Acquired brain injury

Acquired brain injury FAQs

• What are the impacts of an acquired brain injury?

  The medical consequences of an acquired brain injury on an injured person can vary considerably depending on the location, severity, cause, and nature of the injury. The person’s age and state of health prior to the injury will also often contribute to the overall impact of it. Acquired brain injuries can range from mild concussions to severe injuries which cause physical and cognitive injuries resulting in long-term disabilities.

  ABIs can often lead to significant cognitive and emotional challenges. Memory, attention, problem-solving, personality/behaviour, speech and executive functions and can be impaired. Sometimes these problems can be very severe, preventing the injured person from returning to work or caring for themselves or their families. Even if there is no, or minimal physical impairment, cognitive injuries can be very disabling, where the injured person requires considerable care and support.

  The physical impact of brain injuries are also wide-ranging. These can include, for example, weakness, paralysis, coordination problems and spasticity, all of which can impair a person’s ability to walk or mobilise, exercise, carry out daily activities, work and live independently.  As a result, rehabilitation is often considered a critical component of recovery for those with ABIs. Many of those who are reliant on NHS rehabilitation do not have a full package of support and this can impair their overall recovery. At Shoosmiths, we carefully craft comprehensive care and rehabilitation packages to suit the individual and obtain compensation to ensure that person meets their full potential.

  ABIs can also cause sensory impairment, such as visual or hearing loss. In addition, many people with acquired brain injuries can suffer psychologically, either as a result of the brain injury itself or because it is difficult to come to terms with the impact of their disability. Our specialist acquired brain injury lawyers understand how devastating an ABI can be to an injured person and their families. We are patient, caring and will help our clients seek psychological support and therapies where appropriate.

  Aside from the physical and cognitive impacts on the injured person, other impacts can be wide-ranging. Acquired brain injuries can affect family dynamics, particularly when a spouse or loved one is relied upon to provide care and support to the injured person. Personality changes and emotional responses to the injury can also impact the injured person’s family. At Shoosmiths, we understand it is not just the injured person who is affected by their ABI. We are therefore fully accustomed to assisting the injured person along with their family.

  There are often considerable financial impacts of Acquired brain injuries. This can arise if the injured person is no longer able to work or is required to reduce their hours. Similarly, there can be a loss of earnings if a family member is also required to give up work to care for the injured person. If private care is obtained, this can be very expensive.

  Many injured people are required to move home if their house is unsuitable and buy aids and equipment or make adaptations to their home which can be very costly.

• How do I know if I have a medical negligence claim for an acquired brain injury?

  If you have suffered an acquired brain injury following medical treatment, or any other form of accident, it is important that you obtain legal advice as soon as possible to determine whether you have a valid claim. Our specialist brain injury lawyers can assist you with this. If you think you may have a claim, try to provide as much information as possible. A diary or other documents such as medical records, letters, complaint documents, reports etc can also help us assess whether you may have a claim.

• What evidence do I need to support my claim?

  Writing a diary or a timescale of the events as they happen, or soon after is usually very helpful. If you or a loved one has suffered from a brain injury, we understand that life can become a blur of doctors, hospital, rehab and other appointments. Sometimes it can be hard to remember when you look back. A clear timeline of events helps us to understand exactly what has happened, and when.

  It is important during the claim to obtain documentary evidence, such as medical records, procedures and protocols, incident reports etc, which our specialist lawyers will usually do on your behalf. Expert evidence is often needed, and our team will discuss this with you during your case.

• How do I claim compensation for an acquired brain injury?

  A claim for acquired brain injury compensation goes through several stages before it’s settled.

  Some claims take longer to settle than others, but we always try to make the process as straightforward as possible by keeping you informed. We will work with you and your opponent who may be an insurer, the NHS Resolution or a defence organisation to get the best possible outcome. It means that we will always keep you in the loop, make sure you get the right rehabilitation options and try to resolve any dispute as soon as we can.

  1. Get in touch: we’ll assess the prospects of success of your claim and if there are good prospects of success we can take your case on a No Win No Fee basis. We will also advise you on other suitable means of funding to include Legal Aid (if available) and existing insurance cover.
  2. One of our serious injury experts will take up your case, offering an unrivalled level of knowledge and expertise. This expert is also your point of contact throughout.
  3. We’ll contact the individual or organisation at fault for your injury and start gathering evidence.
  4. While we know it can cause distress, we will arrange for you to undergo independent medical examinations to learn the full extent of the ABI and the impact it will continue to have. We will also find out if there is a need for immediate treatment – as well as any ongoing care or rehabilitation needs that will need to be considered.
  5. If the other party accepts fault for your injury, we will request an interim payment of compensation to fund your treatment and care needs and to reduce your financial burden.
  6. Our specialist lawyers will work out how much compensation we think you should get.
  7. Many claims are settled out of court, but in some cases, it’s important for us to start the court process. This is because it’ll give us a set time before a claim needs to be settled.
  8. By this point, we will hopefully know if your claim has been a success. If it has, you will then receive a compensation award.
  9. A settled claim isn’t the end of our journey together. We’re here for you 24/7 after the claim is settled – continuing to provide the expert support you need when you need it. 

