A brain injury changes everything, for the person injured and for their family. Bird & Co’s specialist brain injury lawyers help you secure the compensation, rehabilitation and lifetime support a serious head injury demands. Whether you are dealing with unresolved concussion, severe traumatic brain injury after a road accident, or hypoxic damage following a medical error, our team, led by James Ilic, acts on a no win, no fee basis across England and Wales.
We offer a free initial consultation by phone, video, or home and hospital visit. Call us today on 01476 591711, or send an enquiry through our online form and we will call you back.
What is a brain injury claim?
A brain injury claim is a civil compensation claim where brain damage has been caused by another party’s negligence. It sits within the field of catastrophic injury claims but has its own particular legal and medical complexities.
There are two broad categories of injury:
- Traumatic brain injury (TBI). Damage caused by an external force, such as road accidents, falls, assaults or sport.
- Acquired brain injury (ABI). Damage arising after birth without direct trauma: hypoxic injury, negligently managed strokes, near-drowning or medication errors.
A common misconception is that “minor” head injuries do not justify a claim. They can. Mild TBI can produce headaches, fatigue, mood changes and cognitive problems lasting months or longer.
Your legal rights after a brain injury
The right to claim arises in negligence: where someone owed a duty of care, breached it and caused your injury, you are entitled to compensation. The legal framework depends on how the injury happened.
| Cause | Legal framework |
|---|---|
| Road traffic accident | Road Traffic Act 1988; common law negligence |
| Workplace accident | Health and Safety at Work etc. Act 1974; Management of Health and Safety at Work Regulations 1999 |
| Slip, trip or fall in public | Occupiers’ Liability Acts 1957 and 1984 |
| Assault | CICA scheme; civil claim against assailant |
| Clinical negligence | Common law negligence; Bolam/Bolitho test |
| Defective product | Consumer Protection Act 1987 |
Where the injury affects decision-making capacity, additional protections apply under the Mental Capacity Act 2005 and the Civil Procedure Rules (CPR).
Who can make a brain injury claim?
You can claim if someone else’s negligence caused or materially contributed to your injury. Being partly at fault reduces, but does not defeat, a claim under contributory negligence.
| Claimant | Position |
|---|---|
| Adult with capacity | Claims in own name within three years of accident or date of knowledge |
| Adult without capacity | Family member, friend or Official Solicitor acts as litigation friend (CPR Part 21) |
| Child (under 18) | Parent or guardian acts as litigation friend; child has until their 21st birthday |
| Dependant of a deceased person | Fatal Accidents Act 1976; Law Reform (Miscellaneous Provisions) Act 1934 |
| Employee injured at work | Claim against employer; rarely affects employment in the way many fear |
A litigation friend runs the claim for someone who cannot give instructions. The Mental Capacity Act 2005 sets the capacity test; decisions must be in the injured person’s best interests; and the court approves any settlement. Once compensation is paid, the Court of Protection can appoint a deputy to manage the funds, and a personal injury trust can protect means-tested benefits entitlement.
Common causes of brain injury claims
- Road traffic accidents. The leading cause of severe TBI in the UK.
- Workplace accidents. Falls from height, falling objects, machinery and site vehicles. See our accidents at work
- Slips, trips and falls. Particularly in older claimants, where these can cause subdural haematomas.
- Via the Criminal Injuries Compensation Authority (CICA) and/or a civil claim against the assailant.
- Clinical negligence. Undiagnosed stroke, anaesthetic errors, delayed treatment of bleeds and birth injuries causing hypoxic damage.
Where liability is unclear or shared, we investigate at no upfront cost.
Types and severity of brain injury
Doctors classify TBI severity using the Glasgow Coma Scale (GCS), a 15-point assessment recorded on admission.
| Severity | GCS | Typical features |
|---|---|---|
| Mild TBI (including concussion) | 13 to 15 | Brief or no loss of consciousness; confusion; headaches; possible post-concussion symptoms |
| Moderate TBI | 9 to 12 | Loss of consciousness; persistent symptoms; CT/MRI abnormalities; rehabilitation often needed |
| Severe TBI | 3 to 8 | Coma; long inpatient stay; major neurological deficits; lifetime care often required |
Common diagnoses include:
- Concussion and post-concussion syndrome. A “mild” label that can mask significant ongoing symptoms.
- Subdural and extradural haematoma. Bleeding between the brain and skull.
- Diffuse axonal injury (DAI). Widespread tearing of nerve fibres from rotational forces.
- Hypoxic and anoxic brain injury. Damage caused by reduced oxygen.
Brain injury is often “hidden”: outwardly, the person may appear recovered while struggling with profound changes to memory, fatigue, mood and personality.
What you need to prove
To succeed in a claim, you (or your litigation friend) must establish four elements on the balance of probabilities:
- Duty of care. The defendant owed you a legal duty.
- They fell below the required standard.
- The breach caused or materially contributed to your injury.
- You suffered measurable harm, including financial losses and care needs.
We work with neurologists, neuropsychologists, neurosurgeons and rehabilitation specialists to build the medical evidence needed to support your claim.
Evidence you should gather
The earlier evidence is preserved, the stronger your claim.
| Evidence | Helps prove |
|---|---|
| Hospital and GP records | Injury, severity and treatment |
| Ambulance report and admission GCS | Initial severity |
| CT/MRI scans | Type and extent of brain damage |
| Neuropsychological assessments | Cognitive, behavioural and emotional impact |
| Scene and injury photographs | Liability |
| Witness contact details | Corroboration |
| Accident book or RIDDOR reports | Workplace liability |
| Police reports | Road traffic accidents and assaults |
| Receipts for treatment, travel and care | Special damages |
| Symptom and impact diary | Daily life impact |
If you cannot gather evidence because the injured person is in hospital, we will do this for you.
