quickly is essential to ensure you don’t miss this deadline. However, there are exceptions, such as if the injured person is under 18 or lacks mental capacity. In these cases, the time limit may be extended.   

What compensation can you claim for?  

Compensation aims to put you, as far as possible, back in the position you would have been in had the injury not occurred. The damages awarded in acquired brain injury compensation claims are carefully planned to support you with both the practical and emotional impact of your injury. This means they are separated into two catagories:  

General damages address the pain, suffering and loss of amenity caused by the brain injury. It reflects the physical and psychological impact of the injury, including changes to your quality of life, independence, cognition or emotional wellbeing.  

Special damages refer to the financial losses and future costs of your injury. These can include: 

• Loss of earnings from time off work, reduced earning capacity, or loss of future career prospects 
• Rehabilitation and therapy costs 
• Care and support costs (including professional care and assistance provided by family members) 
• Equipment and adaptations 
• Travel and other expenses  

Every acquired brain injury compensation claim is different, and the level of compensation will depend on the severity of the injury, its long‑term impact, and the support required now and in the future. Our specialist acquired brain injury team can help ensure that all current and future needs are properly considered and reflected in the claim. 

How do you make an acquired brain injury claim? 

Making an acquired brain injury claim can feel daunting, especially while yourself or a loved one is recovering. Made easier with our expert team, the process usually follows a small number of clear steps, with specialist legal support guiding you throughout. 

Speak to a specialist solicitor 

The first step is to speak with a solicitor experienced in acquired brain injury compensation claims. They will listen to what has happened, explain your options, and advise whether a claim may be possible. 

Investigation

If the claim moves forward, your solicitor will investigate what went wrong. This may involve reviewing medical records, accident reports, or employer safety procedures to understand how the injury occurred and who may be responsible. 

Evidence gathering

Independent expert evidence is then obtained to assess the injury, its cause, and its long‑term impact. This helps establish fault and understand the full level of support and compensation needed now and in the future. 

Settlement 

Once the evidence is in place, the claim is progressed toward settlement. Many acquired brain injury claims are resolved without going to court, allowing compensation to be secured as early as possible to support rehabilitation, care, and financial stability. 

Navigating the claims process 

Our expert team follows a thorough six-step process when it comes to an acquired brain injury claim; this involves the following actions. 

Initial enquiry 

Your first step is to get in touch with our specialist team. One of our experienced solicitors will listen to what has happened, answer your questions, and explain whether a claim may be possible. All enquiries are handled sensitively and in complete confidence. 

Case review 

We then carry out an initial review of your case. This involves looking at how the injury occurred, who may be responsible, and how your life has been affected. At this stage, we will give you a clear and honest view on the prospects of success and explain funding options, including No Win No Fee.  

Investigation & evidence 

If the claim goes ahead, we investigate what happened in detail. This may involve gathering accident reports, employment or medical records, witness evidence, or other material needed to show fault and financial loss. Where appropriate, we can also seek early rehabilitation or interim payments. 

Medical assessments 

Independent medical experts are instructed to assess the nature and impact of the brain injury. These assessments help us understand the long‑term effects on your health, independence, work and daily life, ensuring the claim reflects your current and future needs. 

Negotiation 

Once the evidence is complete, we enter negotiations with the other party. Our focus is on securing fair compensation that properly accounts for pain and suffering, loss of earnings, care, rehabilitation and future support. Most acquired brain injury claims are resolved at this stage without the need for court proceedings. 

Settlement 

When a settlement is reached, we ensure the compensation is paid to you as quickly as possible. We can also advise on managing the funds, including personal injury trusts and longer‑term planning, to help support you and your family going forward. 

What is an acquired brain Injury?   

ABIs refer to any injury to the brain that occurs after birth, typically resulting from accidents, medical conditions, or external factors. Unlike congenital brain injuries, which are present at birth, ABIs develop later in life. 

What are the causes of an acquired brain injury? 

Common causes of ABIs include:  

• Traumatic events such as road traffic accidents  

• Falls  

• Assaults  

• Medical conditions such as strokes, infections, or tumours   

These injuries can have significant effects on individuals’ lives, often leading to physical, cognitive, emotional, and behavioural changes. Tasks once taken for granted may become challenging. These injuries can cause fatigue, impacting one’s ability to work, engage in daily activities, and maintain relationships. 

Understanding the symptoms of an acquired brain injury   

According to Nurseline, acquired brain injury symptoms can vary widely, depending on the severity and location of the injury. Symptoms often fall into three broad categories: 

Physical symptoms:  

• Headaches or dizziness 

• Fatigue 

• Problems with balance or coordination 

• Numbness or tingling 

• Speech difficulties 

• Muscle weakness 

Cognitive symptoms:  

• Memory problems 

• Difficulty concentrating 

• Problems with planning or organisation 

• Changes to learning ability 

Emotional and behavioural symptoms 

These can include mood swings, anxiety, depression, irritability, impulsive behaviour, or difficulty managing emotions and relationships. 

The effects of an acquired brain injury can be long‑term. Some people continue to experience ongoing cognitive, emotional or physical challenges months or even years after the injury. In some cases, individuals may also develop secondary conditions, such as epilepsy or sleep disorders, which can further affect daily life and recovery. 

