Acquired brain injury claims

An acquired brain injury can change your and your family’s life in an instant. If someone else's negligence caused your injury, you may be entitled to acquired brain injury compensation.

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Nicholas Tubb

Partner and Team Leader

Last Updated

19th July 2026

Can I make an acquired brain injury compensation claim?

You may be able to make an acquired brain injury claim if your injury was caused, or contributed to, by someone else’s actions or failure to act. This includes accidents, unsafe environments, and negligent medical treatment. Our specialist solicitors are here to guide you through every part of the process with care, clarity, and commitment.

Suffering an acquired brain injury can have a huge impact on your wellbeing. People have come to us after suffering memory lapses, a shift in personality, a lack of independence, and a limited ability to work. Family dynamics can change, and it can be an awful lot to deal with. Our specialist lawyers have supported clients whose acquired brain injuries came from a range of circumstances. You may be able to claim if your injury happened in a road traffic collision, whether you were a car driver, pedestrian, motorcyclist, or cyclist, where the other driver or road user was at fault.

Accidents at work or on construction sites, including falls from height, are also common causes. In some cases, acquired brain injury compensation claims can be made by parents or guardians on behalf of a child, by family members or carers where the injured person lacks mental capacity, or by deputies and litigation friends appointed by the court. If you are claiming on behalf of a child, their right to claim does not usually expire until their 21st birthday.

If you’re unsure whether your situation qualifies, or if some time has passed since the injury, it’s still worth seeking legal guidance. Some claims have exceptions; our team can advise you and give you a clear assessment of your case.

Example of an acquired brain injury claim

A construction worker suffers a serious fall from height on a site where no fall-arrest equipment was provided. The fall causes a traumatic brain injury, leaving them with significant memory problems, cognitive difficulties and a long recovery process. If the employer failed to meet their legal duty to provide a safe working environment, this could be a valid acquired brain injury claim.

Related acquired brain injury claims we support

9/10 clients would recommend us
Dedicated rehabilitation and wellbeing team
Securing interim payments to ensure early access to support

What compensation can help with

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Funding recovery, long-term care, and financial security for the future.

If you’ve suffered an acquired brain injury, compensation can give you the financial means to access the right care, therapies, and practical help you need as a result of your injury – both now and in the years ahead.

Claims are made up of two parts. General damages compensate you for the pain, suffering, and loss of quality of life caused by your injury. Special damages cover the actual financial losses you have incurred, or will incur in the future, as a direct result of the injury. Together, they are designed to reflect the true impact of your injury on every part of your life.

Successful acquired brain injury compensation claims may help fund:

Rehabilitation, therapies, and neurological treatment
Care and assistance, including professional case management
Accommodation or home adaptations to meet your needs
Specialist aids and equipment
Loss of earnings, both current and future
Pension loss
Psychological support and counselling
Deputyship costs where the injured person lacks capacity

Understanding the potential value

When we value your claim, our specialist team will take the time to understand how you and your family have been affected, and how your injury will affect your future. We ensure that any compensation secured is structured to last as long as you need it. Minor brain injury claims typically result in lower settlements, while moderate and severe brain injuries can lead to claims in the tens and hundreds of thousands. In the most serious cases, total compensation can run into the millions. Some of our clients with severe brain injuries have received compensation into the millions.

Understanding interim payments

We understand that waiting for a claim to conclude can put serious financial pressure on you and your family. Where possible, we will seek interim payments on your behalf during the claims process, before the final settlement is reached. Interim payments can help fund rehabilitation, therapy, home adaptations, and care at the earliest possible stage, so you don’t have to wait until the end of your claim to access support.

Specialist acquired brain injury solicitors

We specialise in acquired brain injury claims of every kind, and we can help you too.

Why choose Fletchers for your acquired brain injury claim?

Acquired brain injury claims are among the most complex and high-value cases in personal injury law. The right team makes a real difference, not just to the outcome of your claim, but to how well you and your family are supported throughout. At Fletchers, our solicitors specialise in serious brain injury cases, bringing together legal expertise, clinical insight, and genuine care to help every client move forward with confidence.

Expertise you can rely on

Specialist acquired brain injury solicitors, accredited by the Law Society Personal Injury Panel, APIL, Headway, and Action against Medical Accidents (AvMA)
Recognised by Legal 500 and Chambers and Partners UK for expertise and care in serious injury claims
Experience securing compensation of £30 million or more for clients with the most severe brain injuries
Access to leading care providers, therapists, and neurological rehabilitation specialists from the earliest stage of your claim
Ability to secure interim payments to fund rehabilitation, home adaptations, and care before your claim concludes
Support beyond settlement, helping you access services, manage funds, and plan for the future
Trusted by families across England and Wales, and recommended by charities and professional organisations
‘No Win, No Fee’, removing financial risk when you pursue a claim

You're not alone

We understand what you're going through.

