Suffering a head or brain injury can change your life in an instant. At Watermans, we understand the complexity of traumatic brain injury claims and provide expert legal support to those affected. If you or a loved one has suffered a brain injury due to someone else’s negligence, our specialists are here to help.
We’ll support you through every step of the legal process, so you can claim the head injury compensation you deserve. Our experienced brain injury lawyers will ensure your case is thoroughly assessed, ensuring you get the financial support needed for recovery and long-term care.
Contact our specialist solicitors to find out if you’re eligible to claim traumatic brain injury compensation.
Understanding Head and Brain Injuries
A head injury can range from a mild concussion to very severe brain injuries that affect every part of a person’s life. In personal injury law, these are classified based on their severity and impact:
- Mild traumatic brain injuries, such as concussions, may cause short-term symptoms like confusion, dizziness or headaches. These typically resolve with enough rest.
- Moderate brain injuries often involve loss of consciousness lasting minutes to hours. They may also cause lasting physical, cognitive or behavioural effects.
- Severe brain injuries can lead to prolonged unconsciousness or coma, with significant long-term impairments in movement, speech, memory and personality.
- Penetrating head injuries occur when an object pierces the skull and enters the brain tissue. These injuries are often linked to construction accidents, vehicle collisions or violent assaults. They can lead to long-term effects such as cognitive, physical and emotional impairments, depending on the area of the brain that’s affected.
Some injuries may be classified as acquired brain injury (ABI), which occurs after birth, due to external trauma or medical negligence. Others are hypoxic brain injuries, caused by a lack of oxygen to the brain, often during medical procedures or birth.
Whether you’ve suffered a traumatic brain injury in a road traffic accident, at work or through clinical negligence, you may be entitled to claim compensation.
Legal Guidance: Brain Injury Claims in Scotland
If someone else’s negligence led to your injury, you have the right to make an injury compensation claim under Scottish law. This may include:
- Road traffic accidents: including car, motorcycle, or cycling incidents where another party was at fault. This could be due to reckless driving or failure to observe road laws.
- Slips, trips and falls: In public places or private premises due to hazards like wet floors, poor lighting or uneven surfaces.
- Accidents at work: Including falls from heights, falling objects, or unsafe working environments that result in head or brain trauma.
- Criminal assaults: Where an individual suffers a head injury during an assault and may be eligible to claim through the Criminal Injuries Compensation Authority (CICA)
- Medical negligence: Including surgical errors or delayed treatment, such as misdiagnosed conditions or oxygen deprivation during procedures that cause brain damage.
In Scotland, the general time limit for a personal injury claim is three years. This is from the date of the accident or when you first became aware of the injury. For children or injured persons lacking mental capacity, exceptions apply, and longer timeframes may be granted.
It’s essential to speak to a specialist brain injury solicitor as early as possible. Brain injury cases require time to gather medical evidence, assess long-term needs and determine liability.
Key Considerations for Head Injury Compensation Claims
Making a successful brain injury claim isn’t proving fault; it’s about building a detailed case that reflects the full impact of the injury on your life. Here, you may find key factors to consider.
What You’ll Need
As part of your head injury accident claim, it’s vital to gather precise and thorough evidence that demonstrates the impact of the injury. A strong case combines medical, financial, and situational proof. Your personal injury solicitor will be able to help you to collect this evidence. Here’s what you’ll need.
- Medical Reports – These will need to confirm the type and severity of your traumatic brain injury. This should include documents from your initial hospital admission, such as accident and emergency (A&E) notes and discharge summaries. You should also gather ongoing records, such as GP referrals, neurology appointments and rehabilitation scans.
- Proof of the Accident Scene – You’ll need visual and testimonial evidence from the accident scene to help establish liability and clarify how the head injury occurred. This can include CCTV tapes, witness statements and photos of the scene.
- Evidence of Financial Losses – You need to prove any lost earnings (both current and future), care costs and travel expenses. Collect payslips, receipts and invoices that demonstrate how the injury has impacted your earnings and expenses.
- Expert Assessments – Independent evaluations may be required to determine future support needs. These include recommendations for ongoing therapy, specialised equipment, home modifications and professional care assistance to support your recovery and quality of life.
Who Can Claim Compensation?
You may be able to claim if:
- You’ve suffered a brain or severe head injury due to someone else’s negligence
- You’re claiming on behalf of a loved one with reduced mental capacity
- You’re the parent of a child who suffered a brain injury
What Can You Claim For?
Compensation will reflect both special damages (measurable financial loss) and general damages (pain and suffering). A brain injury compensation claim may include the following:
- Loss of Earnings: If your head injury prevents you from working or reduces your ability to earn, you may be entitled to compensation for current and projected future income losses. Your head and brain injury solicitor will be able to help you recover evidence for this.
- Medical Treatment & Rehabilitation: This includes hospital stays, specialist appointments, surgery, and ongoing rehabilitation services such as physiotherapy, occupational therapy and psychological support.