What evidence do you need for a claim? 

To support an acquired brain injury claim, clear and consistent evidence is essential. Our role is to gather much of this on your behalf, but there are several types of evidence that can help strengthen your claim. 

Medical evidence 

Medical records are central to any acquired brain injury claim. These help show the extent of the injury, how it occurred, and the treatment you have received. This can include hospital notes, GP records, scan results, and reports from specialists involved in your care. 

Witness evidence 

Statements from people who saw the incident happen, or who were present immediately afterwards, can help explain how the injury occurred. In some cases, this may include colleagues, family members, or independent witnesses, as well as official incident or accident reports. 

Financial records 

Evidence of financial loss helps demonstrate the practical impact of your injury. This can include proof of lost earnings, medical or rehabilitation costs, prescription charges, travel expenses, and care or support costs. Keeping receipts, payslips and invoices can be very helpful. 

Personal records and diaries 

Keeping a diary or personal record of your symptoms and day‑to‑day challenges can provide valuable insight into how the injury affects your life. This may include changes to your independence, memory, mood, work, or relationships. Personal notes can help show the ongoing impact of the injury in a way that medical records alone cannot. 

You do not need to gather everything yourself. A specialist solicitor will guide you through what is needed and take responsibility for obtaining the majority of evidence, ensuring your claim fully reflects the impact of your acquired brain injury. 

How long can a claim take?  

Every acquired brain injury compensation claim is different, so timescales can vary. The length of a claim will depend on factors such as the severity of the injury, how quickly evidence is available, and how long negotiations take with the other party. 

Fletchers’ experience with acquired brain injury claims  

 Our experts have helped countless clients with their acquired brain injury claims, ensuring they receive fair compensation and the justice they deserve. 

At Fletchers Solicitors, we take a unique and holistic approach to supporting our clients. We understand that an acquired brain injury affects every aspect of life, not just the legal claim, which is why we ensure clients are supported throughout their recovery as well as their case.  

We take the time to understand each client’s individual circumstances and tailor our approach accordingly. This includes working with leading medical experts, helping to arrange rehabilitation and care support, and ensuring compensation properly reflects both current and future needs. 

Our strong track record and specialist knowledge mean clients can trust us to handle complex acquired brain injury claims with care, clarity and determination, always focusing on achieving the best possible outcome to help you recover, rebuild and thrive. 

Success stories 

Our team has supported many individuals and families affected by acquired brain injuries, helping them navigate the legal process and secure outcomes that allow them to move forward with their lives. We have experience across a wide range of circumstances, including injuries caused by medical negligence, road traffic accidents, and incidents in both public and private settings.  

One such case involved a 24‑year‑old client who sustained a catastrophic brain injury after falling from a fire escape, where compensation of over £1 million was secured to support long‑term care and rehabilitation. These case studies reflect the varied nature of acquired brain injury claims and the importance of securing the right support at the right time. 

Read more of our case studies here. 

Speak to an acquired brain injury solicitor 

If you are unsure whether you have a claim, speaking to a specialist can help provide clarity and reassurance. Our experienced acquired brain injury solicitors offer a free, confidential consultation, with no obligation to proceed. 

We are here to listen, answer your questions, and explain your options in a clear and supportive way, so you can decide what feels right for you and your family. 

Get the compensation you deserve for your acquired brain injury 

If you or a loved one has experienced an acquired brain injury, you do not have to face the legal process alone. At Fletchers, we provide clear, compassionate legal advice to help you understand your options and take your next step with confidence. Contact Fletchers Solicitors today to schedule a consultation and take the first step. 

Our experienced team is here to support you from your first conversation through to securing fair compensation, always focusing on your individual needs and recovery. If you would like to speak to a specialist, we offer a free consultation with no obligation, allowing you to get advice in a supportive and straightforward way. 

Can I claim for loss of future earnings after an acquired brain injury? 

Yes, one of the major elements of an acquired brain injury claim is special damages, which can include compensation for reduced earning capacity. If your injury prevents you from returning to your job, or moving into a different role, we will work to calculate what your career may have earned, and factor that into your claim. 

Do I need to go to court to settle an acquired brain injury claim? 

Most acquired brain injury claims are settled by negotiation with insurers or legal representatives. However, if the other party won’t agree on fault or compensation, your case may go to court. If it does, which is rare, your solicitor will represent you throughout. 

Can I claim for an acquired brain injury caused by an accident?   

You may be able to claim if your brain injury was caused by an accident, such as a road traffic collision, workplace accident, or a fall, and someone else was responsible or failed in their duty of care. 

How much compensation for an acquired brain injury claim?   

Compensation varies depending on the severity of the injury and its impact on your life. It can include payment for pain and suffering, loss of earnings, rehabilitation, care costs, and future support needs. 

What evidence is needed for a brain injury claim?

Key evidence usually includes medical records, reports from specialists, witness statements, and financial records showing losses or expenses. Personal diaries describing how the injury affects daily life can also be helpful. 

How long does an ABI claim take?   

Timescales vary. Some claims can be resolved in months, while more complex cases may take longer, particularly where long‑term recovery needs must be fully understood before settlement.