Acquired brain injury compensation claims

Acquired brain injuries can have a devastating impact on your life. If somebody else was at fault, you could be entitled to make an acquired brain injury compensation claim.

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Acquired Brain Injury Claims

If you or a loved one suffered any damage to the brain that was caused by another party’s negligence or wrongdoing, you may be eligible to make an acquired brain injury claim.

Common causes of acquired brain injuries include road traffic accidents, accidents at work, falls, sports incidents and medical negligence. These can lead to lifelong consequences such as memory loss, paralysis, seizures, depression, and changes in vision or personality.

We understand how devastating a brain injury can be, and we are here to support you through this difficult time. Our specialist solicitors would be happy to offer you a free case assessment and advise you on your legal options.

To find out if you can proceed with an acquired brain injury compensation claim, call 0800 470 0474 today for a free consultation or request a call back.

Find out if you can claim

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Table of Contents

What is an acquired brain injury?

An acquired brain injury (ABI) refers to any injury or damage to the brain that occurs after birth and is not caused by a degenerative or congenital condition.

Common causes of acquired brain damage include blows to the head, drug and alcohol abuse, infections and a lack of oxygen to the brain. There are two main types of ABIs:

Traumatic brain injury (TBI): Brain damage caused by an external force such as a road traffic accident, fall or assault.
Non-traumatic brain injury: Damage to the brain caused by internal events rather than an external physical force, such as strokes, tumours, infections, toxins and drugs.

The severity of an ABI can range from mild concussions to catastrophic brain damage, which may result in permanent disability, memory loss, speech difficulties or behavioural changes.

If you suffered an acquired brain injury because of someone else’s negligence, you may be entitled to compensation for your pain, suffering and related financial losses.

Am I eligible to make an acquired brain injury claim?

The easiest way to find out if you can claim for an acquired brain injury is through a free consultation with a specialist personal injury solicitor who can verify whether:

Another party owed you a legal duty of care.
They breached this duty through an action or inaction.
Their negligence directly caused your brain injury.
You are within the legal time limit for making a claim (usually 3 years).

If these can be established and supported with evidence, the solicitor will take on your case and guide you through all the steps of the claims process. This involves:

Gather supporting evidence, including reports from brain injury specialists.
Determine the full extent of your injury and its impact on your life.
Send a letter of claim to the defendant outlining your allegations and the compensation sought.
Negotiations (if liability is admitted) or court proceedings (if liability is denied).

What evidence do I need to support my claim?

If you suffered a brain injury and you want to make a personal injury claim, you will need clear evidence showing how the injury occurred, its impact, and who was at fault. This can include:

Medical records documenting your diagnosis, treatment and prognosis.
Expert medical reports linking the negligence or accident to your brain injury.
Photographs, videos or CCTV footage of the accident that caused your injury.
Accident reports from your employer, the police or the owner of the premises where the incident occurred.
Statements from witnesses supporting your version of how the events unfolded.
Financial records proving loss of earnings, care costs and other related expenses.

Your solicitor will assess all the evidence you already have and will help you collate everything else you may need to make a successful claim for compensation.

How do I make a claim for a brain injury on behalf of a loved one?

If a loved one has suffered an acquired brain injury due to someone else’s negligence, you may be able to represent them as a litigation friend. A parent, another family member or friend can claim compensation on behalf of:

A child under the age of 18.
An adult who is mentally incapacitated and is a protected party under the Mental Capacity Act 2005. This could be due to the brain injury itself or a pre-existing condition such as autism or Down syndrome.

You can read more about how you can represent your loved one here: What is a litigation friend?

What are the leading causes of an acquired brain injury?

Acquired brain injuries can result from a wide range of accidents and circumstances that could lead to a negligence claim, including:

Road traffic accidents

Road traffic accidents are one of the leading causes of ABIs. A blow to the head during a high-speed collision can cause severe, life-changing brain damage, especially to vulnerable road users such as pedestrians, cyclists and motorbike riders.

Workplace accidents

Falls from height, being struck by falling objects, machinery accidents or crush injuries can lead to significant head trauma at work. Employers must take all reasonable measures to keep employees safe from harm, or they could be held liable in a workplace accident compensation claim.

Public place accidents

Slips, trips and falls are the most common accidents in public places, despite being caused by easily preventable hazards such as wet floors and uneven pavements. Falling and hitting your head on a hard surface can cause anything from concussions to severe brain trauma.

Criminal assaults

Violent assaults involving punches, kicks and weapons can cause direct damage to the brain, sometimes with devastating long-term effects. Claims for assaults are typically dealt with by the Criminal Injuries Compensation Authority (CICA).

