Head Injury Claims

Updated July 2026

If you, or a loved one has suffered from a head injury through no fault of your own, you may want to find out more about compensation for head injury claims. Your injury may have happened at work, in a road collision, in a public place, or even during surgery. However, if someone else’s negligence caused your injury, you may be eligible to claim compensation which typically covers not only your pain and suffering, but also any financial losses (such as lost wages).

We take a look below at when negligence may apply and why you should use an experienced personal injury solicitor when making a claim.

What Counts as a Head Injury?

A head injury includes any trauma to the skull, scalp, or brain. When it comes to claims in England and Wales, head injuries generally fall into three main categories:

• Traumatic brain injuries (TBI): caused by external force, such as a blow, impact, or sudden acceleration/deceleration. Examples include concussions, skull fractures, contusions, and diffuse axonal injuries.
• Non‑traumatic brain injuries (non-TBI): caused by internal events like oxygen deprivation, toxic exposure, or medical complications.
• Acquired brain injuries: any brain injury that develops after birth, including both traumatic and non‑traumatic causes.

Well-known UK charity, Headway advises there is a range of different kinds of brain injuries and that a brain injury can lead to a variety of effects, which may even include behavioural and emotional changes.

When it comes to making a personal injury claim, each of these three types affects how liability is assessed, what evidence is needed, and how compensation is valued.

Head Injuries at Work

Workplace head injuries often occur due to unsafe working environments, inadequate training, or failures in health and safety compliance. This may include failing to provide PPE, ignoring risk assessments, or not following HSE regulations.

Common causes include:

• Falling objects
• Slips, trips, and falls
• Faulty equipment
• Vehicle incidents on construction or industrial sites
• Poorly maintained premises

To claim compensation, you must show your employer breached their duty of care. This may include failing to provide PPE, ignoring risk assessments, or not following HSE regulations.

Real Life Example of Negligence at Work:

The Health and Safety Executive (HSE) reported that a worker suffered from a fatal head injury after becoming entangled in unguarded machinery. The HSE investigation found that the South Yorkshire company failed to prevent access to dangerous moving parts. The HSE has guidance on the safe use of work equipment and machinery guarding as required under the Provision and Use of Work Equipment Regulations (PUWER),

If your head injury happened because your employer failed to keep you safe, you may be entitled to pursue a workplace injury claim.

Head Injuries in Road Collisions

Road traffic accidents are one of the most common causes of traumatic head injuries. In fact, according to the Road Safety Charity Brake, road accident statistics reveal that 28,804 people were seriously injured on UK roads in 2024. You may be able to claim for a head injury if you were:

• A driver hit by another vehicle
• A passenger injured in a collision
• A cyclist struck by a car
• A pedestrian knocked down
• A motorcyclist thrown from their bike

Negligence applies when another road user acted carelessly or unlawfully. This may be speeding, failing to look properly, driving while distracted, or ignoring road signs.

Examples of negligence on the road:

• A driver rear‑ending you at a junction
• A vehicle pulling out without checking mirrors
• A motorist using a phone and drifting into your lane

If someone else caused the collision, you may be eligible to file a road traffic accident claim.

Head Injuries in Public Places

Businesses, councils, and landowners are legally required to keep public spaces reasonably safe. You may be able to claim compensation if your head injury happened in:

• Shops or supermarkets
• Restaurants or bars
• Car parks
• Pavements or walkways
• Leisure centres or gyms

Negligence occurs when hazards are not identified, repaired, or signposted.

Common examples of public‑place negligence:

• Slipping on an unmarked wet floor
• Tripping on a raised paving slab
• Being struck by falling fixtures or signage
• Poor lighting causing a fall

Head Injuries After Surgery (Medical Negligence)

Head injuries can also arise from medical errors. This may include:

• Surgical mistakes
• Anaesthetic complications
• Misdiagnosis or delayed diagnosis
• Failure to monitor oxygen levels
• Medication errors causing neurological harm

To claim for clinical negligence, you must show:

1. A duty of care existed
2. The clinician breached that duty
3. The breach directly caused your head injury

This is known as the ‘Bolam’ principle, and it determines whether the care you received fell below the standard expected of a reasonably competent medical professional. In other words, your injury was a result of substandard care.

Examples of medical negligence causing head injuries:

• Brain damage due to delayed treatment of a stroke
• Surgical error causing bleeding or oxygen deprivation
• Failure to diagnose a skull fracture
• Incorrect medication leading to neurological injury

How Head Injuries Can Affect Your Life

A head injury can have a significant impact on your everyday life, particularly when it affects the brain. While some people recover fully after a minor injury involving concussion, others may experience ongoing physical, emotional, or cognitive difficulties that affect their independence, relationships and ability to work.

The effects of a head injury can vary depending on the severity and part of the brain affected. Common challenges may include:

• Memory and concentration problems: difficulty remembering information, focusing on tasks, or processing thoughts clearly.
• Fatigue and reduced energy: feeling exhausted after activities that were previously manageable.
• Headaches and dizziness: ongoing symptoms that may affect mobility, confidence and daily routines.
• Changes in mood or behaviour: including anxiety, depression, irritability or personality changes.
• Communication difficulties: problems finding words, understanding information or expressing thoughts.
• Reduced ability to work or carry out normal activities: requiring time off work, adjustments, rehabilitation or additional support.

For people who suffer a serious traumatic brain injury, the impact can extend beyond the initial recovery period. They may require ongoing medical treatment, rehabilitation, specialist equipment, care support or adaptations to their home and lifestyle.

When valuing a head injury claim, compensation is not only based on the injury itself. A solicitor will also consider how the injury has affected your quality of life, ability to work, future financial needs and if any care or rehabilitation is required.

Why Should You Use a Solicitor for a Head Injury Claim

Head injury claims are complex. Firstly, evidence is crucial, such as medical records, accident reports, CCTV & photos, witness statements and expert opinions. In addition, head injuries may often involve long‑term symptoms, cognitive changes, psychological trauma, and future‑loss calculations. A specialist solicitor strengthens your case by:

• Gathering strong evidence
• Proving liability
• Arranging independent medical assessments
• Calculating long‑term financial losses
• Negotiating with insurers
• Protecting you from low settlement offers
• Handling all legal procedures
• Ensuring your claim is fully valued

We partner with experienced solicitors who offer a free, no-obligation consultation to assess whether you have a valid claim. They also offer No Win No Fee agreements, meaning you pay nothing upfront and nothing if the claim does not succeed.

How Much Compensation Can You Claim?

Given the unique circumstances around every claim, compensation is different for every case but generally depends on:

• Injury severity
• Symptoms and recovery time
• Impact on daily life
• Loss of earnings
• Care and rehabilitation needs
• Future financial losses

Your solicitor will be able to estimate compensation regarding your specific claim – see our Compensation Calculator.

Start Your Head Injury Compensation Claim

If your head injury happened because someone else failed to keep you safe, you may be entitled to compensation.

To discuss your potential claim in confidence, contact us on 0333 358 3034 or complete our online contact form.

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer