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Brain Injury Compensation Claims
Learn how compensation could be awarded for a brain injury.
£90 million in compensation
Brain Injury Compensation Claims: Your Guide To Compensation Payouts
Learn how compensation could be awarded for a brain injury.
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Last updated on 10th December 2025. Brain injuries can cause you to suffer immense trauma with life-changing consequences. We understand that living with a brain injury can be difficult financially. Whether you experienced an accident in the workplace, a public place or on the road, you could be able to move forward with a personal injury claim today.
Read this guide to find out if you are eligible to claim brain injury compensation. We will also provide guidelines for compensation figures for your pain and suffering and discuss the types of brain injuries that you can claim for. Furthermore, we provide information and guidance on the types of financial losses that you could be reimbursed for.
Additionally, we will outline some causes of brain injuries and explain whether you can claim on someone else’s behalf. We will also detail the process of the claim and the No Win No Fee service that one of our solicitors could provide you with.
You can contact an advisor today to answer any queries you have. If you are eligible, you could start a claim and potentially receive compensation for the suffering you have experienced and the costs related to your injury:
- Call us on 0151 375 9916
- Contact us online
Am I Eligible To Claim Brain Injury Compensation?
If you wish to claim brain injury compensation, you must be able to show that:
- Someone owed a duty of care to you
- Said person did not enact their duty
- You suffered a brain injury as a result
The duty of care refers to someone’s legal responsibility to protect your health and safety. You can read further details of when you are owed a duty of care in a later section, or you can call one of our advisors who would be happy to discuss the details of your case.
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Average Brain Injury Compensation Payouts
We cannot provide an average figure for brain injury compensation, as this would not be relevant to your case. Each personal injury claim is measured by its unique circumstances. Instead of giving you an average figure, we are going to look at how brain injury compensation could be awarded.
You should reach out to one of our advisors if you would like a better idea of the level of compensation that you can expect. They can enquire about the details of your claim and consider the relevant damages that the compensation should cover.
You may be wondering how much compensation you could claim for your brain injury. In the table below, we have used some figures from the Judicial College Guidelines (JCG). Referring to different types and severities of injuries, this document outlines guideline compensation figures for physical pain and mental suffering. You should only use these figures as a guide. We cannot predict the compensation amount that you will receive without considering your case in further detail.
Please also note that the figure in the top row was not taken from the JCG.
| Type of Injury | Severity of Injury | Guideline Compensation Amount | Notes |
|---|---|---|---|
| Mutliple injuries and financial losses | Severe | Up to £10,000,000+ | Compensation awarded for multiple injuries and associated financial losses (such as paying for a nurse and specialist equipment). |
| Brain/head | Very Severe | £344,150 to £493,000 | The injured person will have little control over their bodily functions and a restricted life expectancy |
| Moderately Severe | £267,340 to £344,150 | Severe disability whereby the person will need constant professional care | |
| Moderate (i) | £183,190 to £267,340 | Bracket includes those with no chance at employment, intellectual deficit, impaired vision/hearing, personality change and risk of epilepsy | |
| Moderate (ii) | £110,720 to £183,190 | Some intellectual deficit and risk of epilepsy. The ability to work is either removed or reduced | |
| Moderate (iii) | £52,550 to £110,720 | Impaired memory and concentration, senses somewhat affected, reduced ability to work and limited dependence on others | |
| Less severe | £18,700 to £52,550 | Similar issues to the above bracket but with a good recovery and a return to social and work life. However may still struggle with symptoms such as impaired concentration and poor mood | |
| Minor | £2,690 to £15,580 | Minimal damage to the brain where the issue is resolved within two to three years. At lower end of the bracket person may recover within a few weeks |
How Claims Are Calculated
Your compensation can be assessed based on two types of damages, the first of which is referred to as general damages. These cover any suffering and pain that you have experienced as a result of your injury, as considered in the table above.
Additionally, your settlement may consist of special damages, which we further explain below. In a brain injury claim, these can be very high as special damages will consider items such as requiring nursing care and for how long.
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What Else Can Brain Injury Compensation Payouts Cover?
Brain injury compensation payouts can cover your financial losses too, quantifying the impact your injuries have had on your daily life. These costs can be reimbursed as part of special damages, several examples of which have been included below.
If you are seeking special damages, you’ll need to make sure you have the right supporting evidence. Documents such as payslips, care bills, invoices for home adaptations and purchase receipts can all be used to show what costs have been incurred.
Lost Earnings: Past and Future
A loss of earnings can have serious effects on your own life as well as your family. Whether you have children, other relatives who depend on you or even just your own expenses such as rent or mortgage payments, being out of work can lead to substantial difficulties in your personal finances.
You can seek compensation for both past and future losses. A solicitor can determine your lost income, taking into account time previously off work and any future losses.