Clinical negligence

An acquired brain injury can be the result of various types of medical negligence cases, such as:

Failing to diagnose or treat a stroke or infection promptly.
Surgical mistakes causing brain tissue damage.
Anaesthetic errors that lead to oxygen deprivation of the brain.
Prescribing the wrong medication or an incorrect dosage.

Carbon monoxide poisoning

Exposure to carbon monoxide and other toxic fumes and substances that deprive the brain of oxygen can damage brain cells, causing lasting damage.

If your injury was caused by any of these or another type of negligence, a specialist solicitor can offer you the support you need to make a successful compensation claim.

What could be the impact of a brain injury?

The long-term effects of a brain injury can range from minor to debilitating, and can include the following:

Cognitive effects

Short-term or long-term memory loss.
Difficulty learning new information.
Poor decision-making and problem-solving abilities.
Difficulty concentrating and paying attention.
Problems with speech and understanding language.

Physical effects

Chronic pain, headaches and dizziness.
Fatigue and trouble sleeping.
Seizures.
Muscle weakness or paralysis.
Loss of balance and coordination.
Loss of vision or hearing.
Sensory issues, such as sensitivity to light and noise.
Loss of bowel or bladder control.

Emotional and behavioural effects

Depression and anxiety.
Irritability, aggression or impulsivity.
Emotional instability or mood swings.
Loss of motivation or apathy.
Reduced empathy or changes in social behaviour.
Personality changes.

Other long-term consequences

A brain injury can extend beyond physical, sensory or emotional issues and also lead to:

Strained relationships and social isolation.
Loss of independence.
Dependence on carers or family members.
Inability to work or reduced earning capacity.
Loss of income and career opportunities.
The need for long-term medical treatments and rehabilitation.

If you have a valid claim for acquired brain injury compensation, you will be compensated for all the ways in which your life has been affected by the injury.

How can acquired brain injury compensation help?

An acquired brain injury claim aims to put you back in a position similar to where you would have been had the injury not occurred.

Besides recognising your pain and suffering, compensation can provide essential financial support to help you and your loved ones rebuild your life and cover:

Hospital treatment, surgery and medication.
Physiotherapy, occupational therapy and speech therapy.
The cost of counselling and psychological support.
The cost of care and assistance, even if provided by a loved one.
Home and vehicle adaptations to support a disability.
Mobility aids and specialist equipment.
Lost earnings during recovery and loss of earning capacity.
Lost pension contributions and employment benefits.
Travel costs to and from hospitals and therapy sessions.

Any other financial losses and out-of-pocket expenses incurred because of your injury.

What are the average compensation payouts for acquired brain injuries?

There is no set amount of compensation awarded for acquired brain injuries. Your payout will depend on the type and severity of the damage incurred and its impact on your life. All claims cover two types of damages:

General damages, awarded for pain, suffering and loss of amenity.
Special damages, awarded for past and future financial losses and expenses.

According to historical cases and the Judicial College guidelines, you could receive:

£2,690 to £15,580 for a minor head injury causing symptoms such as nausea and headaches that resolve within a few weeks or months.
£18,700 to £52,550 for a more severe brain injury that causes ongoing but moderate symptoms that can impact work and daily life.
£52,550 to £267,340 for moderate brain injuries that cause permanent damage to intellect, personality changes and a degree of reliance upon others.
£267,340 to £344,150 for severe brain injuries with significant cognitive and physical impairment and inability to work or live independently.
£344,150 to £493,000 for catastrophic injuries with lost ability to communicate, little response and a need for 24-hour care.

What is the time limit to start an acquired brain injury compensation claim?

There is a general three-year period for starting a claim under the Limitation Act 1980. In acquired brain injury claims, this typically begins from when the injury is diagnosed and linked to some form of negligence. Exceptions include:

Claims made on behalf of children can be made at any time before the child’s 18th birthday, after which the three-year limitation period begins.
There is no time limit to make a claim on behalf of an injured person who lacks mental capacity.
There is a two-year time limit to claim compensation through the CICA.

Do brain injury solicitors offer a No Win No Fee service?

Yes. If you can proceed with a claim, our team of specialist brain injury lawyers would be happy to offer you a no win no fee agreement. This means complete peace of mind, since you pay nothing upfront, or if you lose the claim.

Your solicitor will only get a success fee if your claim is successful. This is deducted from your compensation payment and capped by law at 25%.

Start your claim today!

If you or someone you love suffered a brain injury following an incident that was not their fault, get in touch with our team of specialist solicitors.

If you can proceed with a claim, they will handle all communication on your behalf and ensure you receive the maximum compensation award you are entitled to.

For a free case assessment, contact us today on 0800 470 0474 or use our online claim form to request a call back.

Last edited on 30th Nov 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.

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