Brain injury claims
They call it the hidden disability. Sustaining a brain injury is serious and without knowing what lies ahead is extremely daunting.
Very few people will ever understand what it’s like to live with a brain injury and when everything looks physically fine it makes it all the more concerning. We understand this and our brain injury solicitors have seen the variety of issues that a brain injury survivor experiences. There are so many questions and not many answers.
What am I meant to do now? How have things changed? What will happen in the future? Who can help me?
However it is a path many others have taken and one where those questions can be answered. Whether your brain injury was sustained in a workplace accident, or on the road, the injury and the recovery after that is what we focus on.
We know we can help you get to a point where life can be enjoyed again. It isn’t easy but we are here to help.
Who can seek help for a brain injury claim?
Anyone who has sustained a brain injury as a result of someone else's negligence or wrongdoing may be eligible to seek help in making a claim for compensation.
Road traffic accidents are still by far the highest proportion of incidents which cause brain injuries, any road user, pedestrian, cyclist, motorcyclist or passenger is vulnerable in a crash. A lot of cases can be related to those at work and not always those who are working in hazardous environments like construction or factory settings. Working at height is sadly still a cause of a lot of serious brain injuries either through a lack of safety equipment (a hard hat) or simply without adequate safety training.
Seeking help for a loved one?
We understand that brain injury survivors may not always be able to represent themselves in a legal capacity, in these instances, a family member or other loved ones may be able to seek help on their behalf.
In these kinds of situations, we can help you arrange things like:
- Welfare guardianship – to make care decisions on behalf of a loved one
- Financial guardianship – to make financial decisions on behalf of a loved one
- Power of Attorney – to make all decisions on behalf of a loved one
Putting in place any of the items above can only be done with the help of a solicitor, but once it is in place, you can make decisions on behalf of your loved one, and we can continue to help as fully, and quickly, as possible.
After the initial contact, our job is twofold; firstly, to establish what happened, who was involved and who is potentially to blame and secondly, to establish what help is required to aid recovery and improve quality of life for the immediate and long-term.
A brain injury is generally referred to as a TBI, however, it can be specified depending on the type of TBI you have suffered from. Below is a list of various brain injuries that we deal with on a more consistent basis.
- Traumatic brain injury (TBI) – caused by a hit, jolt or rapid acceleration and acceleration of the head, such as in a car accident.
- Acquired brain injury (ABI) – refers to brain damage that occurs after a person is born. ABI can result from a wide range of internal and external causes, such as a stroke, infection and toxic exposure, or lack of oxygen. ABI is caused by factors within the body or environment and is not and is not hereditary.
- Concussion – considered a mild form of TBI, occurs when the brain is shaken or rotates rapidly which causes it to collide with the inner skull
- Contusion – a bruise on the brain which can be caused by a blow to the head and causes small blood vessels in the brain to rupture and bleed. Contusions can be limited to surface-level or involve deeper-lying areas of the brain.
- Coup-contrecoup injury -– A form of brain injury which occurs when the brain is forcefully bounced back and forth within the skull, such as in a road traffic accident, resulting in both sides of the brain sustaining an injury.
- Diffuse axonal injury – Also known as DIA, it describes an injury which results in the shearing of the axons in the brain which transmit signals between brain cells.
- Penetrating injury – An injury which is caused by an object piercing the skull and entering the brain.
Symptoms, long-term effects and chances of recovery from brain injuries can be dramatically different depending on the type and severity of the injury.
How long have I got to claim?
The general rules state that you have three years from the time of your brain injury to make a claim. However, there are some significant exceptions to this rule.
- Lack of capacity – if the brain injury you suffered was so serious that you were physically and mentally unable to seek legal advice during the time of your recovery then limits are waived.
- Child under 16 – If a child under 16 was involved you can claim compensation at any point until they turn 19, regardless of what year they were injured.
- Criminal assault – the time limit for making a criminal injury claim is two years from the incident
However, we always advise that you start your claim as soon as possible by contacting us.
We’ll be able to help you get immediate access to rehabilitation and treatment services to give you the best chance at recovery and this will allow us enough time to gather evidence to support your case.
Did you know?
A brain injury should not be confused with a head injury. A head injury is damage that happens to the skull and structure of the head, while a brain injury only relates to an injury of the actual brain.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Our brain injury solicitors are here to help
Every case is unique and every circumstance is different – below are just some of the recent instances in which we have helped.
There are lots of ways someone can sustain a brain injury and there are lots of ways that a person’s life can be impacted by it.
Kelly Christie damaged her frontal lobe after a car crash in 2006. After coming to Digby Brown’s Brain Injury Solicitors for help, she went on to become a celebrity beautician and is now forging a career as a mental health support worker. Her story was shared across national media including STV.
Kelly Christie talks about her life after a brain injury.
Fraser Watt’s brain injury left him speaking a foreign language that he had not spoken since he was a child living abroad. He recalled his incredible back story while speaking at the new Edinburgh Headway centre – more can be read here in the Daily Record.
And Fraser Howie was left with a gambling addiction after his brain injury altered his behaviour and left him with compulsive and addictive tendencies. He spoke about overcoming these challenges as part of the Head Injury Information Day that Digby Brown hosts each year.
