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Guide · Serious injury
Traumatic Brain Injury Claims: Your Rights and Options
If you or a loved one suffered a traumatic brain injury because of someone else's negligence, for example in a road accident, a fall or an accident at work, you may be able to claim compensation. A claim can pay for rehabilitation, care, lost earnings and support for the whole family, and treatment can start before the claim settles. You usually have 3 years to start a claim, but the time limit can be different if the injured person lacks mental capacity.
A brain injury can change how someone thinks, feels and behaves, and it affects the whole family. This guide explains what a traumatic brain injury is, the treatment and rehabilitation that can help, the support available for families and how a claim works.
- Source
- Headway, the brain injury association
- Moderate to severe brain injury
- £56,900 – £533,700+ for pain and suffering alone
- Rehabilitation
- Can start before your claim settles
- Time limit
- Usually 3 years, with exceptions for children and lack of capacity
What is a traumatic brain injury?
A traumatic brain injury happens when a sudden blow or jolt to the head disrupts how the brain works. Common causes include:
- Road traffic accidents, including cycling and pedestrian accidents
- Falls, including falls from height
- Accidents at work, such as being struck by a falling object
- Sports and leisure accidents
- Assaults
Brain injuries range from mild, such as concussion, to moderate and severe. They can affect memory, concentration, communication, behaviour, emotions and physical abilities. Many of these effects can't be seen, which is why brain injury is often called a hidden disability.
Treatment and rehabilitation
- Emergency treatmentGetting medical help straight away is critical. Brain scans and neurological checks help doctors find out how serious the injury is and stop further damage.
- Hospital and inpatient rehabilitationIn more serious cases, people may need care in hospital or an inpatient rehabilitation unit, with a team that can include neurologists, physiotherapists, occupational therapists, speech and language therapists and psychologists.
- Longer-term rehabilitationPeople with severe or complex brain injuries often need therapy for months or years, including help returning to work and support in the community. Every brain injury is different, so rehabilitation should be planned around the individual.
If you're claiming, we can ask the other side's insurer to fund rehabilitation early, so treatment isn't held up by your claim. Find out more about getting early rehabilitation.
Support for families
When someone has a brain injury, the whole family is affected. Families often tell us about:
Emotional strain
Shock, worry, grief and frustration while adjusting to changes in a loved one's personality or behaviour.
Changing roles
Taking on care, managing appointments and helping with everyday tasks, often alongside work and children.
Financial pressure
Lost income, travel to hospital and the cost of treatment and care can put real strain on household finances.
Healthcare professionals, social workers and brain injury charities such as Headway can offer advice and emotional support. A claim can help too: the value of care given by family members can be included, even if they weren't paid, and a case manager can support the whole family.
What can a brain injury claim cover?
- Pain, suffering and the effect on quality of life
- Medical treatment and rehabilitation, now and in future
- Therapy and support services, including a case manager
- Lost earnings and future income
- Paid care, and care given by family and friends
- Changes to your home, or specialist accommodation
- Specialist equipment and travel costs
For pain, suffering and loss of amenity, the guidance used by the courts in England and Wales gives an indicative range of £56,900 to £533,700 or more for moderate to severe brain injuries that affect memory, concentration, personality or independence. Less severe brain injuries are valued lower. Financial losses are added on top, and in serious cases they're usually the largest part of the claim. Figures are based on the Judicial College Guidelines (18th edition, April 2026), and past results don't guarantee future outcomes.
Time limits for brain injury claims
- The usual ruleYou usually have 3 years from the date of the injury to start court proceedings.
- If the injured person lacks mental capacityIf they lacked capacity from the time of the injury, which can happen after a serious brain injury, the time limit doesn't run until they regain it. A family member can usually bring the claim for them as their litigation friend.
- ChildrenThe 3 years starts on their 18th birthday, so they have until they turn 21.
Even so, it's best to get advice early, so rehabilitation and financial support can start sooner and evidence can be gathered while it's still available. See how long do I have to claim?
Why specialist advice matters
Brain injury claims are often complex. Our serious injury team will:
Get the right experts
Instruct specialists such as neurologists and neuropsychologists to assess the injury and its long-term effects.
Gather the evidence
Collect medical records, accident reports and witness evidence to show how the injury happened.
Arrange support early
Ask for early rehabilitation, a case manager and interim payments while the claim goes on.
Deal with the insurer
Handle the negotiations, so you and your family can focus on recovery.
See also our guides to brain injury after a cycling accident, catastrophic injury claims and how long serious injury claims take.
Brain injury claims: FAQs
Can I claim for a traumatic brain injury?
You may be able to, if your brain injury was caused by someone else's negligence, for example in a road accident, a fall on unsafe premises or an accident at work. You can claim for the injury itself and for its effects on your life, including lost earnings, care and rehabilitation.
Can I claim for a mild brain injury or concussion?
Yes, you may be able to. Many people recover from concussion within weeks, but some have symptoms such as headaches, fatigue and poor concentration for months or longer. A claim can cover those effects too.
Can a family member claim for someone with a brain injury?
Yes. If a brain injury means someone can't make decisions about their claim, a family member can usually bring it for them as their litigation friend. Care and support given by family members can also be included in the claim, even if they weren't paid.
Can rehabilitation start before the claim settles?
Yes. We can ask the other side's insurer to fund rehabilitation early, under the Rehabilitation Code, and where fault is accepted, interim payments can help with care and lost income while the claim goes on.
How much compensation could I get for a brain injury?
It depends on how serious the injury is, how it affects your life and what it will cost you in future. For moderate to severe brain injuries, the indicative range for pain and suffering is £56,900 to £533,700 or more. Financial losses such as care and lost earnings are added on top.
How long do I have to make a brain injury claim?
You usually have 3 years from the date of the injury to start court proceedings. If the injured person lacked mental capacity from the time of the injury, the time limit doesn't run until they regain it, and children have until their 21st birthday. See our guide: how long do I have to claim?
Has a brain injury changed your life?
Talk to our serious injury team for free, with no obligation, whether you're the injured person or a family member. We'll explain whether there's a claim and how we can help you get rehabilitation and support early. Eligible claims are handled on a No Win No Fee basis.