HM Insights

How to make a claim for a Brain or Head Injury?

This week is Action for Brain Injury Week which is a week–long awareness event organised by the brain injury charity, HeadwayOn Day 3 of Brain Injury Week Marina Harper from our Personal Injury team looks at the need for the right legal advice if you are considering making a brain or head injury claim. 


Fortunately, many traumatic brain injury patients make a good recovery.  However, when the symptoms are long lasting or permanent, the impact can be devastating.  Costly treatment, help from family, time off work, loss of income, the list is endless. 

When a brain injury has happened as a result of an accident the right legal advice is crucial.  The prospect of pursuing a claim can be daunting.  Here are just some of the steps a specialist solicitor would navigate on your behalf.

Who was responsible for your accident?

Any claim for compensation is made as a result of someone's negligence.  We need to ascertain what they did, or what they failed to do, and how this led to your accident.  Thorough investigation and ingathering of evidence is required to establish these facts. 

What brain or head injuries have you sustained?

Detailed assessments by independent medical experts are required to understand the full extent of your injuries, the impact on your life and the prognosis for the future.

Do you require any treatment for your brain or head injury?

Treatment and rehabilitation may assist in your recovery. This can be arranged privately to avoid any lengthy waiting lists. 

How much is a brain or head injury claim worth?

The valuation of your claim is not only based on the presence of a brain injury but other factors such as the severity of the injury, the impact on your life and the prognosis for recovery. You can find out more on how much you can receive for a brain or head injury on our compensation calculator page. Remember every case is different and will vary according to your specific circumstances.

  • Minor injuries, if any brain damage it will be minimal up to £9,000
  • Less severe brain damage, good recovery up to £31,000 
  • Major Brain damage up to £290,000

Can I get an interim payment?

Recovery can be a slow process and if you are unable to get back to work financial pressures soon mount.  Subject to the liability investigations it is possible to obtain an interim payment to ease these pressures. 

Will I need to go to court for a brain or head injury claim?

It is often necessary for a court action to be raised to ensure the right level of compensation is achieved. However, many cases settle during the course of the court action.  The court would issue a timetable with various dates for parties to adhere to and all of which are designed to encourage settlement of your case.

It's something that no one ever wants to have deal with, but if you or a loved one has suffered a brain injury as a result of an accident that was not your fault the specialist team at Harper Macleod can guide you through the claim process providing support along the way.