Head Injury Claims Guide

Last updated 15th December 2025. Head injury claims are the legal process by which individuals can pursue compensation if they have been hurt in an accident through the negligent actions of a third party. If you’re navigating a recovery amid financial uncertainty from medical bills, lost earnings, and rehabilitation costs, successfully claiming compensation can make a big difference during this difficult time and over the long term.

What You Need To Know About Making A Head Injury Claim

• A head injury can range from a concussion to a potentially life-changing traumatic brain injury (TBI).
• Head injuries commonly occur because of blunt force trauma or high-intensity impacts.
• They often result from vehicle collisions, falls from height, slips, trips, and defective machinery.
• Long-term rehabilitation and dedicated care are sometimes necessary, the cost of which may be covered in a successful head injury compensation claim.
• Our solicitors provide a nationwide service, helping clients gather evidence, file paperwork, and prepare the strongest possible claims.

Here at Legal Expert, our team understands that head injuries can turn lives upside down in an instant. That is why your health will be our main priority, from your free initial consultation to the compassionate, tailored support provided by a personal injury solicitor. If you’d like to find out if you can make a head injury claim compensation or want to use our free, no-obligation advice service, our team is here for you. To have a chat and find out how to claim today, please contact us.

 

Head Injury Compensation Payouts In The UK

Successful head injury claims, where a severe head injury has been suffered, could have a potential value of £493,000.

It is not worth discussing the average compensation for a head injury because all cases are different. Numerous factors could influence the outcome, but it is certain that head injury compensation payouts are generally split into two parts:

• Cover for financial loss caused by your head injury. This is known as special damages, and you can read more about them in the next section.
• Compensation for your physical pain and mental suffering. This is the ever-present part of a payout and is called general damages.

How much compensation claimants receive under general damages in head injury claims depends on things like the number of injuries suffered and their severity. Loss of amenity, the inability to do something you were able to do before, like a hobby, is also considered.

Those responsible for figuring out a head injury claim amount will take everything into account. They can use different resources to help them, just as they can check the suggested compensation brackets in the Judicial College Guidelines (JCG) document that are matched with various forms of injury.

Guideline Compensation Table

We have taken some compensation brackets from the JCG (except for the first entry) for different types of head injuries.

However, we cannot show you an exact figure for what you could be awarded, as the JCG brackets are only suggestive.

Claiming For Extra Support After A Serious Head Injury

After a serious head injury, you can claim for the extra support that you needed to pay out-of-pocket for by seeking compensation under a head of loss known as special damages. This head can directly compensate you for the financial effects of the injuries you sustained, such as:

• Loss of earnings, encompassing future impacts on income, pension contributions, and bonuses.
• Dedicated support from a professional carer or loved ones to help with cleaning, dressing, cooking, and other everyday tasks.
• Speech, physical, occupational and other forms of rehabilitative therapy.
• Counselling, therapy, and other mental health services.
• Medical bills, including private surgeries, consultations, and medications.
• Adaptations to your home or car to support independence, like smart home devices, handrails, or accessible bathrooms.

Please note, you will need to provide evidence to support your claim for any financial losses. For example, you could provide payslips to highlight any lost wages or receipts for any travel expenses.

Please contact us for more information on how head injury compensation payouts are calculated.

Our Case Studies On Head Injury Claims

Below, you can learn more about head injury claims by reading our case studies.

The Criteria For Making A Head Injury Claim

You may be able to claim head injury compensation if you meet the eligibility criteria. For personal injury claims, you must prove:

• A third party, such as an occupier, road user, or employer, owed you a duty of care.
• This duty of care was breached by the third party.
• You suffered your head or brain injury because of this breach.

The points above form the basis of negligence in claims for a personal injury. If you can demonstrate that negligence occurred, you may be able to seek compensation for the harm you sustained. Evidence can help support your claim. This can include medical records and pictures of your injuries as well as the accident.

It’s also important to make sure that you start a head injury compensation claim in time, as there’s usually a time limit for taking such action.

You can learn more about the time limit for starting a brain injury claim and evidence that can support this type of claim further on in this guide. To speak to an advisor about your eligibility to claim, call using the number above.

How Long Do I Have To Make A Head Injury Claim?

The general time limit you have to begin a claim is 3 years from the date of the injury or the date you become aware of your injury. The latter is known as the date of knowledge and needs to be supported by evidence.

The time limit can be found in the Limitation Act 1980. In some cases, however, it can be possible to start a claim later than this. For instance, if children sustain brain injuries, claims are not subject to a time limit until the child reaches 18 years old. Before this date, only a litigation friend may claim on their behalf, but they can do so without the constraint of a time limit.

The rules are similar if you are claiming compensation for a traumatic brain injury on behalf of someone with a reduced mental capacity. The time limit also only begins if a recovery is made. A litigation friend must be appointed if not.

How Long Do Head Injury Claims Take?

