Making a traumatic brain injury claim

A traumatic brain injury (TBI) claim covers lasting damage to the brain caused by a blow, jolt, or penetrating injury in a road accident.

Concussion is itself a mild traumatic brain injury, and even a mild TBI can have lasting effects.^[3] This page focuses on moderate to severe TBI, which can bring permanent changes to thinking, mood, or physical function. If you have a concussion or ongoing symptoms, keep your medical records and see a doctor. You may still have a claim.

What a traumatic brain injury involves

A TBI ranges from a moderate injury with a period of confusion or memory loss to a severe injury with prolonged unconsciousness and lasting disability.

Effects are not only physical. They often include changes to memory, concentration, personality, or mood. Family members are often the first to notice, since the person may not see how much has changed.

How it changes daily life and work

Managing money, following a conversation, or planning a day can become difficult. Fatigue is common and can limit both work and social activities.

Returning to a previous job is often delayed. A role needing concentration or quick decisions may not be possible at the same level.

The evidence this claim needs

A neurologist or neuropsychologist’s assessment is central. It can show effects that are not obvious from the outside.

It should cover the injury, treatment, cognitive and emotional effects, and the long-term outlook, including likely future care needs. Statements from family about day-to-day changes can support the medical evidence, especially where the person’s own account understates the effect.

How the injury factors into your claim

General damages are assessed against a published compendium of injury awards, together with the medical evidence.^[1] A moderate to severe TBI sits well above a straightforward injury on that scale.

Where the person was working before the accident, a claim for loss of future earnings may apply. This is generally subject to an upper age limit.^[2]

The psychological and emotional effects of a TBI can also be reflected in the claim, alongside the physical injury. Psychological injury explains this further.

Recovery and outlook

Some recovery is common in the months after a moderate injury, especially with early rehabilitation. A specialist’s prognosis is a more reliable guide than the first weeks after the accident.

Many people with a moderate to severe TBI live with some lasting effect.

What to do next

Early referral to a neurologist or brain injury rehabilitation service matters for both recovery and the claim. It starts the medical record that everything else builds on.

Do you need a lawyer explains when to bring one in. An independent lawyer can take on a TBI claim, including future care and lost income. Send the accident date, where it happened, what has changed, and the police report status.