- Home adaptations or assistive technology: If your head injury limits mobility or independence, you may require ramps, stairlifts, adapted bathrooms or speech and movement aids.
- Continued care or therapy: For more serious brain injury claims, compensation may cover the costs of in-home caregivers, residential care facilities or lifelong therapeutic support.
- Travel expenses: This can include the cost of attending appointments, specialist assessments or rehabilitation centres, as well as family visits if you’re hospitalised away from home.
- Psychological effects: Brain injuries often cause both physical and psychological effects. Psychological challenges such as depression and PTSD can be compensated for. Your brain damage compensation may include support for counselling, medication and trauma recovery therapy.
Visit our Personal Injury Page for more information on severe brain injury compensation claims. Contact us today to claim the compensation you deserve.
The Head Injury Claims Process
When dealing with brain damage claims, the legal process can seem daunting and unfamiliar. Our brain injury compensation solicitors are here to simplify the process and support you every step of the way:
- Contacting a Solicitor: Reach out to our brain injury claim solicitors for a free initial consultation. We’ll listen to your situation and offer straightforward legal advice.
- Assessing the Case: Our specialist team will thoroughly investigate your case, including how the head injury was caused, who is liable, and the potential amount of compensation available.
- Gathering Evidence: Medical records are crucial when calculating the actual value of a brain injury claim. These may include neurological assessments and long-term prognosis reports. We’ll also gather witness statements, CCTV footage, and other evidence that helps prove liability.
- Estimating Compensation Amount: Brain injury compensation payouts vary depending on severity. The amount awarded will consider your pain, suffering, care needs and financial impact. Severe brain injury compensation can range significantly. For example, brain injury settlements for moderately severe brain injuries, such as skull fractures, could result in a payout of up to £95,000.
- Interim Payments: In serious head injury claims, we may be able to secure interim payments. This is early financial support to help with immediate care or treatment costs before your case is fully settled.
- Negotiation & Settlement: Our personal injury solicitors negotiate with insurers or responsible parties to achieve a fair compensation award. Most cases are settled outside of court. However, if a settlement cannot be reached, we’re fully prepared to take your head injury claim to court.
Why Early Legal Advice Matters
A brain injury means more than physical damage; it can also affect relationships, independence and prospects. The earlier you speak to a legal specialist, the better positioned you’ll be to:
- Secure vital evidence before it’s lost
- Start the necessary rehabilitation early
- Access long-term care and emotional counselling
- Understand your rights and the true value of your head injury claim
Many brain injury clients come to us unsure if they’re eligible to claim. Our personal injury solicitors offer clear, practical advice based on experience, helping people rebuild their lives after suffering severe head injuries.
Take the next step with confidence. Call us on 0131 555 7055 to start your brain injury claim.
Brain Injury Compensation FAQs
We understand that you have further questions about head injury claims. That’s why we’ve answered some of the most commonly asked questions.
Should I accept the first settlement offer I receive?
Not always. Initial settlement offers are often made quickly by insurers and may undervalue the true impact of your injuries. Accepting too soon could mean settling for less than you deserve, especially when considering your continued care, rehabilitation and financial losses. Always consult a solicitor before agreeing to any offer.
How long will it take to receive my head injury compensation payout?
The timeline varies depending on the complexity of the case, the severity of the injury and whether liability is disputed. Straightforward claims may be resolved in a matter of months, while more severe brain damage claims can take longer due to medical assessments and negotiations.
Can I claim if I live outside of Scotland?
Yes, you may. If the accident occurred in Scotland or Scottish law applies to your case, you may still be eligible to seek compensation.
Can I claim compensation if I am partially responsible for the accident?
Yes, you may still be entitled to compensation. In Scotland, this is known as “contributory negligence”. How much compensation you receive may be affected to reflect your level of responsibility, but you could still receive a significant award.
Watermans: Brain Injury Solicitors You Can Trust
At Watermans, we’re more than just solicitors. We’re committed advocates for brain injury clients across Scotland. Our approach is personal, practical and rooted in real-world experience.
We bring together a team of specialist solicitors with a strong track record of successfully securing head injury compensation claims. You’ll benefit from clear, jargon-free communication and practical legal advice that puts your needs first. We work closely with leading medical experts and rehabilitation professionals to support your recovery and advocate for the outcome you deserve.
Our fees are transparent, and we offer a no-win, no-fee agreement to minimise financial risk. With trusted clients across Edinburgh, Glasgow and Dundee, we are proud to support individuals and families across Scotland during some of their most challenging times.
Beyond brain injury compensation claims, we also cover the following personal injury cases:
- Whiplash
- Neck injuries
- Fatal accidents
- Burn injuries
- Facial injuries and scarring
- Eye and loss of sight injuries
We provide clear, jargon-free legal advice. Start your brain injury compensation claim with brain injury specialists on your side.