For most people, the term’ brain injury compensation ‘conjures up images of serious injury claims that lead to significant compensation being awarded to those who have suffered catastrophic head injuries sustained in car accidents, accidents at work or as a result of medical negligence.
Some brain injury claims result in compensation awards running into the millions of pounds. Statistics reveal that approximately 919 people were admitted to hospital every day for treatment of head injuries in 2023-2024. Of those, some will have sadly been diagnosed with severe brain damage.
Headway, the Brain Injury Association, has produced statistics indicating that 95% of patients reporting to the hospital with head injuries will only suffer mild symptoms, e.g., a brief period of unconsciousness or feeling sick and dizzy for a short while.
What of the remaining 5%? They are the ones left with either moderate head injury or severe brain injury.
Headway estimates that there are between 10,000 and 20,000 severe traumatic brain injuries yearly. A violent blow to the head most commonly causes traumatic brain injury (TBI).
How to Use this Guide
Section One
- In this section, we discuss the varying degrees of severity in brain injuries, ranging from ‘very severe’ brain damage to minor head injuries.
- In the briefest of terms, we outline the overall effect each degree of severity has on the injured person.
- We also provide a rough guide to the amount of damages (compensation) that the courts may award for pain, suffering, and loss of amenity (PSLA) in cases where the injured person is bringing a claim for a brain injury against those responsible for the incident that caused the traumatic brain injury.
Damages for PSLA do not include other financial claims, such as loss of earnings, costs of therapy, care, medical equipment, and more.
Section Two
In section two, we look at:
- Concussion: a form of brain injury that is often disregarded, sometimes with tragic consequences.
- We say, ‘there’s no such thing as an insignificant brain injury’.
- Why some brain damage claims achieve multi-million compensation awards, and why they shouldn’t be considered a kind of ‘lottery win’.
Section Three
Our final section looks at some of the most important aspects of bringing a brain damage claim, such as:
- Rehabilitation
- Periodical Payment Orders (PPOs)
- Purchasing a new home
- What to do when the injured person lacks the mental capacity to deal with their own affairs.
Section One
Severe Traumatic Brain Injury
Severe traumatic brain injuries result in a loss of consciousness of more than 6 hours and a Glasgow Coma Scale of 3 to 8. The Glasgow Coma Scale is the most common method of describing the level of consciousness in a person who has suffered a traumatic brain injury.
Very Severe Brain Damage
By ‘very severe’, we mean that the victim’s brain damage is so acute that they are left with serious physical and mental disabilities. The injured person will be required to adapt to a new way of living. The effects of severe brain injuries are also felt acutely by the victims’ families, and their lives will change drastically.
People often mistakenly think that compensation at this level is paid only for the injury the victim has suffered, but that’s not the case. There will also usually be significant claims for special damages, such as loss of earnings and other items (see below).
At the very severe level of brain damage, the amount of compensation (also known as general damages) for PSLA (Pain, Suffering and Loss of Amenity) will be in a bracket somewhere between:
£344,150 to £493,000 (Figures according to Judicial College Guidelines 17th Edition, 2024).
Moderately Severe Brain Damage
An injured person in this category will still have a severe disability and a substantial requirement for care and dependence on others.
£267,340 to £344,150 (Figures according to Judicial College Guidelines 17th Edition, 2024).
Moderate Traumatic Brain Injury
Moderate traumatic brain injuries are brain injuries where the injured person is unconscious for between 30 minutes and 24 hours after the incident that caused trauma. Applying the Glasgow Coma Scale, they typically score between 9 and 12.
Whilst persons with brain injuries in this category may be unable to communicate, suffer partial paralysis, and/or have impaired learning and ‘problem solving’ skills (cognitive skills), they have a better chance of making some form of recovery from their injuries than those who have severe traumatic brain injuries. They are also likely to benefit more from rehabilitation.
Judicial Guidelines compensation scales for moderate brain damage are:
£52,550 to £267,340 (Figures according to Judicial College Guidelines 17th Edition, 2024).
Within the category of moderate brain damage, the severity of the injury varies widely. Hence, the reason the bracket of damages to be applied is equally broad.
