When someone suffers a traumatic brain injury (TBI), life can change in an instant. If you or a loved one has sustained a TBI due to someone else’s negligence or a criminal act, you may be entitled to compensation.

At Switalskis, we understand how overwhelming this time can be, and we’re here to help you navigate your options with clarity and compassion. We have pulled together this guide to help explain when a claim can be made, time limits, and how compensation can support with recovery.

What is a traumatic brain injury (TBI)?

A traumatic brain injury occurs when an external force injures the brain, through a direct impact or a sharp movement. This could result from a road traffic accident, fall, workplace incident, medical negligence, or assault. TBIs range from mild concussions to more severe injuries that cause long-term or permanent changes to cognition, mobility, and behaviour.

Can I make a brain injury claim?

You may be able to make a brain injury claim if:

• The injury was caused by someone else’s negligence (e.g. a driver, employer, or medical professional)
• The injury occurred during or after a criminal assault
• You’re the parent or carer of a child with a brain injury due to negligence
• The injured person lacks mental capacity and you’re responsible for their affairs

If you're unsure whether it is possible to make a claim, our specialist brain injury solicitors can provide a free initial consultation to assess your case.

What does the compensation process involve?

Making a TBI compensation claim might sound daunting, but you won’t go through it alone. Here’s what you can expect:

1. Initial Consultation

Our specialist team will first talk through what happened, assess the potential of your case, and explain your options in plain language.

2. Accessing Rehabilitation

We’ll explore early access to private rehabilitation and therapy services to support your recovery. If liability is admitted early, interim payments can often help fund this.

3. Gathering Evidence

The team will then help collect medical records, witness statements, financial records, and expert reports to show the full extent of the injury and its long-term impact.

4. Establishing Liability

Our team will then work to prove that another party is legally responsible. This might involve liaising with insurers, employers, or the police.

5. Calculating Compensation

Compensation covers much more than just your pain and suffering. We consider:

• Loss of earnings (past and future)
• Medical and rehabilitation costs
• Care and support needs
• Housing adaptations
• Loss of independence
• Future therapies and equipment

6. Settlement or Court Proceedings

Most claims settle out of court. If we need to go to court, our experienced lawyers will handle everything and support you every step of the way.

What are the time limits for a TBI claim?

The law sets time limits for making a compensation claim, but there are exceptions depending on your circumstances:

• Standard limit: You usually have three years from the date of the injury or the date you became aware it was caused by negligence.
• Children: If the injured person is under 18, the time limit starts from their 18th birthday.
• Lack of capacity: If the injured person lacks the mental capacity to manage their own affairs, there is no time limit to make a claim on their behalf. However, if they regain capacity, the three year time limit starts from the date they regain mental capacity.
• Criminal injuries (CICA claims): If the TBI was the result of an assault or crime, you typically have two years to apply through the Criminal Injuries Compensation Authority.

Because the rules can be complex, we always recommend speaking to a solicitor as early as possible.

How can compensation help?

The effects of a brain injury can be lifelong. Financial compensation can’t undo the trauma, but it can provide vital support, including:

• Access to rehabilitation and support
• Long-term care arrangements and respite for families
• Specialist equipment and mobility aids
• Adapted housing and transport
• Financial stability during recovery

Our role at Switalskis isn’t just to get you compensation, it’s to help you rebuild your life with dignity and support.

Why choose Switalskis?

We are nationally recognised brain injury solicitors with decades of experience helping families through some of the toughest moments of their lives. Our team is known for its compassion, tenacity, and legal excellence.

We don’t just deal with claims, we support individuals and families in accessing the care they need, long after the legal process is over.

Get in touch

If you’re considering making a traumatic brain injury compensation claim, don’t face it alone. We’ll give you honest, straightforward advice and the support you need to move forward.

Call us today on 0800 1380 458 or get in touch via our website for a free, no-obligation chat with one of our TBI specialists.