Brain Injury Lawyers

Specialist brain injury solicitors

A brain injury can change everything, your ability to work, your relationships, your independence. Recovery is rarely straightforward, and the financial impact can be severe and long-lasting. Our brain injury solicitors represent people who have suffered serious brain injuries following accidents, medical negligence and other traumatic incidents.

We handle claims at every level of complexity, from moderate injuries with lasting cognitive effects to catastrophic cases involving lifelong care needs. Osbornes Law is independently ranked among the leading brain injury law firms in England and Wales.

Our solicitors hold specialist APIL accreditation for brain injury claims, and we have recovered some of the largest brain injury settlements in the country, including substantial awards for children. We also support and work alongside Headway, Headway East London and The Brain Injury Group.

What is a brain injury?

A brain injury is any damage to the brain caused by trauma, illness, lack of oxygen or another external factor. Brain injuries vary enormously in their severity and their effects on daily life.

Traumatic brain injury (TBI)

A traumatic brain injury is caused by a sudden external impact, a blow to the head, a fall, a road traffic accident or an assault. TBIs range from mild concussion to severe injuries with lasting neurological damage. Even injuries initially described as mild can lead to persistent symptoms including headaches, cognitive difficulties and mood changes.

Acquired brain injury (ABI) and acquired brain damage

An acquired brain injury occurs after birth and is not caused by an external impact. This includes injuries caused by stroke, brain haemorrhage, infection (such as meningitis or encephalitis), tumour, or oxygen deprivation. Acquired brain damage claims require specialist handling, the medical evidence is often complex and the long-term consequences may not be immediately apparent. Our solicitors have extensive experience in acquired brain damage claims and understand the particular challenges these cases present in establishing causation and valuing long-term needs.

Hypoxic and anoxic brain injury

Hypoxic brain injury (partial oxygen deprivation) and anoxic brain injury (total oxygen deprivation) are among the most serious injuries we handle. These often arise from medical negligence, a failure to monitor a patient, a delayed diagnosis, or an error during surgery. The consequences can be severe and permanent, and claims of this nature require experienced specialist representation. If your injury is primarily a head injury without a diagnosed brain injury or neurological damage, our head injury solicitors can advise on the most appropriate route for your claim.

Common causes of brain injury claims

Brain injury claims arise in many different circumstances. If another party was responsible for your injury, you may be entitled to claim compensation. Common causes include:

• Road traffic accidents, collisions involving cars, motorcycles, cyclists and pedestrians
• Accidents at work, falls from height, falling objects, and other workplace incidents
• Slips, trips and falls, particularly where premises were poorly maintained
• Assaults, claims can be pursued through the civil courts or via the Criminal Injuries Compensation Authority (CICA)
• Medical negligence, surgical errors, delayed diagnosis, birth injuries, failures in post-operative care
• Sports injuries, where negligence by a coach, club or organiser contributed to the injury

If you are unsure whether you have a claim, contact us for an initial assessment. We will advise you honestly on the merits of your case.

Symptoms and long-term effects of brain injury

The effects of a brain injury are highly individual and may not be fully apparent in the early stages. Some people recover well with time and rehabilitation; others experience symptoms that persist indefinitely and fundamentally alter their quality of life. Common effects include:

• Cognitive difficulties, problems with memory, concentration, processing speed and executive function
• Fatigue, often severe and poorly understood by others
• Headaches and chronic pain
• Changes in mood, behaviour and personality
• Anxiety and depression
• Sensory changes, altered vision, hearing or taste
• Speech and language difficulties
• Physical impairments, weakness, loss of coordination, seizures

Where symptoms are persistent or worsening, expert medical evidence is essential to understand prognosis and to ensure that compensation reflects the true long-term impact of the injury. Our solicitors work with leading neurological and neuropsychological experts to build cases that properly account for ongoing needs.

