Concussion Claim UK

What Counts as a Concussion in Legal Terms?

A concussion occurs when a blow or jolt to the head causes the brain to move rapidly inside the skull. Medical professionals classify it as a mild traumatic brain injury (mTBI). Symptoms can include headache, dizziness, confusion, memory gaps, nausea, sensitivity to light or noise, difficulty concentrating and mood changes.

For a personal injury claim, the precise medical label matters less than the effect on you. Two people with the same initial diagnosis can have very different outcomes. Some recover fully within days or weeks. Others develop post-concussion syndrome, where symptoms such as persistent headaches, fatigue, difficulty with memory and concentration, irritability and sleep disturbance continue for months or even years after the original injury.

A solicitor and a medical expert will assess how the concussion has affected your daily life, your ability to work, your relationships and your long-term prognosis. That assessment drives the value of your claim far more than the label on the diagnosis.

Common Scenarios That Lead to Concussion Claims

Concussions arise in a wide range of circumstances. The legal route and the party you claim against depend on how the injury happened.

• Road traffic accidents: a driver, motorcyclist, cyclist or pedestrian can sustain a concussion in a collision. You claim against the at-fault driver's motor insurer. If the driver is untraced or uninsured, the Motor Insurers' Bureau (MIB) can compensate you instead.
• Workplace accidents: falling from height, being struck by a moving object, slipping on a wet floor or being hit by falling stock can all cause a concussion at work. Employers owe a statutory duty of care under the Health and Safety at Work Act 1974, and a breach of that duty grounds a claim against their employer's liability insurer.
• Slips, trips and falls in public places: a defective pavement, a wet supermarket floor without warning signs or a poorly lit staircase can cause a fall resulting in a head injury. The occupier or local authority responsible for the premises or highway may be liable.
• Sporting injuries: a dangerous tackle, a collision with inadequate padding, or a failure by a club or event organiser to enforce safety rules can give rise to a claim. Participants accept normal sporting risks, but not risks caused by recklessness or negligent organisation.
• Assault and criminal violence: if your concussion was caused by a deliberate attack, you may claim through the Criminal Injuries Compensation Authority (CICA) even if the attacker cannot be identified or has no means to pay. The CICA route has its own rules, including a two-year time limit from the date of the incident rather than the standard three years.

How Concussion Compensation Is Valued

Compensation in a concussion claim is split into two categories: general damages and special damages.

General damages compensate you for pain, suffering and loss of amenity. Solicitors and courts refer to the Judicial College Guidelines (JCG), which set out bracket ranges for head and brain injuries grouped by severity. The brackets range from minor head injuries where a full recovery is expected within weeks, through moderate brain injury involving concentration and memory problems that persist, up to severe brain damage with lasting personality change and dependence on care. Where your claim falls within a bracket depends on factors such as the duration and severity of symptoms, whether there is objective evidence of brain injury on imaging, the impact on your working life and the prognosis for recovery.

Special damages cover the actual financial losses flowing from your injury. These commonly include:

• Loss of earnings during recovery and any future reduction in earning capacity
• Private medical treatment, neurological consultations, cognitive rehabilitation and therapy
• Prescription and travel costs related to treatment
• Care and assistance provided by family members, valued at a reasonable rate
• Adaptations to your home or working environment if cognitive difficulties persist

The more thoroughly you document your losses with payslips, invoices, receipts and a diary of symptoms, the stronger the special damages element of your claim will be.

Post-Concussion Syndrome and Long-Term Effects

Post-concussion syndrome (PCS) is diagnosed when concussion symptoms persist well beyond the expected recovery period, typically longer than three months. PCS can include chronic headaches, brain fog, difficulty multitasking, poor short-term memory, anxiety, depression, irritability and disrupted sleep.

PCS significantly increases the value of a claim because it transforms what might appear to be a minor head injury into one with lasting consequences for employment, relationships and independence. Courts recognise that the initial severity of the blow does not always predict the outcome; a seemingly mild concussion can produce disabling long-term symptoms.

Medical evidence is especially important in PCS cases. A report from a consultant neurologist or neuropsychologist documenting objective cognitive deficits and their expected duration carries considerable weight. Neuropsychological testing can measure changes in memory, attention, processing speed and executive function that might not be visible to a casual observer but have a real effect on your capacity to work and manage daily tasks.

