Making a traumatic brain injury claim
A head injury from the crash has changed how you think, feel, or cope day to day.
A traumatic brain injury (TBI) claim covers lasting damage to the brain. It is caused by a blow, jolt, or penetrating injury during a road accident.
It differs from concussion, which is a milder and usually temporary form of brain injury. A TBI can bring permanent changes to thinking, mood, or physical function.
This page explains how the injury is assessed, the evidence it needs, and how future care and lost income are claimed alongside it.
What a traumatic brain injury involves
A TBI ranges from a moderate injury with a period of confusion or memory loss. It can extend to a severe injury involving prolonged unconsciousness and lasting disability.
Effects are not only physical. They often include changes to memory, concentration, personality, or mood.
Family members are frequently the first to notice these changes, since the person affected may not recognise how much has shifted.
How it changes daily life and work
Everyday tasks such as managing money, following a conversation, or planning a day can become genuinely difficult. Fatigue is common and can limit both work and simple social activities.
Returning to a previous job is often delayed. A role requiring concentration or quick decisions may not be possible at the same level as before.
The evidence this claim needs
A neurologist or neuropsychologist’s assessment is central to a TBI claim. It can show effects that are not obvious from the outside.
This should cover the injury, treatment, cognitive and emotional effects, and a realistic long-term outlook, including likely future care needs. Statements from family members about day-to-day changes can support the medical evidence, particularly 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 realistic outlook
Some recovery is common in the months after a moderate injury, particularly with early rehabilitation. A specialist’s prognosis is a far more reliable guide than the first weeks after the accident.
Many people with a moderate to severe TBI live with some lasting effect, even after the most obvious recovery has happened.
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 why a case like this is usually better handled with support from an early stage.
Common questions
How is a traumatic brain injury different from concussion?
Concussion is generally a milder, temporary brain injury that resolves within weeks. A traumatic brain injury can involve longer unconsciousness, lasting changes to memory, mood, or physical function, and a more detailed medical assessment to establish the full extent of the damage.
Can changes in mood or personality be part of a brain injury claim?
Yes, where a neurologist or neuropsychologist connects those changes to the injury. Family members often notice these effects before the injured person does, and their observations can support the medical evidence in showing how the injury has changed daily life.
Is loss of future earnings always included in a brain injury claim?
It can be, generally where the person was earning at the time of the accident and the injury affects their ability to work. This is assessed against the medical evidence and is subject to conditions set out in law, rather than being automatic.
How long after the accident can the true effects of a brain injury be known?
Often not for several months, since some effects only become clear once the person tries to return to normal routines and work. A specialist's later assessment is usually far more reliable than an early one for setting out the real prognosis.