Generally, head injury claims take around a few months to a couple of years to settle, depending on the facts of each case. There are various factors which affect this timeline, such as:

• Nature of injuries: If you have suffered an injury like a concussion, it may take some time to assess its impact fully.
• Evidence: If you already have strong evidence of your head injury and its impact on your life, it could save a lot of time. On the other hand, if you need to put together your medical and other records, it could take more time.
• Liability: If the other party admits liability for your injuries, they may offer you a settlement or at least be open to negotiation. However, if they deny any fault, you would have to collect more incriminating evidence, which would take more time.
• Negotiations: If the other party accepts responsibility for your injuries, it could take some time for you to negotiate a fair settlement. You may have to consider the option of litigation if there is a failure to arrive at a consensus.

If you work with one of our personal injury solicitors, they will outline how long your claim could take. Additionally, they can help you apply for interim payments once liability has been accepted but the details of the settlement figure haven’t been. You can get in touch with our team for more information on the process related to head injury compensation claims.

What Types Of Head Injuries Can You Claim Compensation For?

A head injury claim does not have to be for a serious injury. If you have a valid case that meets the eligibility criteria we discussed above, you could seek compensation. The head injuries you could claim for include:

• Traumatic brain injuries: May be penetrating or non-penetrating injuries. TBIs occur due to severe head impacts and fractures to the skull, and can include concussions, diffuse axonal injuries, and intracranial hematomas.
• Concussions: A mild TBI that can lead to temporary disruption of brain function. Often results from falls and vehicle collisions.
• Brain contusions: Swelling and bleeding on the brain, resulting from direct or indirect impacts like a road collision or a fall.
• Whiplash-associated head trauma: May happen when the sudden jolting symptoms of whiplash result in the brain impacting the inside of the skull, causing a concussion or other TBI. Whiplash is most commonly seen in road traffic accidents.
• Skull fractures: Involves the breaking of 1 or more bones in the skull, usually from a blow to the head, such as a high-impact collision or a falling object.
• Hematomas or haemorrhages: Brain bleeds can result in seizures and speech difficulties. They may happen due to falls, road traffic accidents, and defective machinery.

These injuries could have many different effects on you, ranging from nausea and headaches to mood changes or brain damage. These injuries could also have a psychological effect that lasts just as long, if not longer.

If you’ve suffered harm because of an incident that was not your fault, you may have the right to be compensated. Call us today to discuss how you’ve been affected by a head injury so we can evaluate your potential claim.

What Are The Causes Of Head Injuries?

There are various types of accidents that could cause someone to sustain an injury to the head. Subsequently, there are many reasons for brain injury compensation claims to be made. We have explored some examples of these in the sections below.

Head Injury At Work Claim

All employers have a duty of care to take all reasonable steps to prevent you from experiencing harm. In Great Britain, this duty is established in the Health and Safety at Work etc. Act 1974. This outlines the employer’s responsibilities to ensure that the work environment, facilities and equipment are safe enough to be used without causing harm.

Failure to uphold their duty of care could result in an accident at work causing someone to hurt their head. For example, an employer of a construction site may have failed to provide you with a safety helmet, where it was necessary and reasonable to do so. As a result, you may have sustained a skull fracture caused by falling debris.

Alternatively, you could have fallen down the stairs at work due to a spillage that hadn’t been cleaned up or signposted.

Another example could involve items being improperly stored on shelving, leading to them falling and you suffering an injury in a warehouse accident.

Road Traffic Accident

Each road user has a responsibility to ensure they take all reasonable steps to prevent others using the road from experiencing harm. To comply with this duty of care, everyone using the roads should adhere to the Highway Code and Road Traffic Act 1988.

However, in some cases, there is a failure to uphold this duty. For example, you could hit your head in a car accident or cycling accident as the result of another road user’s negligence.

A more specific example may be that a driver fails to check their mirrors before overtaking on a narrow lane. As a result, they may have knocked a cyclist off their bike because they failed to leave enough space, causing them to sustain a severe head injury.

Public Place Accidents

A slip, trip or fall accident could occur in various environments, including public places. As per the Occupiers’ Liability Act 1957, the person in control of a public space is responsible for taking reasonable steps to prevent members of the public from sustaining harm.

For example, the council should carry out regular risk assessments to ensure they are aware of any hazards and take reasonable action to either remove or control the hazard. Failing to do so could mean they fail to fix a defective maintenance hole in a reasonable time causing someone to fall down the hole and hit their head.

If you have experienced a similar type of accident that caused you harm, you may be eligible to make a minor brain injury compensation claim or seek head injury compensation. The amount of compensation you could receive for a brain injury claim will depend on many factors, including the severity of the injury and how it has impacted your daily life.

For more information, call our team, they can discuss the details of your specific case to check you’re eligible to claim.

Do I Need Evidence To Make A Head Injury Claim?

You might be wondering what steps you could take if you want to start a brain injury claim. Firstly, straight after the accident, you should prioritise getting the medical treatment you require for your injury. If you experienced your head injury at work, then you should check that the accident has been reported if you were unable to do so yourself.

