Brain & Head Injury Compensation Claims
A brain or head injury can change a person’s life in an instant, affecting memory, personality, and the ability to work, and its effects are often felt by the whole family. If you, or someone close to you, have suffered a brain or head injury because of another party’s negligence, you may be entitled to claim compensation.
Claiming Compensation for a Brain or Head Injury
The personal injury team here at McCarthy + Co Solicitors LLP has brought many successful claims on behalf of plaintiffs involved in serious accidents, including individuals who have sustained head and brain injuries. The team is led by Liam Crowley, who has handled many complex High Court actions of this nature.
A brain or head injury may give rise to a claim where it was caused by another party’s fault. Common examples include:
- workplace accidents, such as a fall from a height or being struck by a falling object;
- road traffic accidents, including car, motorcycle, and cycling collisions;
- slips, trips, and falls caused by unsafe premises;
- medical negligence, such as errors in surgery or the delayed treatment of a head injury; and
- physical assaults.
Gathering evidence early, such as witness statements, accident reports, and medical assessments, will support a claim. Arrange a time to speak with a solicitor by completing our quick and confidential online form.
Recognising a brain injury
A traumatic brain injury is one caused by an external force, such as a blow to the head, a fall, or a collision, as distinct from a non-traumatic brain injury caused by an internal event such as a stroke or a loss of oxygen. Symptoms vary widely with the severity of the injury and the part of the brain affected. In severe cases, they are obvious, but subtler effects, particularly cognitive ones, can be harder to spot and are often first noticed by family and friends rather than by the injured person. They include:
- loss of consciousness, seizures, or persistent headaches;
- memory problems, poor concentration, and difficulty with planning and problem-solving;
- communication difficulties;
- fatigue, and loss of taste or smell; and
- changes in behaviour or personality, such as irritability.
If you suspect a brain injury, a GP and a consultant neurologist are best placed to assess it, and prompt medical attention is important for both the person’s health and any future claim.
Impact on earnings
One of the most challenging aspects of a brain injury claim is establishing the effect on a person’s earnings. Cognitive difficulties can significantly affect performance at work and the prospects for career progression, but demonstrating this requires a baseline to measure against. Once those difficulties are established, a skilled actuary can prepare a report showing the effect of the injury on the person’s earning capacity across their working life.
One effective way to establish that baseline is to compare performance before and after the injury. For example, where a person had consistently achieved high results in school or professional examinations, a marked decline afterwards can help to demonstrate the difficulties they now face. Because this part of a claim is complex and often highly valuable, it must be handled by a solicitor experienced in these cases.
When the injured person cannot manage the claim
Where a brain injury is so severe that the injured person is not able to manage the claim themselves, someone close to them, known as a next friend, can bring the case on their behalf. The former ‘ward of court’ system for adults was abolished by the Assisted Decision-Making (Capacity) Act 2015 and replaced with a framework of decision-support arrangements overseen by the Decision Support Service. Any settlement must still be approved by the court, to make sure it is fair and in the injured person’s best interests, and arrangements are put in place to manage the compensation for their benefit, often over the course of their lifetime.
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Head & brain injury compensation
Compensation is made up of general damages, for the injury and its effect on the person’s life, and special damages, for financial losses such as lost earnings, medical treatment, care, and adaptations. General damages for brain and head injuries are assessed using the Personal Injuries Guidelines, which sets out brackets ranging from minor head injuries through to the most severe brain damage. Because the lifelong cost of care and lost earnings can be so significant, the special damages in a serious case are often far larger than the general damages.
