Brain Injury Claims

Updated June 2026

A brain injury claim in England and Wales is one of the most complex and high‑value areas of personal injury law. The stakes are high because even a mild injury can affect memory, behaviour, employment, independence and long‑term health. There are different types of brain injuries and how they happen – whether in a work accident, traffic collision, public space or even as a result of medical negligence.

 

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What Counts as a Brain Injury?

The term “brain injury” covers several categories, each relevant when assessing liability, causation and compensation.

 

1. Traumatic Brain Injury (TBI)

A traumatic brain injury happens when an external force damages the brain. Common causes include falls, blows to the head, road collisions, assaults, or being struck by falling objects. TBIs range from concussions to skull fractures, and haemorrhages. Symptoms may include headaches, dizziness, memory loss, behavioural changes, sensory impairment and long‑term cognitive decline.

Example:

A site supervisor suffered life changing injuries, including bleeding on the brain, after he fell from the roof of a school in Burnley, according to a media report by the Health and Safety Executive (HSE). He had climbed up onto the roof of the school on an unsecured ladder to collect footballs, when he fell from the roof onto the concrete playground. The HSE investigation found the roof had no edging protection, while the school trust did not have a standalone work at height risk assessment, or a safe system of work outlining how such a task could be done safely.

 

2. Non‑Traumatic Brain Injury (NTBI)

A non‑traumatic brain injury is caused by internal factors such as oxygen deprivation, stroke, infection, tumour growth, chemical exposure or poisoning. NTBIs often arise in workplaces involving hazardous substances, or in medical settings where oxygen supply or monitoring fails.

Example:

During routine surgery, a 58‑year‑old woman experienced a drop in oxygen levels because an anaesthetic machine malfunctioned and the anaesthetist reacted too slowly. She developed hypoxic brain injury, affecting her memory and processing speed.

 

3. Acquired Brain Injury (ABI)

An acquired brain injury is any injury occurring after birth, including both traumatic and non‑traumatic causes. ABI is the umbrella term used by clinicians and lawyers when assessing long‑term functional impact.

Example:

A 67‑year‑old man arrived at A&E with stroke symptoms, but staff misdiagnosed him and delayed treatment. He missed the thrombolysis window and suffered long‑term cognitive and mobility problems.

How Brain Injuries Happen: Key Claim Scenarios

Brain injuries can occur in many environments. Below are the most common claim routes in England and Wales.

 

Brain Injuries at Work

Workplace accidents are a major cause of TBIs and NTBIs. Employers owe a strict duty of care under the Health and Safety at Work Act 1974.

You may be able to claim if your injury resulted from:

 

• Falling objects: common on construction sites and warehouses.
• Falls from height:  ladders, scaffolding, platforms or unsafe mezzanines.
• Vehicle incidents on site: forklift collisions or reversing accidents.
• Exposure to toxic substances: leading to NTBI through poisoning or oxygen deprivation.
• Lack of PPE: especially missing hard hats or respiratory protection.

Brain Injuries in Road Traffic Accidents

Road collisions are one of the leading causes of TBIs across England and Wales. You may claim if you suffered a brain injury as:

 

• Driver: including high‑speed impacts or side collisions.
• Passenger: even if the driver was at fault.
• Pedestrian: often involving severe head trauma.
• Cyclist or motorcyclist:  where helmets may reduce but not eliminate injury risk.

According to the UK Department of Transport statistics, there were 29,911 killed or seriously injured casualties in 2025. Of these, motorcyclists (384) made up the largest percentage increase of fatalities, while cyclist casualties (16,027) showed the largest percentage change.

Brain Injuries in Public Places

Public liability claims arise when an organisation fails to keep premises reasonably safe.

You may claim for a brain injury caused by:

 

• Slips and trips: wet floors, uneven pavements or unmarked hazards.
• Falling signage or fixtures:  in shops, gyms, restaurants or leisure centres.
• Sports facility negligence:  unsafe equipment or poor supervision.

Local authorities, private companies or venue operators may be liable.

Brain Injuries After Surgery or Medical Treatment

Medical negligence can lead to NTBI or ABI when standards fall below those expected of a reasonably competent clinician.

You may claim for a brain injury caused by:

 

• Oxygen deprivation during surgery
• Anaesthetic errors
• Delayed diagnosis of stroke
• Failure to treat infection
• Medication errors

To succeed with a compensation claim for clinical negligence, you must show the clinician breached their duty of care and that breach directly caused the injury.

When Can You Claim Compensation for a Brain Injury?

To claim compensation for a brain injury in England and Wales, three legal tests must be met:

 

1. Duty of Care

The defendant must have owed you a duty, however employers, drivers, councils, medical professionals and businesses all have legal obligations to prevent foreseeable harm in England and Wales.

2. Breach of Duty

You must prove the defendant failed to meet reasonable safety or clinical standards, such as:

 

• Not providing PPE
• Failing to maintain premises
• Driving negligently
• Incorrect surgical technique
• Delayed diagnosis

3. Causation

The breach must have directly caused or materially contributed to your brain injury.

If these elements are satisfied, you can claim compensation for:

 

• Pain and suffering
• Loss of earnings and future earning capacity
• Care and support
• Rehabilitation and therapy
• Specialist equipment
• Adapted housing
• Travel and medical expenses

Time Limits for Brain Injury Claims

The standard limitation period is three years from the date of injury or the date you became aware the negligence caused the injury (date of knowledge). For children, the clock starts ticking at age 18. For individuals lacking mental capacity, the time limit may not apply until capacity is regained.

Why Brain Injury Claims Are Treated Differently

Brain injury victims can often find doing day-to-day tasks difficult. Rehabilitation can help a lot of those people to carry out these practicalities. Brain injuries do not just affect the person who has been directly involved as family and friends are often left to care for victims of a brain injury.

Brain injuries often require:

 

• Long‑term rehabilitation
• Neuropsychological assessment
• Occupational therapy
• Lifetime care planning
• Specialist case management

Because of this, compensation values are significantly higher than typical personal injury claims. Very severe brain damage can attract compensation of up to £490,000 while minor brain injury compensation can range between £2,690 – £15, 580 (according to Judicial College Guidelines).

FAQs About Brain Injury Claims

Can I claim if symptoms appeared weeks later? Yes, delayed symptoms are common in TBIs and ABIs.

Do I need medical evidence? Yes, neuroimaging, clinical notes and expert reports are essential for a claim for compensation

Can I claim on behalf of someone else? Yes, if they lack capacity or are under 18.

Are brain injury claims high value? Typically, yes due to long‑term impact on independence and earning ability.

How Can We Help Today?

We will guide you through the claims process. The solicitors we partner with offer an initial free consultation, as well as No Win, No Fee agreements which means no upfront costs.

Contact us today at 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

 

This blog is for informational purposes only and does not constitute legal or medical advice. Always consult with a medical professional and a qualified solicitor to understand your specific circumstances.