At the most severe level of injury within this category will be those:
- whose intellect is moderately to severely damaged,
- have undergone a personality change,
- whose sight, sound or speech sense is severely impaired,
- are at significant risk of epilepsy occurring
- have no prospect of employment
At the least severe level of injury that comes within this category will be those for whom:
- Their memory and ability to concentrate will be affected
- Their ability to carry out any work will be reduced
- There is a slight risk of epilepsy developing
- Any dependence on others is minimal
Mild Traumatic Brain Injury
A mild traumatic brain injury is one where loss of consciousness following a head injury lasts for 30 minutes or less.
Judicial guidelines for mild traumatic brain injury compensation for pain, suffering and loss of amenity are as follows:
Less Severe Brain Damage (the injured person has made a good recovery and can return to regular work and social life)
(Figures according to Judicial College Guidelines 17th Edition, 2024).
£18,700 to £52,550
Minor brain or head injury (brain damage will have been minimal)
£2,690 to £15,580
Section Two
Is Concussion a Form of Brain Damage?
‘Concussion’ is another name for mild-traumatic brain injury. It’s referred to as being a ‘traumatic injury’, because a blow to the head causes it.
Concussion can be caused by:
- Accidents at work
- Road traffic accidents
- Slip, trip and fall on the public highway
- Criminal assault
Although concussion is usually associated with the head being struck by another object, it can also be caused if the head is shaken back and forth. Concussion, which is caused by the whiplash effect that takes place when two motor vehicles collide, is an example of this.
Concussion is a temporary disturbance of the brain’s function.
Symptoms include:
- Dizziness
- Headaches
- Tiredness
- Problems sleeping
- Being oversensitive to light
- Difficulty balancing
- Struggling with concentration
- Forgetting to do things
- Unable to process information
- Low mood
- Irritability
- Feeling upset for no apparent reason
How Quickly Do the Symptoms of Concussion Appear?
They can appear straightaway, or it may take a few days or, in some cases, weeks before they do so. It’s for this reason that professional sportspersons who suffer head injuries while playing sports often have to abide by a concussion protocol, which dictates when they can resume playing.
If a person has only mild symptoms such as a headache or is feeling dizzy or sick, then it’s probable that they’ve suffered a mild head injury and not concussion.
Should symptoms persist, particularly if accompanied by a change in behaviour, a visit to the accident and emergency department of a local hospital will be necessary to check whether concussion or something more severe is the cause.
If concussion is present, after a few days of rest, most people will have made a full recovery.
One of the dangers of mild TBIs is that their symptoms – headaches, difficulty thinking, mood swings – are often disregarded as being part and parcel of everyday life when, for instance, a person is overworked or suffering stress. It is easy for the injured person to carry on with their day-to-day life as usual.
When this happens, complications can arise, characterised by symptoms such as persistent headaches, fatigue and mental impairment. The condition is known as post-concussion syndrome. This is known as ‘post-concussion syndrome’.
One of the longer-lasting effects of post-concussion syndrome can be depression, problems with concentration and loss of memory. Whilst most people recover within a few weeks, symptoms can last for months or even up to a year for some individuals.
There’s No Such Thing as an Insignificant Brain Injury
When someone suffers a traumatic head injury as a result of an accident, it’s a fine line as to whether they suffer the disastrous consequences of a severe brain injury or whether they get concussion. The severity of the external force often plays a part in determining which it will be, but not always.
As personal injury solicitors, helping the family of a severely brain-damaged accident victim to start on the long road to bringing a successful brain damage injury compensation claim can be one of the most challenging aspects of our work.
A catastrophic brain injury claim isn’t just about the money that we can recover for the client, although that is important. Our job is to be there throughout the life of the claim and, thereafter, for our clients and their families.
At the other end of the scale, though, it’s also important not to get drawn into thinking that mild traumatic brain injuries are insignificant matters in themselves.
How Do Some Brain Damage Claims End Up Settling for Multi Million Pound Sums?
When someone suffers a traumatic brain injury as severe as the type already mentioned above, then, on top of the claim for injury compensation (PSLA), there will be several other types of claims for compensation.
Brain injury victims who have been severely injured will need full-time care. They may also need adaptations to their home and require specialist equipment and facilities.
A typical brain damage claim, where the injuries are very severe, with significantly reduced mental capacity, will include claims for damages for some or all of the following:
- Pain, suffering and loss of amenity
- Loss of earnings from the date of the accident to the date of settlement
- Private medical expenses, including those for recommended therapists
- Loss of future earnings
- Value of a partner or family member becoming a full-time carer (including their loss of earnings from their former career)
- Cost of future professional care
- Cost of specialist aids and equipment
- The costs of adapting a home to the injured person’s specific needs. In some circumstances, the cost of purchasing a new home may be claimed.