An acquired brain injury can affect every part of your life. The cognitive and emotional challenges, such as memory loss, personality changes, difficulties with communication, and emotional instability, can be just as disabling as the physical effects. Getting back to work, managing daily responsibilities, and keeping up with family life can all feel impossibly difficult. Many of our clients tell us they felt lost, overwhelmed, and unsure of who to trust when they first came to us.

We know it’s rarely just one person who is affected by an acquired brain injury. Relationships can change, family members can find themselves taking on unexpected caring roles, and the lives of everyone close to the injured person can be reshaped. We work with the whole family, not just the individual making the claim.

We have supported hundreds of clients in this position. Our solicitors spend time listening, explaining, and answering questions before taking on the complexity of their case. That is what we are here to do – and we’ll do the same for you too.

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Rehabilitation support

We go beyond legal advice to support you, not just your case, making sure the right care and practical help are in place throughout the compensation claim process.

A message from our Rehabilitation and Wellbeing Team

We work alongside Fletchers Solicitors’ legal experts – listening carefully to your needs, helping you understand what support is available and creating a personalised recovery plan.

Led by rehabilitation manager Julie Chorlton, we bring together expertise across healthcare, therapy and welfare support, and can help arrange access to treatment and financial support. We also work with accredited mental health professionals, giving you and your family access to counselling quickly.

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FAQs about acquired brain injury claims

How do I know if I have an acquired brain injury compensation claim?

If your acquired brain injury was caused by an accident, incident, or medical treatment, you should get legal advice as early as possible. You do not need proof at this stage, just a clear account of what happened. Any documents you can gather, such as medical records, letters, a diary of events, or complaint correspondence, will help us assess whether you have a valid claim.

Our specialist lawyers will advise you honestly on your options.

How long do I have to make an acquired brain injury claim?

In most cases, you have three years from the date of your injury, or from the date you became aware that your injury was significant, to make a claim. If you are claiming on behalf of a child, the three-year limit does not start until their 18th birthday, meaning they have until their 21st birthday to bring a claim. If the injured person lacked mental capacity before the injury, or has lost capacity as a result of it, there is no fixed time limit unless and until they regain capacity.

Given the complexities of these rules, we always recommend seeking advice as soon as possible. If you miss the relevant deadline, your claim is likely to be statute-barred, and you may be unable to pursue it further.

What evidence do I need to support an acquired brain injury claim?

The evidence needed to support your claim will vary depending on the specific circumstances. However, useful evidence includes:

A written account or diary of what happened, including dates, locations, symptoms, and the impact on your daily life
Medical records
Incident reports
Procedure and protocol documentation

Our team will usually obtain documentary evidence on your behalf. We may also arrange independent expert reports where needed, which may cover cognitive and behavioural impact, physical limitations, ongoing rehabilitation needs, and future care requirements.

Can I sue the NHS for an acquired brain injury?

Yes. It’s possible to bring a medical negligence claim against the NHS if your acquired brain injury was caused by negligent care. This could include a delayed diagnosis or treatment of a stroke, infection, or bleed on the brain, or surgical errors that led to a reduction in oxygen or blood flow to the brain.

To succeed, it must be shown that the care you received fell below an acceptable standard and that this directly caused or worsened your brain injury. Our specialists have extensive experience in exactly this type of claim.

Can I get legal aid for an acquired brain injury claim?

Legal aid is now only available for medical negligence claims involving babies who suffered a brain injury at birth, or within eight weeks of birth, where the birth took place after the 37th week of pregnancy, and the injury was caused by clinical negligence.

Our solicitors are experienced in running legally aided cases of this kind. For other acquired brain injury claims, we work on a ‘No Win, No Fee’ basis.

Will I have to go to court?

Most acquired brain injury claims are resolved without going to court. Once liability is established and future needs are clearly evidenced, we negotiate firmly to reach a settlement that reflects the full impact of your injury.

If the other party disputes the claim or does not offer a fair settlement, we are fully prepared to issue court proceedings and represent you throughout. You will never be left to handle the legal process alone.

Who can make a claim on behalf of someone who lacks capacity?

Where the injured person is unable to manage their own affairs, whether due to the brain injury itself or a pre-existing condition, a claim can be brought by a family member, carer, or litigation friend acting on their behalf.

A deputy appointed by the Court of Protection can also act in this role. If you are in this position, our team can advise you on the right approach and support you through the process.

What support is available during my claim?

From the moment you instruct us, we will work to secure access to the right rehabilitation, therapies, and care as early as possible, not just at the end of your claim. Where appropriate, we will seek interim payments to cover the costs of rehabilitation, home adaptations, and support before your case concludes.

Our team will also connect you with leading care providers, case managers, and specialists who can help you and your family throughout your recovery.

How much is compensation for acquired brain injuries?

Acquired brain injury compensation amounts vary considerably, depending on the nature of your injury and any long-term effects. Since it is value-based, depending on the injury severity, compensation for an acquired brain injury can go into the millions.

Can you have PTSD from an acquired brain injury?

Yes, an acquired brain injury can lead to PTSD. Since this injury is often caused by a distressing or life-threatening event, the psychological trauma and physical injury can happen simultaneously.