After receiving treatment for your injury, you should then start gathering evidence as soon as possible such as:

• Photographs of your injury and the accident site. This can highlight the extent of your injuries.
• CCTV footage, if available. This can show the series of events that led to the accident and, in doing so, potentially highlight the liable party. Dash cam footage could also be used if you’re making a road traffic accident claim.
• Medical evidence, such as copies of scans or notes from the doctor who treated your injury. This can provide details on your prognosis and diagnosis.
• Witness statements. You can take contact details of any witnesses. They can be contacted as part of the claims process to give statements detailing what happened.

You can also arrange to get legal advice by contacting a personal injury solicitor. We recommend getting in touch with a solicitor who has previous experience in handling head or brain injury claims.

To learn more about how we can help, contact our team online or on the phone today.

How To Claim Compensation After A Head Injury

To begin a head injury claim, the first thing you should do is to simply contact our experts for free advice (on a no-obligation basis). They will discuss your circumstances with you in detail to find out whether you’re eligible to begin the claims process. If you are eligible, they can connect you with a No Win No Fee specialist head injury claims solicitor. Once your claim is in a solicitor’s hands, you can sit back and relax while you recover from your head injury. 

Our solicitors will guide you through every single step of the compensation claims process and do all of the hard work for you. They can:

• Arrange for you to have an independent medical assessment with a medical expert to assess the extent of your head injury and how it is impacting you. 
• Refer you to rehabilitation specialists, such as a psychotherapist, to aid your treatment and to ensure you are in the best care possible while waiting for the outcome of your compensation claim.
• Ensure that the head injury claim amount accurately represents your suffering. 
• Gather the needed evidence for your claim. 
• Use their years of experience to correspond and negotiate with the liable third party. 

For more information on how head injury claims are made and what’s involved, please don’t hesitate to get in touch with us today. Remember, if you are eligible for head injury compensation payouts, our solicitors can help you through each step of the claims process.

Work With A No Win No Fee Solicitor Specialising In Head Injury Claims

One of our capable solicitors may be able to help with your brain injury claim. They have experience with negotiating head injury compensation payouts for their clients.

Additionally, one of our No Win No Fee solicitors may work on your claim under a Conditional Fee Agreement. You won’t have to pay your solicitor anything for their work upfront or while your claim is progressing. Should your claim not succeed, you will not need to pay them for their services.

Alternatively, your solicitor will be owed a success fee should they succeed with your case. This fee will be directly taken from your compensation as a legally limited percentage.

Get in touch if you would like to connect with our No Win No Fee solicitors. Here’s how you can contact us:

• Call 0800 073 8804
• Fill out our contact form to arrange a free call-back.
• Speak to an online claims advisor using our 24/7 live chat service.

Frequently Asked Questions (FAQ)

Below, you can find answers to some common questions on head injury compensation claims:

What Is The Difference Between A ‘Head Injury’ And A ‘Brain Injury’ In A Legal Claim?

Head Injury is a general term for external damage (lacerations, skull/facial fractures). Brain Injury (Traumatic Brain Injury, or TBI) is damage to the brain tissue itself. In a legal claim, brain injury is considered far more severe as it affects cognitive function and long-term independence, resulting in significantly higher compensation values.

Can I Claim For A Concussion Or A Mild Traumatic Brain Injury (mTBI)?

Yes, you can. A concussion is classified as a mild TBI (mTBI). Even if symptoms resolve quickly, you can claim if you suffered loss of earnings or experienced persistent, disruptive symptoms like headaches, memory issues, or sleep disturbance, known as Post-Concussion Syndrome (PCS). You must prove the symptoms were caused by the accident.

How Long After A Head Injury Can Symptoms Appear, And Does This Affect My Claim?

Symptoms of a brain injury, particularly mTBI, can be delayed for weeks or months. This delay does not prevent a claim. Legally, the three-year time limit can start from the date you first became aware of the significant injury (the “Date of Knowledge”). Claims often require time to establish a long-term prognosis before settlement.

Can I Claim For Specialist Rehabilitation, Therapy, And Case Management Costs?

Absolutely. These are often the largest components of a severe head injury claim. Compensation (under Special Damages) covers the cost of necessary services like:

• Neuropsychological Rehabilitation
• Ongoing Therapy
• Case Management (a professional coordinating care and support)
• Home Adaptations

The goal is to ensure maximum recovery and quality of life.

Is An Interim Payment Available For Severe Head Injury Claims?

Yes, interim payments are common. This is a portion of the final compensation paid early to cover urgent, immediate needs. This is crucial for funding private rehabilitation, specialist care, or necessary home adaptations before the case reaches a final settlement. They are typically granted once the defendant has admitted liability.

Can I Make A Head Injury Claim After A Fall At Work?

Yes, if your employer was negligent. You can claim if the fall was caused by a breach of the employer’s duty of care, such as failing to provide a safe system of work, neglecting HSE regulations, or failing to address known workplace hazards (e.g., inadequate guarding on heights, wet floors, or poorly stacked materials).

Learn More About Making A Head Injury Claim

• For safety advice, please visit the Royal Society for the Prevention of Accidents (ROSPA).
• Visit the NHS website for medical information about head injuries and concussion.
• If you’ve experienced post-traumatic stress disorder after your accident, read our guide for more information on seeking compensation.

Thank you for reading our guide on claims for head injury compensation.