- Travel expenses
- Recompense for any items that were damaged in the accident (particularly appropriate in road traffic accident claims)
Million Pound Brain Injury Claims Settlements are Not Lottery Wins!
The media sometimes gives the impression that multi-million-pound compensation settlements are a kind of ‘windfall’. Some news outlets even use the term ‘winning compensation’ when talking about sums of money being paid to people who have suffered life-altering accidents, which massively reduce their quality of life.
Severe brain injuries are life-threatening. Even if the injured person survives the accident, the catastrophic nature of the injuries will lead to long periods of hospitalisation, extensive, ongoing rehabilitation and varying degrees of day to day care for the rest of the person’s life.
As much as it is possible in claims of this nature, compensation is intended to put the person to whom it is paid back into the position they were in before the accident. Such large compensation settlements are made because they reflect the facts that:
- No amount of compensation can ever go anywhere near putting such badly injured people back into the position they were in before the accident.
- When someone has suffered a brain injury of the utmost severity, they are likely to need 24/7, around-the-clock care for the rest of their lives. The cost of providing that care and all the additional facilities required is hugely expensive.
Section Three
Rehabilitation
Dealing with the consequences of a serious traumatic brain injury isn’t just about bringing a brain injury compensation claim. It’s also about finding medical and practical solutions. That’s why, at Mooneerams, we push for early, collaborative rehabilitation under the Rehabilitation Code 2015. In short, both sides aim to agree on the type of help needed as soon as possible after the negligent event that caused the injuries.
A case manager completes an Immediate Needs Assessment (INA) and develops a plan for treatment, equipment, and support.
Although the Code is voluntary, it’s recognised in the personal-injury protocols and used on a day-to-day basis in severe cases.
What it can fund early on:
- Therapy: physiotherapy, occupational therapy, speech & language, neuropsychology
- Equipment and home safety fixes
- Respite and community support to give families a breathing space
We’ll ask the defendant’s insurer to engage with the Code quickly so help isn’t delayed.
Interim Payments: Keeping the Wheels on While the Case Runs
Interim payments are payments made before the final settlement in a brain injury claim. Courts can order them where liability is admitted or the judge is satisfied you’re likely to receive a substantial amount at trial (the test is in CPR 25.7).
In brain-injury claims, the interim payments fund what’s urgently needed: care, case management, therapy, equipment, temporary accommodation and lost income. If a request for an interim is refused without good reason, we’ll apply to the court for one.
PPOs: Periodical Payment Orders
For the sake of the injured person’s life-lasting needs, many brain injury compensation settlements use Periodical Payment Orders (PPOs) — annual, index-linked payments that last for life, providing stability for care and case-management costs. Courts can make PPOs when they deem it appropriate. PPOs are common in high-value medical negligence cases.
Purchasing a New Home
If you need a new home altogether because of the nature of your injuries, the court can award the extra capital required to buy a bigger house than the one you currently own.
Since Swift v Carpenter [2020], this is calculated using the “market value of the reversionary interest”. It provides a technical method of reaching the right solution, which aims to fund a suitable property without overcompensating the claimant.
When Capacity is Affected, Who Actually Runs the Claim?
If a client lacks the capacity to make legal decisions, a litigation friend (often a relative) conducts the case on their behalf by virtue of the Civil Procedure Rules CPR Part 21.
The proposed litigation friend files a short certificate confirming they can act fairly and that there’s no conflict of interest in them taking on the role.
Alternatively, the Court of Protection can appoint a deputy to manage long-term financial affairs if necessary.
Brain injury compensation claims are serious injury claims that require the help and assistance of specialist solicitors to ensure the claim is dealt with correctly.
At Mooneerams Solicitors, we are fortunate to have several highly experienced brain injury solicitors who work together as a team under the leadership of our director, Angus Fergusson.
If you want to discuss any aspects of making a brain injury claim in confidence, call Mooneerams Solicitors on 029 2199 1927 and ask to speak with Angus Fergusson. Alternatively, you can contact us online by sending your contact details to request a callback from Angus.
We usually handle brain damage claims and head injury compensation claims using a No Win, No Fee agreement.
This guide was last updated on 18 September 2025.
Posted in Personal Injury Claims