Types of brain injury claims we handle

Traumatic brain injury claims

We represent clients who have suffered traumatic brain injuries in accidents, including road traffic accidents, accidents at work and public liability incidents. Many of our clients have injuries that involve multiple areas of loss, cognitive, physical and psychiatric, and we ensure each element is properly evidenced and claimed.

Acquired brain damage claims

Acquired brain damage often arises from medical negligence or a sudden medical event. These claims are among the most complex we handle. We have a strong track record in this area and our solicitors understand both the medical issues and the particular legal challenges that acquired brain damage claims present.

Child brain injury claims

Brain injuries in children require particular expertise. The long-term consequences, for education, development, employment and independence, may take years to fully emerge, and the claim must be structured to reflect a lifetime of need. Our solicitors have extensive experience in child brain injury claims and work with paediatric specialists, educational psychologists and care experts to ensure that settlements properly provide for the child’s future. Claims involving children follow specific court procedures, and we ensure that all settlements are properly approved and structured.

Brain injury from medical negligence

Where a brain injury was caused or contributed to by a failure in medical care, a claim may be brought in medical negligence. Common examples include failure to diagnose and treat a bleed on the brain, birth injury causing brain damage, and errors during surgery or anaesthesia. These claims require coordinated expertise in both personal injury and medical negligence law. Our team has the depth of experience to pursue these cases effectively.

Fatal brain injury claims

Where a brain injury has resulted in death, the family may be entitled to bring a claim for bereavement, dependency and funeral expenses. We handle these cases with particular sensitivity and ensure that the full financial and emotional impact on the family is reflected in any settlement. Not sure whether you have a brain injury or head injury claim? There is an important distinction. Head injury claims cover injuries to the head, face and skull where there is no diagnosed neurological damage. Brain injury claims involve diagnosed neurological injury and typically require more specialist medical evidence. If you are unsure which applies to you, contact us and we will advise.

How compensation is calculated for a brain injury claim

Brain injury compensation typically comprises two main elements. General damages (pain, suffering and loss of amenity) reflect the injury itself. Awards are guided by the Judicial College Guidelines and vary widely depending on the severity of the injury, the prognosis, and the impact on the claimant’s life. For the most severe brain injuries resulting in permanent disability and full dependence, general damages alone can exceed £400,000. Special damages cover the financial consequences of the injury and are often the larger element in serious brain injury claims. These include:

• Care and case management, past and future costs of professional and family care
• Rehabilitation, physiotherapy, occupational therapy, neuropsychology, speech therapy
• Accommodation, where the injury requires the claimant to move to adapted or specialist housing
• Equipment and aids, wheelchairs, assistive technology, home adaptations
• Loss of earnings, past and future, including pension loss
• Medical treatment, ongoing specialist treatment and medication
• Transport, where the injury affects the claimant’s ability to travel independently

In cases involving significant ongoing needs, the claim must be supported by expert evidence from care, accommodation, employment and other specialists. Our solicitors have the experience to identify and value each head of loss accurately, ensuring that you receive compensation that genuinely reflects your needs now and in the future. A personal injury trust can ensure these funds are protected and used appropriately over time. Where liability is established early, we can apply for interim payments to fund rehabilitation and care while the full claim is resolved. Early access to rehabilitation can make a significant difference to long-term outcomes, and we pursue interim payments as a priority in serious cases.

Brain injury compensation amounts

The table below sets out the general damages ranges from the Judicial College Guidelines (16th edition), the reference used by courts in England and Wales to value brain injury claims. These figures cover pain, suffering and loss of amenity only. In serious cases, special damages (care, lost earnings, rehabilitation, accommodation) are often the larger part of the total award and can significantly exceed the general damages figure.

