A brain injury claim is a claim for compensation brought by someone who has sustained a traumatic brain injury, or by their family after a fatal brain injury, because of another party’s negligence. Emaari Legal pursues these claims for people with a diagnosis of moderate to very severe, life-changing brain trauma, and recovers the cost of rehabilitation, care and lost income alongside compensation for the injury itself.
A brain injury changes a family’s life within seconds, often while the injured person is still unconscious or too unwell to give instructions. Emaari Legal’s solicitors can visit a claimant at home or in hospital within 24 hours of being asked, so decisions about funding and next steps do not have to wait until the person is well enough to travel.
How does a brain injury claim work?
A brain injury claim starts with a free consultation to establish what happened, who was responsible, and whether the claimant (or a family member acting for them) is ready to instruct a solicitor. From there the case is investigated, evidence is gathered, and, where liability is accepted or proven, damages are negotiated or decided by a court.
Where the injury leaves the claimant unable to manage their own affairs, the claim is brought by a litigation friend, usually a close family member, who gives instructions and makes decisions on the claimant’s behalf. Whether someone has that capacity is judged against the Mental Capacity Act 2005, and if compensation is later awarded to a person who still lacks capacity, the money is managed by a deputy appointed by the Court of Protection, supervised by the Office of the Public Guardian.
The medical picture is built through expert reports prepared under Part 35 of the Civil Procedure Rules, typically from neurologists, neuropsychologists and care experts. Interim payments can often be requested before the claim concludes, so that rehabilitation, equipment or adapted housing do not have to wait for final settlement. Most brain injury claims settle without a trial, but where liability or value cannot be agreed, proceedings continue in the County Court or, for the most serious and highest-value injuries, the High Court.
Acute treatment after a serious brain injury usually takes place in an NHS major trauma centre, before the claimant moves into a rehabilitation phase that the claim itself helps to fund.
What is a brain injury?
A brain injury, for the purposes of a compensation claim, is damage to the brain caused by an external force, a traumatic brain injury, in a road traffic collision, a fall, a workplace accident or an assault. Emaari Legal acts in serious brain injury claims only: concussion and minor head injuries with a full recovery, and injuries arising from medical or clinical treatment, fall outside the firm’s scope. Clinicians grade severity using the Glasgow Coma Scale, which measures the level of consciousness at the time of injury, and post-traumatic amnesia, which measures how long the person’s memory of events remained disrupted afterwards.
The Judicial College Guidelines, used by solicitors and the courts to value general damages, grade brain injury on a scale from minor through moderate to very severe. The most severe bracket is reserved for injuries that leave the claimant with little or no meaningful response to their environment, needing full-time care for life.
| Severity | Clinical picture | Judicial College Guidelines bracket |
|---|---|---|
| Minor | Brief disruption to consciousness, short post-traumatic amnesia, good recovery | Minor brain injury (outside Emaari Legal’s serious-injury scope) |
| Moderate | Longer post-traumatic amnesia, some lasting cognitive, behavioural or physical effects | Moderate brain injury |
| Severe | Extended loss of consciousness, prolonged post-traumatic amnesia, significant lasting disability | Severe brain injury |
| Very severe | Little or no meaningful response to the environment, lifelong dependency | Very severe brain injury (top bracket) |
Many brain injuries occur alongside other serious harm. Where a brain injury is accompanied by damage to the spinal cord, the spinal cord injury and paralysis claim covers the additional physical disability, and where the trauma causes lasting anxiety, depression or post-traumatic stress rather than (or as well as) physical damage, that is dealt with as a psychiatric and psychological injury claim. Both sit alongside brain injury within Emaari Legal’s wider serious injury claims work.
What does a brain injury claim cost?
A brain injury claim brought through Emaari Legal costs the claimant nothing upfront. Claims are handled under no win, no fee funding, and the free consultation at the outset means a family can find out where they stand before committing to anything. Before-the-event legal expenses insurance, sometimes already held through a motor or home insurance policy, is also checked during that first conversation as a possible way to fund expert evidence and disbursements.
How much compensation can I claim for a brain injury?
Brain injury compensation is made up of general damages, for the pain, suffering and loss of amenity caused by the injury itself, and special damages, for the financial losses that flow from it. General damages are assessed by reference to the Judicial College Guidelines bracket that matches the severity of the injury; special damages cover lost earnings, past and future care, case management, equipment, home adaptations and rehabilitation costs, and are calculated individually for each claimant rather than read from a table. The personal injury compensation amounts page explains how general and special damages are built up in more detail.
For the most serious brain injuries, where lifelong care will be needed, compensation can be structured partly as a lump sum and partly as periodical payments: index-linked annual payments for life, made under the Damages Act 1996, specifically to fund care and case management. That structure matters because it removes the risk of the money running out decades into a claimant’s life, since the payments continue for as long as the claimant lives rather than stopping once a fixed sum is spent.
What is the time limit for a brain injury claim?
The standard time limit for a brain injury claim is 3 years from the date of the accident or from the date the claimant first knew the injury was linked to someone else’s fault, under the Limitation Act 1980. Several groups fall outside that standard rule.
| Claimant | Time limit |
|---|---|
| Adult with mental capacity | 3 years from the accident or date of knowledge |
| Child | 3 years from the 18th birthday, so a claim can be brought up to the 21st birthday |
| Person lacking mental capacity | Suspended while incapacity continues; the 3-year period runs again if capacity returns |
| Fatal brain injury | Brought under the Fatal Accidents Act 1976, with its own time limit |
| Criminal injury (CICA) | Normally within 2 years of the incident |
Because a serious brain injury can itself remove someone’s capacity to bring a claim, the limitation clock may not be running at all while that incapacity continues, which is one reason early advice matters even where a case looks complicated.
Who is liable for a brain injury?
Liability for a brain injury depends on how it happened and rests on proving that another party owed the claimant a duty of care, breached that duty, and caused the injury as a result. A road traffic collision typically points to the other driver’s insurer, and where the driver was uninsured or could not be traced, the claim is pursued through the industry compensation scheme for victims of uninsured and untraced drivers instead. A workplace brain injury, for example from a fall from height or a blow from machinery, may also have been investigated by the Health and Safety Executive, whose findings can support the claim. An assault causing brain injury can be pursued through the Criminal Injuries Compensation Scheme, run by CICA, which does not require the offender to be identified or convicted and normally requires the application within 2 years of the incident. Where a brain injury proves fatal, the claim is brought by the family under the Fatal Accidents Act 1976.
Rehabilitation and support after a brain injury
Neuro-rehabilitation is the coordinated treatment that follows the acute hospital phase of a brain injury, typically combining physiotherapy, occupational therapy, speech and language therapy and neuropsychology to rebuild function and independence as far as possible. A case manager often coordinates this care alongside the claim, and funding for rehabilitation while the claim is ongoing is arranged under the Rehabilitation Code 2015, the framework solicitors and insurers use to agree treatment without waiting for the case to conclude. Families frequently also turn to Headway, the brain injury charity, for practical and emotional support alongside the legal process.
Where to go next
Emaari Legal’s solicitors act only for claimants, hold the Law Society Personal Injury Accreditation and belong to MASS (the Motor Accident Solicitors Society), and cover the whole of England and Wales from offices in London and Manchester. A free consultation establishes whether there is a claim, what funding options apply, and whether a home or hospital visit within 24 hours would help while the claimant is unwell.
Frequently Asked Questions
How much compensation do you get for a brain injury?
There is no fixed amount: general damages depend on the severity bracket in the Judicial College Guidelines, and special damages depend on the claimant’s actual losses, including care, lost earnings and rehabilitation. The personal injury compensation amounts page explains how these figures are worked out.
What are the long-term effects of brain injury?
Long-term effects vary widely and can include memory and concentration problems, personality or behavioural change, fatigue, physical disability and difficulty returning to work or education. The severity bracket used in a claim, from minor to very severe, reflects how significant and lasting those effects are expected to be.
How is a brain injury settlement paid?
Smaller settlements are usually paid as a single lump sum. Where lifelong care is needed, a settlement can instead combine a lump sum with periodical payments under the Damages Act 1996, so that care funding continues for the claimant’s life rather than being fixed at the point of settlement.
What benefits can I claim after a brain injury?
Some claimants may be entitled to state benefits related to disability or incapacity alongside a compensation claim. Entitlement depends on individual circumstances, so this is worth raising during the free consultation rather than assumed either way.
Do I need a litigation friend to bring a brain injury claim?
A litigation friend is only needed where the claimant cannot give instructions themselves, whether because they are a child or because the brain injury has left them without the mental capacity to manage the claim under the Mental Capacity Act 2005. In that situation, a family member typically takes on the role and instructs the solicitor on the claimant’s behalf.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Arrange a free consultation about a brain injury claim.