The critical thing to remember is that no matter how you were injured, and no matter what the effects were, if you were hurt because someone else was negligent then you are entitled to compensation.
For 14 years we have hosted HiiD – an annual event that brings together brain injury survivors and healthcare professionals to share knowledge and access support. With more than 60 exhibitors and over 600 people attending the last event in Glasgow and Edinburgh, it has now proved so popular we now have planned our first ever National Head Injury Conference taking place in September 2025.
In 2015 we also started the annual Christmas Cards and New Year Calendar competitions. This competition is exclusively for acquired brain injury victims as a way to help them tap into their creativity. Our last competition saw more than 150 entries!
What our clients say about us
We put our clients at the centre of everything we do and are committed to providing the very best service. The hundreds of five star reviews we have received on Trustpilot is a reflection of this approach.
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Why choose Digby Brown?
With over 40 years of experience in brain injury claims, we have a network of experts across a huge range of services beyond the law.
In December 2020 the Serious Injury department also won the award for Catastrophic Injury Team of the Year at the Personal Injury Awards. This was a UK-wide award with some of the largest and most respected legal firms represented. We were truly honoured to be recognised in this way.
We also repeatedly top legal rankings for personal injury work. In Chambers & Partners the firm has been ranked Band 1 for the last 18 years. The head of the Serious Injury department, Chris Stewart, is also ranked as a leading individual. While in The Legal 500, we have been ranked Tier 1 for the last 14 years.
The Association of Personal Injury Lawyers (APIL) has around 50 accredited specialists in Scotland for personal injury work – and around half of these work at Digby Brown.
Moira Kay and Stuart Barton, Partners in the Serious Injury department, are also the only APIL-accredited specialists for both brain injury and spinal cord injury in the whole of Scotland.
And on top of all that… the expertise, experience, resources and reputation of the Serious Injury department means that it alone has recovered more than £100 million in the last three years.
Coming to Digby Brown is about more than just compensation – it’s helping you as you create a new way of life.
What happens next?
Please get in touch. If we can help we will. You can simply call our Legal Enquiry Team seven days a week who will immediately direct you to one of the Partners in the team or fill in an enquiry form and say when you’d like to speak to us. We will respond as soon as we can.
Frequently asked questions
What is the process to make a brain injury compensation claim?
When you come to Digby Brown we know there are going to be unique aspects to your accident, your brain injury and the impact it has on the lives of you or your family.
This is why we tailor every package to suit your needs around medical treatment, rehabilitation or case management services.
But when it comes to the actual legal process there are a few steps that are standard in every case:
- Initial interviews – we first meet with you to discuss more in-depth your individual needs.
- Arranging additional help – we will be able to make arrangements to address any urgent or short-term needs. We fully adhere to something called the Rehabilitation Code of Practice where both defender of the case and the pursuer of the case put the individual needs of the injured party central. The quicker you recover the less costly the claim will be – this benefits all parties.
- Intimating claims – after carrying out initial investigations we will then write to the other party involved in your accident (most commonly an insurance company) and inform them that we are acting on your behalf to recover your brain injury compensation.
- Gathering evidence – we then work with leading medical and financial experts to fully value your claim, making sure it takes in all your current and future care needs as well as compensating you for your pain and suffering as well as lost earnings (including pension).
- Negotiating with insurers – after gathering the evidence we then present our valuations and arguments to the other party and we negotiate a settlement. If the compensation offer is fair, we will offer you guidance on acceptance. If we think the other side is offering less than you are entitled to then we would advise you to refuse and instead prepare for court.
- Preparing for court – we draft legal documents with the intention of going to court to get you as much compensation as you deserve. It rarely actually goes to court though – it is often the case then simply raising a court action can encourage the other side to increase their compensation offer to what we believe is fair.
What are the treatment options for brain injuries?
The treatment options for brain injuries depend on the type, severity, and cause of the injury. In general, the course of action may involve a combination of medical treatment and rehabilitative practices. Some common treatments include
- Emergency care – In critical cases of brain injury, swift emergency care is necessary to stabilise the individual and prevent further damage.
- Medications – Pain relief and other medications may be used to manage and relieve symptoms such as headaches, nausea, and seizures.
- Rehabilitation – A combination of physical, occupational, and speech therapy can help to improve mobility, communication, and cognitive functions.
- Supportive care – Family support, counselling, and support groups can provide emotional and practical support for individuals and their families.
- Assistive devices – Aids such as wheelchairs and adaptive equipment can help to improve mobility and restore some level of independence.
As always, with any injury, the specific treatment plan for a brain injury will depend on the survivor's needs and circumstances.
How much brain injury compensation is enough?
We know the circumstances of what happened will have a huge bearing on the legal aspects of the case. In essence who is to blame and who should pay compensation? However, this is essentially a more straightforward part.
Establishing how much brain injury compensation is the right amount is far harder and more subjective depending if you are defending or pursuing the case.
This is where Digby Brown’s expertise lies. Knowing that £3 million is not enough and £4.5 million is fair, takes a lifetime of working in the field and understanding the long-term implications of a brain injury.
It is no surprise that solicitors in our serious injury department only deal with high-value, complicated cases of this nature.
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