Head injury compensation claims

How long do I have to claim?

If you've been injured in an accident that wasn't your fault, you'll usually have three years from the date of the incident to make a head injury claim. This is known as the limitation period. Your claim must either be settled or court proceedings must have started before this time limit ends. It's best to start your claim as soon as possible, while your memory is fresh and evidence is easier to gather.

What evidence do I need for a head injury claim? 

No matter how minor or severe your head injury is, you'll need evidence to support your claim and show why someone else may be responsible for the accident. This can include:

• Independent medical assessment: An appointment with an independent medical expert who will assess your injury, recovery and the impact it has had on your life
• Medical records: Records from your GP, hospital visits, treatments or any medication prescribed that relate to your injury
• Photos or footage: CCTV footage, photographs of the accident scene or images showing how the injury happened
• Witness statements: Details from anyone who saw the accident happen, such as a colleague in a workplace accident or a passenger or passer-by in a road traffic accident
• Evidence of financial losses: To claim for financial losses (known as special damages), you'll need evidence of costs such as lost earnings, medical expenses or travel expenses for appointments

How long do head injury claims take?

Every head injury claim is different, so there is no set timeframe for how long it will take to settle. A minor, straightforward head injury claim may be resolved within 12 months. However, more serious injuries, such as a skull fracture, can take several years to settle.

This is because the full impact of the injury may not be clear straight away, and more time may be needed to gather medical evidence and understand any long-term effects. Your specialist head injury solicitor will be able to give you a clearer idea of the likely timescale once they understand the details of your claim, including who is responsible, the evidence available and the severity of your injury.

How much head injury compensation can I claim?

The amount of head injury compensation you could receive depends on factors such as the severity of your injury, how it has affected your daily life and any financial losses you've experienced. For example, compensation for a minor injury will likely be lower than for a serious head or facial injury requiring ongoing treatment.

If you'd like to get an idea of how much compensation you could receive before starting your claim, try our head injury compensation calculator. It can provide an estimate in under two minutes.

Can I claim on behalf of someone else?

In some situations, a head injury claim can be made by someone else on behalf of the injured person. If they are under 18 or lack the mental capacity to manage their own claim, they may need a litigation friend to act on their behalf throughout the claims process.

In cases where someone has passed away after suffering a head injury, a claim may be made by an appropriate representative on behalf of their estate or dependants.

If you're unsure whether you can make a claim for a loved one after a head injury, our Helpline Advisors can listen to your situation and explain your options on .

Who pays for head injury compensation?

Head injury compensation is usually paid by the insurer of the person, business or organisation responsible for causing the injury. Who pays will depend on how the injury happened.

For example, in a road traffic accident, compensation is usually paid by the at-fault driver's insurance company. If the injury happened at work, compensation is typically paid through your employer's liability insurer.