How much compensation could you receive?
Compensation is calculated by reference to the Judicial College Guidelines and the facts of your case.
| Damages | Covers | Examples |
|---|---|---|
| General damages | Pain, suffering and loss of amenity | Injury itself, severity, life-expectancy impact, lost enjoyment |
| Special damages (past) | Losses already incurred | Lost earnings, medical bills, travel, paid care, equipment |
| Special damages (future) | Ongoing losses | Lifetime care, case management, future earnings loss, medical and rehabilitation costs, accommodation, adaptations and therapies |
In serious cases, future losses dwarf general damages and multi-million-pound awards are not unusual. Part of an award is often paid as a periodical payments order (PPO) under the Damages Act 1996: an index-linked, tax-free annual payment funding care and lost earnings for life. We pursue interim payments under the CPR where liability is clear, and use the Rehabilitation Code 2015 to secure early neuro-rehabilitation at the insurer’s cost.
Time limits for brain injury claims
The general rule is three years from the accident or from the date of knowledge. Brain injury claims have important exceptions.
| Scenario | Time limit |
|---|---|
| Adult with capacity | Three years from accident or date of knowledge |
| Symptoms emerged later | Three years from date of knowledge (when you knew the injury was significant and caused by the defendant) |
| Child (under 18) | Three years from their 18th birthday, i.e. until age 21 |
| Adult lacking capacity | Suspended for as long as they lack capacity |
| Assault via CICA | Two years from the incident (extensions are exceptional) |
| Fatal injury | Three years from death or date of knowledge |
The date of knowledge rule (section 14 Limitation Act 1980) matters because cognitive and behavioural symptoms can emerge weeks or months after the injury. If you are unsure when your time limit expires, contact us as soon as possible.
The brain injury claims process
Brain injury claims take longer than standard personal injury claims because the medical picture takes time to stabilise.
Free consultation
We meet by phone, video, or at home or in hospital, to discuss what happened and confirm no win, no fee funding.
Investigation and medical evidence
We gather records, scene evidence and reports from neurology, neuropsychology, neurosurgery, occupational therapy and care experts.
Rehabilitation and interim payments
We engage under the Rehabilitation Code 2015 and apply for interim payments under the CPR to fund treatment and support before settlement.
Quantification and negotiation
Once the medical picture is clear, past and future losses are finalised and we pursue settlement.
Settlement, court approval and deputyship
Where the claimant lacks capacity, the court approves the settlement and a deputy is appointed to manage the funds. Mild TBI cases may resolve in 12 to 18 months; moderate to severe claims commonly take two to four years, because we will not settle until your prognosis is clear.
No win, no fee brain injury claims
Bird & Co handle brain injury claims under a conditional fee agreement (CFA): no upfront costs, nothing to pay if the claim fails, and a success fee (capped by law) deducted from your compensation if it succeeds. We explain the cap and any insurance premium in writing before you sign, making specialist advice accessible regardless of your financial position.
Frequently asked questions about brain injury claims
Can I claim on behalf of someone who cannot manage the case themselves?
Yes. Where a brain injury has left an adult without capacity, a family member, friend or the Official Solicitor can act as litigation friend under CPR Part 21, taking decisions in the injured person’s best interests. For children, a parent or guardian usually acts automatically. We guide you through the practicalities, including any application to the Court of Protection for a deputy.
What if my symptoms only appeared weeks after the accident?
This is common with concussion and post-concussion syndrome. Under section 14 of the Limitation Act 1980, the three-year period runs from the date of knowledge: when you reasonably knew the injury was significant and caused by the defendant, rather than from the accident date. Seek advice promptly, as date of knowledge is highly fact-sensitive.
Can I claim for a concussion or mild traumatic brain injury?
“Mild” describes the GCS score on admission, not the long-term impact. Concussion and post-concussion syndrome can leave persistent headaches, fatigue, memory problems, mood changes and concentration difficulties that affect work and family life. If those symptoms were caused by someone else’s negligence, you may be entitled to compensation.
Does Headway help with brain injury claims?
Headway is the UK’s main brain injury charity. They run a free helpline (0808 800 2244), publish information for survivors and families, support local groups and operate the Brain Injury Identity Card. They are not a law firm, but they maintain an approved solicitors directory and offer invaluable practical and emotional support alongside a legal claim.
Why choose Bird & Co for your brain injury claim?
Our specialist personal injury team, led by James Ilic, has experience handling catastrophic injury claims including severe TBI, with settlements ranging from thousands to millions of pounds. We offer a free initial consultation, direct contact with a named solicitor, and regular updates throughout your case. Bird & Co is Lexcel accredited and regulated by the Solicitors Regulation Authority (SRA), rated 4.9 out of five on Trustpilot from over 1,000 reviews.
See our personal injury solicitors page for the full range of claims we handle.
Speak to our brain injury lawyers
Talk to a specialist today. Your first consultation is free, with no obligation, and home and hospital visits are available.
Call us today on 01476 591711 or send an enquiry through our online form and we will call you back.
Our personal injury solicitors are based in Grantham, Newark and Lincoln and act for clients across Lincolnshire, Nottinghamshire and the rest of the UK.