• How much compensation can I expect from an acquired brain injury claim?

  The amount of compensation available varies considerably, depending on the nature of your injury and any long-term effects. Compensation is valued based on the severity of the injury. Some of our clients with more severe brain injuries have received compensation of £30 million, or more.

  Claimants can claim ‘general damages’ which are a sum to compensate them for their pain, suffering and loss of amenity. These amounts vary depending on the extent of the injury. Guidelines are produced by the government called the Judicial  College (JC) guidelines, which provide brackets for different types of injuries. The values change over time. However, in 2025 the bracket for general damages is between £2,690.00 for very minor injuries, to £493,000 for the most severe brain injuries.

  People who have suffered acquired brain injuries can also claim ‘special damages’, which are actual financial losses they have or will incur in the future as a result of the injury. This can include, for example:

  • Care and assistance (including care provided by family members or external carers)
  • Accommodation or home adaptations – often injured people require adaptations to their current home, or a new home altogether.
  • Aids and equipment – this is a wide-ranging head of loss and can include mobility aids such as wheelchairs, hoists and mobility scooters, equipment in the home to assist with bathing and housework, or assistive technology such as eye gaze software or other communication devices.
  • Rehabilitation and therapies – this can include for example physiotherapy, neurorehabilitation, hydrotherapy, occupational therapy, and orthotics.
  • Loss of earnings – this can include past or future loss of earnings and can apply if you are no longer able to work, you have reduced your hours, you will need to retire early, or you have been required to change your job as a result of your injuries.
  • Pension loss – this often occurs if there is a loss of earnings.
  • Medical or other treatments – this can include the private cost of any medical treatments caused by your injuries, such as private surgery, psychological therapies or any ongoing routine private medical treatment.
  • Deputyship costs – if the injured person lacks capacity to manage their finances, a deputy is appointed to manage this on their behalf.
  • Case Management – those who have suffered brain injuries often require a complex package of care and support, sometimes for the remainder of their lifetime. A case manager assists in managing this support, the care regime, occupational therapists and the ongoing purchase of aids and equipment.    

  Our specialist lawyers will take time to understand all of the ways in which you and your family have been affected by your injury, and how you will continue to be affected in the future to ensure that any compensation will last for as long as you need it.  

• How long do I have to make a claim after being diagnosed with an acquired brain injury?

  There is a time limit for making a claim for an acquired brain injury, which is three years from the date of the accident or date of knowledge that you have suffered a significant injury.

  But if you’re starting a claim on behalf of a child, the three-year limit doesn’t start until their 18th birthday.

  If you fail to bring a claim within the relevant time limits, your case is likely to be statute barred i.e. you will be unable to pursue it any further. 

  If you did not have capacity as defined under the Mental Capacity Act 2005 before you suffered the acquired brain injury or you have lost capacity as a result of the acquired brain injury and as a consequence you are unable to make a decision for yourself under the Mental Capacity Act 2005 there is no fixed time limit for bringing a claim unless you regain capacity. Given the complexities of the law on this and the potential consequences if you don’t bring a claim in time, we would always recommend investigating any claim as soon as possible.

• Can I make a claim on a ‘no win, no fee’ basis?

  Most of the claims that we support are on a no win no fee basis and if necessary supported by an “After the Event” insurance policy to protect you from any costs liability. This means that if the claim fails through no fault of your own, provided that you have complied with the terms of all funding and insurance agreements and court rules, you will not be responsible for any legal costs. We won’t recommend you pursue your claim unless we think it has a good chance of success.

  For more details about our no win no fee and why you might also want to consider "After the Event" insurance, please see our page on funding your claim.

• Can I get legal aid funding for a claim?

  Legal aid funding is now only available for medical negligence claims involving babies who have suffered a brain injury at birth, or within 8 weeks of their birth.  The birth also must take place after the 37th week of pregnancy, and the baby must have suffered a neurological injury causing physical or mental disability which was caused by clinical negligence.

  Our brain injury solicitors are experienced in running cases which are funded by legal aid.