If your employer cannot accommodate your reduced cognitive function, you may also have a claim for future loss of earnings or loss of earning capacity. A forensic accountant can help quantify this over your expected working life.

Time Limits for Concussion Claims

Under the Limitation Act 1980, you normally have three years from the date of the accident to start court proceedings. Miss that deadline and you lose the right to claim, except in limited circumstances.

Key exceptions include:

• Children: the three-year period does not begin until a child turns 18. A parent or litigation friend can bring a claim at any time before that deadline.
• Persons lacking mental capacity: if a concussion or its after-effects leave someone unable to manage their own affairs, the limitation clock does not run while that incapacity continues. A litigation friend can bring the claim on their behalf at any point during the incapacity and for three years after capacity is regained. This is particularly relevant for severe brain injuries.
• Late knowledge: if you did not realise your symptoms were linked to the head injury until later, the three-year period may run from the date of that knowledge rather than the date of the accident.

CICA claims are different. If your concussion resulted from a violent crime, the Criminal Injuries Compensation Authority imposes a two-year time limit from the date of the incident. Extensions are granted only in exceptional circumstances, so it is important to act promptly.

Regardless of the formal deadline, starting early is advisable. Medical records are easier to obtain, witnesses recall details more accurately, and CCTV or dashcam footage is often deleted within weeks.

Evidence You Need to Support Your Claim

Strong evidence makes the difference between a claim that settles at full value and one that stalls or is undervalued. For a concussion claim, aim to gather the following:

• Medical records: attend A&E or your GP as soon as possible after the injury. A contemporaneous record linking your head injury to the incident is one of the most important pieces of evidence. Follow up on all appointments and keep copies of referral letters, scan results and discharge notes.
• Photographs and video: photograph visible injuries, the accident scene, any hazard that caused the fall or collision, and any damage to vehicles or equipment.
• Witness details: collect names and contact information from anyone who saw the accident or its immediate aftermath.
• Incident reports: if the concussion happened at work, ensure the accident is recorded in the employer's accident book. For road collisions, obtain a police reference number.
• Financial records: keep payslips showing lost earnings, receipts for treatment and medication, invoices for care, and records of any out-of-pocket expenses.
• Symptom diary: a daily note of headaches, concentration difficulties, sleep problems, mood changes and how they affect your routine provides a vivid, first-hand account that medical experts and courts find persuasive.

Your solicitor will arrange for an independent medical examination by a neurologist or neuropsychologist. Their report forms the backbone of the general damages valuation.

No-Win-No-Fee and How Concussion Claims Are Funded

Most personal injury solicitors handle concussion claims under a conditional fee agreement (CFA), commonly called no-win-no-fee. Under a CFA you pay nothing if the claim fails. If it succeeds, the solicitor charges a success fee capped at 25 per cent of the compensation awarded for pain, suffering and loss of amenity. Special damages are not subject to the success fee deduction.

You will also typically be covered by after-the-event (ATE) insurance, which protects you against having to pay the other side's legal costs if the claim is unsuccessful. The ATE premium is usually deferred and only payable from your damages if you win.

Before entering a CFA, ask your solicitor to explain every possible deduction from your compensation so you have a clear picture of what you are likely to receive. A reputable solicitor will be transparent about costs from the outset.

Contributory Negligence in Concussion Claims

If your own actions partly contributed to the injury, the court may reduce your compensation through contributory negligence. This does not prevent you from claiming; it simply reduces the award by a percentage reflecting your share of fault.

Examples relevant to concussion claims include:

• Not wearing a seatbelt in a car accident, which can result in a standard reduction
• Cycling without a helmet when a helmet might have reduced the severity of a head injury (courts assess this on the facts of each case; there is no legal obligation to wear a cycling helmet in the UK)
• Consuming alcohol before an accident that impaired your awareness
• Ignoring safety instructions or failing to use protective equipment at work

Even with a significant contributory negligence finding, the remaining proportion of your compensation can still be substantial, particularly where post-concussion syndrome or lasting cognitive difficulties are established.

This page provides general information only and does not constitute legal advice; consult a qualified solicitor about your specific situation.

Frequently asked questions