Life After The Brain Injury
It is often the case with brain injuries that the injured person will need some form of care or rehabilitative treatment. That can include help around the home, accessibility modifications like ramps or a stairlift, and additional childcare support. Medical expenses including physiotherapy, prescriptions and other treatments, can also form part of your compensation.
Seeking An Interim Payment
Interim payments are paid out in cases where it seems likely that compensation will be awarded, but the claimant has immediate costs which mean they cannot wait for the settlement to be finalised. The clearest example of this is rent and mortgage payments, your next instalment is coming up, but the claim won’t be settled for another few weeks. The judge may order an interim payment to be made so you can cover these costs, with that sum deducted from the final payout figure.
To get further information on claiming for a brain injury, and to find out how your specific injuries may be valued, speak to our advisors today.
Types Of Brain Injuries You Can Make Compensation Claims For
Many different types of injuries could qualify for a compensation claim, such as:
- Concussion
- Bruising on the brain
- Hematoma (bleeding on the brain)
- Lesions (damage to the brain tissue)
- Diffuse axonal injury (twisting or shaking that causes fibres in the brain to tear)
- Penetrating injuries
- Axionic injuries (where brain cells die due to lack of oxygen)
If your brain injury was not included in this list or if you’re not sure whether your injury is valid for a claim, you do not need to be concerned. Contact one of our advisors and they can explain further.
Common Causes Of Brain Injuries That Lead To Claims
In this section, we will detail some of the common scenarios whereby you could claim brain injury compensation. Continue reading to find out more.
Public Liability
When visiting a public place, the occupier of said space owes you a duty of care. This is due to the Occupier Liability Act (1957). The occupier refers to the person who controls the space. They must take the necessary steps to ensure your reasonable safety when using it.
The following examples are incidents where the duty of care has been breached:
- When visiting a restaurant, you slip and fall over due to a wet patch on the floor. You hit your head on the ground, causing a concussion. The cafe manager knew that the floor was wet but failed to put out a wet floor sign.
- When visiting the gym, you suffer an accident due to a faulty machine. A weight from the machine falls onto your head, causing lesions to your brain. The gym owner did not perform regular checks on the machinery or take steps to maintain its functioning.
If you have experienced a similar situation, you could be able to claim for an accident in a public place.
Accident At Work
The Health and Safety at Work etc. Act 1974 means that your employer must take reasonable steps to prevent employees from suffering harm in the workplace. When an employer does not do this, and you suffer injury, it is negligence. Examples include:
- You work in a warehouse and have not been given a helmet. A heavy object falls from a high shelf and causes an injury to your head. This results in lesions on your brain
- You trip over a loose wire while working in an office. You fall at work over and hit your head on the ground. This gives you a concussion.
When such situations occur, you could be able to claim for an accident at work.
Road Traffic Accidents
All road users—drivers, cyclists, pedestrians, and motorcyclists — owe each other a duty of care when using the road. To ensure that they are navigating in a safe and responsible manner, they should adhere to the Highway Code and the Road Traffic Act 1988. You could be able to claim for compensation if:
- You wait for a traffic light to turn red and then cross the road. A car fails to stop at the red light, hitting you and knocking you over. You hit your head on the ground and suffer bleeding on your brain. This would be valid for a pedestrian accident claim.
- While driving, you come to a stop behind some traffic. The car behind you fails to stop and bumps into the rear end of your car. This causes you to hit your head on the steering wheel and suffer bruising to your brain.
If you have experienced something like this, you may be able to claim brain injury compensation for a road traffic accident.
Can I Claim On Behalf Of Someone Else?
There are some situations where you could claim on another person’s behalf. In such circumstances, you would be appointed to act as a litigation friend.
Brain injuries can seriously impact a person’s ability to represent themselves. If a person is without the mental capacity, in accordance with the Mental Capacity Act 2005, another person may be able to represent their claim.
This also applies when the injured person is under eighteen years of age. The court can select anyone to act as a litigation friend, including:
- Someone with lasting or enduring power of attorney
- A family member, parent or guardian
- A solicitor
- A Court of Protection Deputy
- A professional advocate, such as an Independent Mental Capacity Advocate
If you’re in a position where you think that you may need to act as a litigation friend, you can speak with our advisors to find out how to proceed. They understand that brain injuries can change the lives of the injured person and their loved ones, so they are happy to look into any queries you may have.
What Does The Brain Injury Claims Process Involve?
The brain injury compensation claims process can be a bit tricky, and no one at JF Law expects you to know where to start. So, to help you out, we’ve set out some key steps under the headings below.
Get Medical Treatment
The main thing is to seek medical treatment as soon as possible. Even if the injury seems minor, the symptoms of brain damage can appear much later, so it’s important to get checked out by a medical professional as soon as possible. While our main concern is your health, your medical records are useful evidence for the claim.