Judicial College Guidelines: general damages ranges

• Minor head/brain injury (full or near-full recovery, no lasting neurological damage): up to £15,320
• Less severe brain damage (good recovery, able to work, some ongoing symptoms): £15,320 – £52,550
• Moderate brain damage (moderate to severe intellectual deficit, some independence, personality change): £150,110 – £219,070
• Moderately severe brain damage (very serious disability, significant dependence on others for daily tasks): £219,070 – £282,010
• Severe brain damage (very serious disability, little or no response, full dependence): £282,010 – £403,990
• Most severe brain damage (little meaningful response, permanent vegetative or minimally conscious state): up to £493,000

These are general damages only. In cases involving a young claimant with serious ongoing care needs, lifetime loss of earnings and specialist accommodation requirements, the total settlement can run into several million pounds. Osbornes Law has recovered some of the largest brain injury settlements in England and Wales, including multi-million pound awards for children and young adults with lifelong needs.

Factors that affect the amount of compensation

Within each bracket, the precise award depends on a range of factors:

• Age, a younger claimant will typically recover more to reflect a longer period of lost earnings and care needs
• Occupation and earning capacity, high earners and those who can no longer work face greater financial loss
• Care and support needs, the extent of professional and family care required, now and in the future
• Prognosis, whether recovery is expected, and over what timescale
• Psychiatric consequences, depression, anxiety, PTSD and personality change are claimed separately and add to the overall award
• Impact on relationships and independence, loss of ability to carry out daily activities, hobbies and family responsibilities

To get an accurate picture of what your claim may be worth, speak to one of our specialist brain injury solicitors. We will assess every head of loss individually and give you a realistic valuation based on the specific facts of your case.

Recent brain injury settlements

Six-figure settlement for a doctor with cognitive injuries after a low-speed collision

Stuart Kightley acted for a Hungarian locum neurologist who was struck by a vehicle as she crossed a road next to a roundabout. Although the impact was at low speed and she was discharged from hospital after a few days, persistent headaches, dizziness and difficulty concentrating affected her ability to do her job. Specialist neuro-radiology imaging showed diffuse axonal injury, and reports from neuro-psychology, neurology, speech and language and orthopaedic experts established that her cognitive skills and ability to work had been affected. The defendants accepted the evidence and the case settled by negotiation for a six-figure sum. Read the full case study.

£150,000 for a pedestrian struck by a learner driver

Eloise Mears acted for a young professional struck on a pedestrian crossing by an unsupervised learner driver. He suffered a traumatic brain injury, a dislocated shoulder and a soft tissue knee injury, spending 11 days in hospital. Eloise secured insurer funding for a dedicated Rehabilitation Case Manager who coordinated specialist therapies and a phased return-to-work plan, allowing him to resume his career while accommodating the lasting effects of the brain injury. The case settled for £150,000. Read the full case study.

£380,000 for a pedestrian hit by a scooter

Siobhan McIvor, Partner in the personal injury team, settled a claim at a Settlement Meeting for a pedestrian struck by a scooter who suffered a traumatic brain injury with ongoing cognitive issues, complete loss of sight in one eye and orthopaedic injuries. The insurer initially denied liability and made progressively higher buy-off offers from £50,000 to £230,000, all of which were rejected on Osbornes’ advice. The case settled at the meeting for £380,000, with substantial interim payments and insurer-funded rehabilitation secured during the claim. Read the full case study.

The brain injury claims process

First discussion and case assessment

We offer an initial discussion to assess your claim. We will ask about the circumstances of your injury, the impact it has had, and what treatment you have received. We will give you an honest assessment of the merits of your claim and explain how we would approach it.

Investigation and establishing liability

We investigate how the accident or incident occurred and gather evidence to establish that another party was responsible. This includes accident reports, witness statements, photographs, records and, where necessary, expert evidence from accident reconstruction specialists or other experts.

Obtaining medical evidence

Medical evidence is the foundation of any brain injury claim. We instruct leading neurological and neuropsychological experts to assess the nature and extent of your injury, your prognosis, and the impact on your daily life and future. Where the injury involves psychiatric consequences, we instruct specialist psychiatric experts.

Valuing the claim

We work with a range of specialists, care experts, employment consultants, accommodation experts, financial advisors, to value every aspect of your claim. In serious cases this is a substantial exercise, and we take the time to do it properly.

