Brain injury claims

Brain injuries can arise in different ways, and the nature of the injury can affect the rehabilitation, care, and expert evidence needed in a claim.

Traumatic brain injury claims

A traumatic brain injury, or TBI, is caused by an external force such as a blow, jolt, or impact to the head. Traumatic brain injury claims commonly follow road collisions, falls, workplace accidents, and other serious accidents.

Acquired brain injury claims

An acquired brain injury is an injury to the brain that occurs after birth and is not hereditary, congenital, or degenerative. Some acquired brain injury claims involve traumatic accidents, while others can arise in different circumstances.

Hypoxic brain injury claims

A hypoxic brain injury occurs when the brain does not receive enough oxygen. Whether a hypoxic brain injury claim falls within personal injury or medical negligence will depend on how the injury occurred.

Making a brain injury claim can feel overwhelming, particularly when you or your family are still adjusting to the effects of the injury. Our team will guide you through each stage.

1. 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.

2. 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.

3. 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.

4. Negotiation & settlement

Most brain injury compensation claims are resolved through negotiation rather than court proceedings. Your brain injury lawyer 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.

5. Compensation

Brain injury compensation 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.

You generally have three years from the date of the accident to start court proceedings in a personal injury case. However, there are important exceptions.

If the injured person was under 18 when the accident happened, the standard three-year period generally doesn’t begin until their 18th birthday. 

Where a brain injury means someone lacks the mental capacity to conduct legal proceedings, the usual limitation period may not run while that lack of capacity continues. 

Your priority should always be getting the medical treatment you need. Once you and your family are able to do so, there are several practical steps that may help if you later decide to make a brain injury claim.

• Keep information about the accident: Record what happened and retain any accident reports, photographs, CCTV details, or witness information available.
• Keep medical and rehabilitation records: Hospital records, scans, specialist assessments, and rehabilitation notes can all become important evidence.
• Record how the injury affects everyday life: Brain injuries can cause less visible symptoms such as fatigue, memory problems, behavioural changes, and difficulties with concentration. Keeping a record of these changes can help show the broader impact of the injury.
• Keep evidence of financial losses: This could include loss of earnings, travel expenses, care costs, and spending on equipment or adaptations.
• Seek specialist legal advice: Brain injury claims can be medically and legally complex. Speaking to brain injury specialist solicitors early can help preserve evidence and identify rehabilitation or interim-payment needs.

Every claim is different, so there is no standard timeframe when it comes to brain injury claims. 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.

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)

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.

You do not need to gather all the evidence to support your claim before contacting us. Our brain injury claim solicitors can investigate what happened and work with appropriate experts to build the evidence needed.

This may include:

• Medical and hospital records
• CT or MRI scans
• Accident reports
• CCTV or photographs
• Witness statements
• Employment and earnings records
• Neuropsychological or neurological assessments
• Rehabilitation and case management records
• Care evidence
• Proof of financial losses

In some cases, evidence from family members can also be important because they may notice changes in personality, behaviour, or cognition that the injured person does not fully recognise themselves.

You may still be able to make a brain injury claim if you were partly responsible for the accident. Where responsibility is shared, compensation may be reduced to reflect your contribution. This is known as contributory negligence.