Gather Supporting Evidence
Proof, including your medical records (as mentioned above) CCTV and dashcam footage, photographs of your injuries and the accident scene, are all useful to show who was at fault for the injuries. You can also pass on the contact information of any potential witnesses, so they can be interviewed during the claim.
Report The Accident
Reporting the accident not only creates a formal record of what occurred, adding yet more evidence, but also helps to inform safety policy and prevent future incidents. An accident at work can be recorded in the workplace accident book. It’s likely a brain injury will prevent a person from making a report themselves so someone else can fill in the accident book.
Track The Ongoing Effects
Maintaining a diary during your treatment and rehabilitation is a good way of tracking your mental state, as well as the ongoing impacts on your daily life.
Seek The Right Legal Advice
JF Law can provide free legal advice to anyone who contacts us looking to make a claim. Our advisors can answer your questions and offer a quick eligibility assessment. If eligible, you’ll be put through to a specialist personal injury solicitor who can then assist you further. While you can make a claim yourself, consulting with a trained legal professional will be to your advantage.
Pay Attention To The Time Limits
Typically, you have 3 years to make your brain injury claim, but certain exceptions can apply. For more information on the personal injury limitation period, read our guide or consult our advisory team today.
No Win No Fee Agreements
You may want to start a claim but feel worried about the associated costs. Our solicitors can represent personal injury claims through a Conditional Fee Agreement (CFA). This is a No Win No Fee contract whereby you do not need to pay fees to your solicitor for their services:
- Before the claim begins
- Throughout the claim proceedings
- If you do not receive compensation for your injury
If you are awarded compensation, you would then need to pay a success fee. This refers to a percentage of your compensation that you owe to your solicitor for their work. The percentage is legally capped, so you will still keep the majority of your compensation.
How Our Solicitors Can Help With Your Claim
One of our experienced personal injury solicitors could represent you if you are eligible to claim. Their services include:
- Negotiating with the defendant regarding the compensation that you are owed
- Assisting you with the collection of evidence
- Checking that the claim is filed in accordance with the time limit (as discussed previously)
- Explaining legal terms and processes to you
- Handling correspondence with the defendant on your behalf
You can contact an advisor today if you are still unsure. They can check your eligibility and advise you on how to proceed. You could be connected with a No Win No Fee solicitor, bringing you one step closer towards getting your rightful compensation. Why wait?
Frequently Asked Questions
Get answers to some common questions on seeking brain injury compensation here.
What Is A Brain Injury Compensation Claim?
A brain injury compensation claim is a type of personal injury claim where a payout is sought for brain damage.
What Types Of Accidents Can Cause A Brain Injury Claim?
Any accident at work, on the road or in a public area where there has been a head injury can result in brain damage. So if you were hit by a vehicle while cycling, had an accident with a workplace machine or fell down some steps in a public park, a brain injury claim could potentially be made.
How Serious Does A Brain Injury Need To Be To Claim?
Even minor brain damage can be compensated if the evidence shows a duty of care was breached, causing the accident. More serious injuries will of course lead to higher payouts but there’s no minimum severity for a head injury to be eligible for compensation.
How Much Compensation Could I Receive For A Brain Injury?
Compensation payouts for head injuries can range from £2,690 for minimal brain damage, up to £493,000 for the most serious cases per the JCG. Special damages are often quite high in brain injury cases, which can significantly increase the total payout.
Will I Need A Medical Assessment?
Whether or not you’re sent for an independent medical assessment will depend on your particular circumstances. Sometimes your hospital records will be enough but if you do require further assessment, your solicitor will handle this for you.
Can I Claim If The Accident Was Partly My Fault?
Yes you can. Depending on what occurred, there are two types of claim that could be made if you were partially at fault:
- Split liability: the injured person contributed to the accident.
- Contributory negligence: the injured person contributed to their injuries.
Compensation is adjusted depending on the level of responsibility.
How Long Does A Brain Injury Claim Take?
Brain injury claims can take months if not years. Even in the most straightforward cases where liability is admitted straight away, it will take time to assess the injuries, gather evidence and determine a compensation figure. If the injured person lacks the mental capacity to claim for themselves, the timeframe is therefore extended.
Do I Need A Specialist Solicitor For A Brain Injury Claim?
As we said above, it’s not required but it helps! A solicitor who specialises in brain injury cases will be best placed to help you and ensure that your claim is as strong as it can be. To find out how JF Law can help you claim for a brain or head injury, talk to our team today via the contact information given above.
More Information
You can also:
- Find out how to claim for an eye injury at work
- Learn more about claiming for a back injury at work
For external resources, you can:
- Check out the NHS guide on head injuries and concussions
- Review the government webpage to claim Statutory Sick Pay (SSP)
- Guidance on how to request CCTV footage for yourself published by the government.
Thank you for taking the time to read this guide on how to claim brain injury compensation.
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