Negotiation and settlement

The majority of brain injury claims settle through negotiation, without the need for a trial. We negotiate robustly on your behalf and will not recommend a settlement that does not properly reflect your needs. Where the defendant does not make a fair offer, we are fully prepared to litigate.

Court proceedings

If your claim proceeds to court, our solicitors have the experience and preparation to represent you effectively. We brief leading barristers where appropriate and ensure that your case is presented at the highest level.

No win no fee brain injury claims

We handle the majority of brain injury claims on a no win no fee basis (a conditional fee agreement). This means:

• You pay nothing upfront
• If your claim is unsuccessful, you pay us nothing
• If your claim succeeds, our fee is recovered from the defendant’s insurer or deducted from your compensation, we will explain exactly how this works before you instruct us

No win no fee funding means that access to specialist legal representation is not dependent on your financial position. If you have a strong claim, we can take it on regardless of your means.

Brain injury FAQs

How long do I have to make a brain injury claim?

In most cases, you have three years from the date of the accident or injury to bring a claim. For claims arising from medical negligence, the three-year period typically runs from the date you became aware (or should reasonably have become aware) that your injury may have been caused by negligence, this is known as the date of knowledge. There are important exceptions. Where the injured person lacks mental capacity, the three-year limitation period does not run. For children, the three-year period does not begin until their 18th birthday, meaning they have until age 21 to bring a claim in their own name (though a litigation friend can bring a claim on their behalf at any time before that). If you are close to the three-year deadline, contact us urgently.

What are the stages of making a brain injury claim?

The main stages are: an initial discussion and investigation; obtaining and exchanging medical evidence; valuing the claim with specialist experts; negotiation with the defendant’s insurers; and settlement or trial. In complex cases this process typically takes two to four years, though interim payments can be obtained earlier where liability is clear.

How much compensation can I get for a brain injury?

This depends on the severity of the injury and its consequences. Moderate brain injuries with some lasting effects may result in awards of £40,000–£200,000. Severe brain injuries with permanent disability and significant care needs can result in settlements in the millions, particularly where the claimant is young and has a lifetime of care costs ahead. We can give you a more specific indication once we have assessed the details of your case.

Who will my claim be against?

This depends on how the injury occurred. In a road traffic accident it will typically be the driver’s insurer. In a workplace accident, your employer’s liability insurer. In a medical negligence claim, the NHS trust or private healthcare provider. In cases involving assaults where the perpetrator has no assets, a claim may be made to the Criminal Injuries Compensation Authority.

How long does a brain injury claim take?

Straightforward cases may settle within 12–18 months. Complex cases involving catastrophic injury, disputed liability or difficult medical evidence may take three to five years. We pursue cases as efficiently as possible and keep you informed at every stage.

Can I claim if the accident was partly my fault?

Yes. If you were partly responsible for your accident, your compensation may be reduced by a percentage reflecting your contribution, this is called contributory negligence. It does not prevent you from making a claim.

What if the brain-injured person cannot manage the claim themselves?

Where the injured person lacks mental capacity, a litigation friend, usually a family member, can conduct the claim on their behalf. We regularly act in cases of this kind and can guide you through the process. If there is no obvious litigation friend available, we can advise on the alternatives. If you have been affected by a brain injury and want to understand your options, contact our specialist brain injury solicitors today to discuss your case.

★★★★★

“Following a severe car accident, in which I sustained brain and spinal injuries, I needed legal representation to fight my corner. I can personally vouch for Ben Posford a solicitor from Osbornes and his team. Through their advocacy, individual and personalised approach, and hard work, I finally received the assessments, care and treatments that I so desperately needed. Worries about the future; care and treatments, professional and personal financial losses are thankfully no longer an issue. A big warm and heartfelt thank you to Ben and his team.”

Common causes of brain injuries

• road traffic accidents
• cycling helmet impacts
• falls from height at work
• sports concussions

Closely related injuries

• head injuries
• spinal cord injuries
• multiple injuries