Brain and Head Injury Claims
Brain and head injury solicitors in England
A serious head or brain injury can change memory, mood, speech, movement and independence – for the injured person and for everyone who cares for them. Cooper Hall Solicitors helps people across England pursue brain and head injury claims after road accidents, workplace incidents and other negligence. We focus on early rehabilitation funding, interim payments and a settlement that reflects lifelong needs – not a rushed figure.
Parent page: serious injury claims. We are authorised and regulated by the SRA (number 639467), with offices in Bradford BD7 1HR and Blackburn BB2 2DH.
What a brain or head injury claim involves
Traumatic brain injury (TBI) and significant head injuries range from concussion with lasting symptoms to catastrophic injury requiring 24-hour care. Claims typically examine:
- How the accident happened and who was at fault
- Neurological, neuropsychological and other expert evidence on injury and prognosis
- Care, case management, therapy and accommodation needs
- Impact on work, education and family life
Common causes include road traffic collisions (including motorcycle and pedestrian cases), falls from height at work, and incidents in public places. Whatever the setting, the legal focus is negligence, causation and full quantification of loss.
Interim payments while the claim continues
Serious brain injury claims often take years because the long-term prognosis must be clear before final valuation. That does not mean you must wait for every bill to be paid from your own pocket. Where liability is admitted (or strongly evidenced), we can seek interim payments to help fund treatment, care, equipment, adaptations and lost income while the claim continues. We apply for these as early as the evidence allows.
Rehabilitation and the Rehabilitation Code
Early, coordinated rehabilitation can make a real difference after a serious brain injury. Where appropriate, we work within the spirit of the Rehabilitation Code – encouraging early needs assessment and, where the defendant insurer engages, funding for treatment and support that aids recovery without waiting for final settlement.
Rehabilitation may include physiotherapy, occupational therapy, speech and language therapy, neuropsychology, pain management, vocational rehab and other specialist input depending on your injuries. We push for needs to be assessed properly rather than left until the end of the case.
Case managers
For complex brain injury claims, an independent case manager can coordinate care, therapy and practical support – liaising with clinicians, family and carers so rehabilitation stays organised. Case-management costs that are reasonably required because of the injury can form part of the claim. We discuss when a case manager is likely to help and how that fits with interim funding.
Home adaptations, care costs and loss of earnings
Life-changing brain injury injuries often change how you live and work. Special damages can include, where evidenced:
- Home adaptations – ramps, wet rooms, stairlifts, door widening, accessible kitchens, or alternative accommodation needs assessed with occupational therapy and housing experts where required.
- Care and assistance – professional care and the unpaid care provided by family, valued properly rather than overlooked.
- Aids and equipment – mobility aids, communication devices, prostheses-related kit (where relevant), and other equipment recommended by experts.
- Loss of earnings and pension – time off work, reduced hours, changed role, or permanent loss of earning capacity, including future career path where the evidence supports it.
Personal injury trusts and the Court of Protection
A large compensation award can affect means-tested benefits if paid into your own name. A personal injury trust is often used to hold damages so that benefits entitlement can be protected, subject to the rules that apply to your situation. We explain the timing and practical steps; for a plain-English overview see our article How a Personal Injury Trust Protects Benefits.
Where the injured person lacks mental capacity to manage the claim or the award, the Court of Protection may need to appoint a deputy (or approve a settlement). We guide families through capacity issues carefully and work with appropriate medical and financial evidence. This is general information – your circumstances decide what is required.
What compensation can include
There is no fixed settlement figure for brain and head injury claims. Valuation is case-specific. For pain, suffering and loss of amenity, the Judicial College Guidelines are commonly used as a reference alongside medical evidence and comparable case law. Cooper Hall does not publish guideline bands or predicted pound figures on this page (none are published as ranges on our live serious-injury pages).
A claim may include general damages for pain and suffering, and special damages for care, adaptations, earnings, rehabilitation, case management, travel and other financial losses – including future needs where evidenced.
This page does not guarantee compensation or any particular amount. Other clients’ outcomes do not predict yours.
Time limits in England (general information)
This is general information about limitation in England, not formal legal advice.
- Usual rule: many adults have three years from the accident (or from the date of knowledge in some non-RTA contexts) to start a court claim.
- Children: the three-year period generally runs from the 18th birthday.
- Lack of capacity: if the injured person lacks mental capacity to conduct litigation, time may not run in the usual way while that continues.
- Fatal claims: estate and dependant claims have specific time limits – seek advice promptly.
Serious injury cases need early evidence gathering even when final prognosis is not yet clear. Contact us sooner rather than later.
Brain and head injury claims – frequently asked questions
What counts as a brain or head injury claim?
Claims cover traumatic brain injury and significant head injury caused by another party’s negligence – for example in a road collision, workplace accident or public liability incident. Effects can include cognitive change, memory problems, personality change, epilepsy risk, physical impairment and the need for long-term care or support.
Can I get an interim payment before the claim finishes?
Yes, where liability is admitted or the evidence is strong enough. Interim payments can help fund treatment, care, adaptations and lost income while prognosis is still developing. We apply as early as possible.
What is the Rehabilitation Code and will I get a case manager?
The Rehabilitation Code encourages early assessment of rehabilitation needs and, where insurers engage, funding for treatment that aids recovery. In complex brain injury cases a case manager often coordinates therapy and care. We discuss what is appropriate for your situation.
How do personal injury trusts and the Court of Protection fit in?
Large awards can affect means-tested benefits; a personal injury trust is often used to hold damages. If the injured person lacks capacity, the Court of Protection may appoint a deputy. See our article on how a personal injury trust protects benefits, and ask us what applies to you.
How long do brain injury claims take?
Often two to four years or longer, because cognitive and functional outcomes can evolve. Settling before prognosis is reasonably clear risks under-settlement. Interim payments help bridge the gap.
Is a brain injury claim available on a No Win No Fee basis?
Where appropriate, yes. We explain funding, any success fee and insurance before you proceed. An initial assessment is free and without obligation.
Request a free assessment of your brain or head injury claim
Share a short outline of the accident and injuries. Enquiries are confidential. Call 0333 777 5001, Bradford 01274 488877, or Blackburn 01254 943385, or email enquiries@cooperhallsolicitors.co.uk.
If you or someone you love is living with the effects of a serious head or brain injury caused by negligence, we are here to listen and to plan the next legal steps – with No Win No Fee options where appropriate.
Cooper Hall Solicitors handles serious personal injury claims, including brain and head injury, for clients across England. SRA number 639467. Offices in Bradford BD7 1HR and Blackburn BB2 2DH. Related: serious injury claims / personal injury trusts.