Injuries involving brain damage
Injuries in this category may pay out up to €550,000 in general damages.| Category | Description | Compensation Range |
|---|---|---|
| Most severe brain damage | The gravest form of brain injury, where the claimant is left in a vegetative condition. There may be some return of eye opening and of sleep and waking patterns, but no meaningful awareness of surroundings, no ability to follow instructions, no language, and a lasting need for round-the-clock nursing care. | Up to €550,000 |
| Severe brain damage | The person is conscious but wholly dependent on others and needs constant care. In most cases the harm is cognitive, with a pronounced loss of intellect and marked personality change, and it may be accompanied by physical disability such as paralysis of a limb, along with a risk of epilepsy. | €300,000 – €400,000 |
| Serious brain damage | A moderate to severe intellectual deficit. The claimant is not wholly dependent but still requires constant care, and may be left with a changed personality, effects on sight, speech and the senses, and epilepsy or a raised risk of it. | €200,000 – €350,000 |
| Moderate brain damage | A modest to moderate intellectual deficit where the claimant is neither wholly dependent nor in need of constant care. Some independence remains, though the ability to work is greatly reduced or lost, with limited physical symptoms and a risk of epilepsy. | €120,000 – €220,000 |
| Brain damage with a good recovery | A good recovery has been made and the claimant can take part in normal social life and return to some form of work, though not every function is fully restored. Lasting effects such as poor concentration, memory problems or changes in mood may still interfere with lifestyle, relationships and future work. | €60,000 – €140,000 |
| Brain damage with a near-full recovery | Similar to the category above, but where the claimant is able to return to work that is materially the same as the work they did before the injury. | €25,000 – €60,000 |
Minor head and brain injuries
Injuries in this category may pay out up to €25,000.
| Category | Description | Compensation Range |
|---|---|---|
| Recovery within two to five years | Cases where any brain damage is minimal and a substantial recovery takes between two and five years. The award reflects the severity of the initial injury and any continuing symptoms such as headaches or dizziness. | €12,000 – €25,000 |
| Recovery within one to two years | Minor head injury with little or no lasting brain damage where a substantial recovery is made within one to two years. | €6,000 – €12,000 |
| Recovery within six months to one year | Minor head injury where a substantial recovery is made in a period of roughly six months to a year. | €3,000 – €6,000 |
| Recovery within six months | Minor head injury from which the claimant makes a substantial recovery inside six months. | €500 – €3,000 |
Epilepsy following a head injury
Injuries causing epilepsy may lead to general damages of up to €180,000.
| Category | Description | Compensation Range |
|---|---|---|
| Established grand mal epilepsy | Established epilepsy of the grand mal type. The award is shaped by the claimant's age, whether the attacks are controlled by medication, any associated behavioural problems, and the effect on work, education, relationships and quality of life. | €120,000 – €180,000 |
| Established petit mal epilepsy | Established epilepsy of the petit mal type, assessed by reference to the same factors, including how well the condition responds to medication and its impact on daily life. | €70,000 – €140,000 |
| Other epileptic conditions | One or more epileptic episodes, or a temporary return of epilepsy, from which the claimant has recovered with no greater risk of recurrence than the general population. The award depends on the number and severity of the episodes and the period over which they occurred. | €10,000 – €37,000 |
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Meet Liam Crowley
Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.
If you or a member of your family has suffered a brain or head injury due to another party’s negligence, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.
Frequently Asked Questions
Some of the questions we are often asked in relation to this topic.
Am I eligible for compensation for a brain injury?
It depends on how the injury was caused. Where it resulted from another party’s negligence, such as a careless driver, an unsafe workplace, or a dangerous premises, you may be able to claim against them. Where it followed an assault, you may have a claim against the person responsible, and you may also be able to apply to the State’s Scheme of Compensation for Personal Injuries Criminally Inflicted. We can advise on the routes open to you.
How long do I have to make a claim?
In most cases, two years from the date of the injury, or from the date of knowledge. There are some exceptions, and the position can be more complex where the injured person’s capacity is affected, so it is important to speak to a solicitor as soon as possible to establish the deadline that applies and to protect the claim.
Does it matter which solicitor I choose?
For a brain injury, yes. These are among the most complex claims, particularly when it comes to proving the effect on future earnings and quantifying the value of a lifetime of care. You are best served by a solicitor with real experience of these cases, who can bring in the right medical, actuarial, and care experts and make sure nothing is overlooked.
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Useful Resources
- Acquired Brain Injury Ireland – Support and services
- Headway – Brain injury information and support
- Rehab.ie – Recovery after a brain injury
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