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Do I have a brain injury claim? A simple guide

By Sam McFadyen

Published In: Brain and Spinal Injury

A brain injury can change a life quickly.

You may be struggling with symptoms, work, relationships or everyday tasks. Families are often affected too.

woman walking into distance

Many people are unsure whether they can make a claim. Others worry their injury is “not serious enough”.

You do not need to have all the answers before speaking to a solicitor.

At Switalskis, our specialist brain injury solicitors support people and families through life-changing injuries. This guide explains, in simple terms, when you may be able to make a brain injury compensation claim and what happens next.

What is a brain injury?

A brain injury happens when the brain is damaged through trauma, illness or lack of oxygen. Injuries can range from mild concussion symptoms to severe, life-changing disabilities.

Common types of brain injury include:

  • Traumatic brain injury (TBI)
  • Acquired brain injury (ABI)
  • Hypoxic brain injury caused by oxygen deprivation
  • Concussion and repeated head injuries
  • Brain injuries caused by medical negligence

This can happen after:

  • A road traffic accident
  • A fall
  • An assault
  • Medical negligence
  • A sporting injury
  • Lack of oxygen to the brain

Some symptoms appear immediately. Others may develop gradually over time.

Even a mild brain injury can affect daily life.

Common symptoms of brain injury

Symptoms can vary significantly depending on the severity and location of the injury, but may include:

  • Memory problems
  • Difficulty concentrating
  • Fatigue
  • Struggling with multi-tasking or planning
  • Headaches
  • Personality or mood changes
  • Speech or communication difficulties
  • Sensory issues
  • Loss of balance or coordination
  • Anxiety, depression or emotional changes

In some cases, symptoms are initially dismissed as stress, shock or fatigue after an accident. Some symptoms appear immediately. Others develop slowly over time.

When could I make a brain injury claim?

You may have a claim if someone else caused your injury.

This is called negligence.

Negligence means a person or organisation failed to keep you safe by either their acts or omissions.

Common causes of brain injury claims

Road traffic collisions

Brain injuries are commonly caused by car accidents, motorcycle collisions, cycling accidents and pedestrian incidents.

Even low-speed crashes can cause concussion or head injuries.

Accidents at work

Employers must provide a safe workplace.

Brain injuries can happen because of:

·       Falls from height

·        Falling objects

·        Unsafe equipment

·        Construction site accidents

·        Lack of protective equipment

Medical negligence

Some brain injuries or caused because of delayed diagnosis, surgical errors, poor monitoring, birth injuries or failures in treatment.

Examples include:

·        Failure to diagnose stroke or infection

·        Delayed treatment after head trauma

·        Errors during surgery

·        Oxygen deprivation during childbirth

Sporting injuries

Repeated concussion and head trauma in contact sports can lead to long-term neurological problems.

Criminal assaults

Brain injuries caused by violent assaults may lead to compensation claims through the courts or the Criminal Injuries Compensation Authority (CICA).

How do I know if negligence caused my injury?

Many people worry that they do not have enough proof.

You do not need to have all the answers before speaking to a solicitor.

A specialist brain injury solicitor will investigate:

  • How the injury happened
  • Whether someone breached their duty of care
  • Medical evidence linking the incident to your symptoms
  • The long-term impact on your life

Often, early legal advice can help preserve evidence and access rehabilitation sooner.

What is my brain injury is mild?

You may still have a claim.

“Mild” brain injuries can still affect work and daily life.

Some people experience symptoms for months or years.

These can include:

  • Brain fog
  • Tiredness
  • Poor concentration
  • Emotional changes
  • Memory difficulties

You should not ignore ongoing symptoms.

What can brain injury compensation help with?

Compensation is not simply about placing a financial value on an injury.

It can help provide practical support and long-term stability.

A successful claim may help cover:

  • Rehabilitation and therapy
  • Loss of earnings
  • Specialist equipment
  • Care and support needs
  • Adaptations to your home
  • Travel expenses
  • Future financial losses

For many families, compensation also provides reassurance that future care needs will be met.

How long do I have to make a brain injury claim?

In most cases, you have three years to start a claim.

The time limit usually starts from:

  • The date of the accident, or
  • The date you became aware negligence caused your injury

Different rules can apply for:

  • Children
  • People who lack mental capacity
  • Criminal injury claims

Because brain injury claims can involve complex evidence, it is usually best to seek legal advice as early as possible.

Will I need to go to court?

Most brain injury claims settle without a trial.

If court proceedings are needed, your solicitor will support you throughout the process.

Your legal team should explain everything clearly and simply.

Why choose specialist brain injury solicitors?

Brain injury claims are complex.

Symptoms are often invisible. Problems can also change over time.

Specialist solicitors understand:

  • Neurological injuries
  • Rehabilitation needs
  • Complex medical evidence
  • The impact on families

At Switalskis our brain injury solicitors, we support people after serious injury with compassion and care.

We focus on securing the support you need for the future.

Speak to our brain injury team

If you or someone close to you has suffered a brain injury and you are unsure whether you may have a claim, speaking to a specialist solicitor can help you understand your options.

Our team offers compassionate, straightforward advice tailored to your circumstances.

To speak to our brain injury solicitors , contact our team today.

Find out how Switalskis can help you

Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.

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Sam has worked in the legal sector for over 25 years. He is a Senior Associate Solicitor in our specialist Brain Injury team and team lead.

Senior Associate Solicitor and Brain Injury team lead

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