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Brain Injury Claims

Brain injuries can have life-altering consequences for individuals and their families. Whether caused by an accident, medical negligence, or illness, a brain injury often affects a person’s ability to work, communicate, maintain independence, and enjoy everyday life.

  • Independent medical expert evidence where required
  • Clear written costs information before you proceed
  • Strict time limits apply. Early advice is important
  • Clinical negligence claims are generally outside the Injuries Resolution Board process
The Dublin Solicitors Bar AssociationCivil Litigation Law Firm of the Year, WinnerLaw Society of Ireland, Practising SolicitorsAVMA, Action against medical accidents

Brain injuries can have life-altering consequences for individuals and their families. Whether caused by an accident, medical negligence, or illness, a brain injury often affects a person’s ability to work, communicate, maintain independence, and enjoy everyday life.

If you or a loved one has suffered a brain injury, our experienced solicitors are here to help. We specialise in brain injury claims and are committed to securing the compensation and justice you deserve, while guiding you through the process with care, clarity, and professionalism.

Types of Brain Injuries

There are two main categories of brain injuries:

  • Traumatic Brain Injuries (TBI)
  • Non-Traumatic (Acquired) Brain Injuries

Traumatic Brain Injury (TBI)

A traumatic brain injury occurs when an external force is applied to the head or skull, causing damage to the brain. The impact may be mild, temporarily affecting brain function, or severe enough to cause permanent damage to brain tissue.

TBIs commonly arise from:

  • Road traffic accidents (including car, motorcycle, cyclist, or pedestrian incidents)
  • Falls from height
  • Workplace accidents
  • Sports-related injuries
  • Physical assaults involving blows to the head or traumatic falls

Types of Traumatic Brain Injuries

Concussion
The most common form of TBI, concussion typically results from a blow to the head or violent shaking of the body. Symptoms may include headaches, dizziness, confusion, and memory issues. While many concussions resolve with time, repeated concussions can result in more serious long-term problems.

Contusion
A contusion is bruising of the brain caused by direct impact. Symptoms depend on the size and location of the injury and may include headaches, dizziness, and impaired cognitive function. Severe contusions may require surgical intervention.

Diffuse Axonal Injury (DAI)
This is a serious form of TBI caused by rapid movement of the brain within the skull, leading to tearing of nerve fibres. DAIs often result from high-speed collisions or violent shaking and can cause long-term disability or coma.

Coup-Contrecoup Injury
This injury occurs when the brain is damaged both at the point of impact (coup) and on the opposite side (contrecoup). Symptoms can range from mild cognitive issues to severe neurological impairment.

Penetrating Brain Injury
A penetrating injury occurs when an object pierces the skull and brain tissue. These injuries usually cause severe and localised damage and often result in permanent impairment.

Non-Traumatic (Acquired) Brain Injury

A non-traumatic or acquired brain injury occurs after birth and is not caused by a physical impact to the head. These injuries are typically the result of illness, medical events, or oxygen deprivation.

Types of Acquired Brain Injury

Stroke (Cerebrovascular Accident)
A stroke occurs when blood flow to part of the brain is interrupted by a blockage (ischaemic stroke) or a burst blood vessel (haemorrhagic stroke). Symptoms may include paralysis, speech difficulties, cognitive impairment, and memory loss.

Anoxic Brain Injury
An anoxic brain injury results from a complete lack of oxygen to the brain, commonly caused by cardiac arrest, suffocation, near-drowning, or drug overdose. The severity depends on the duration of oxygen deprivation and may lead to permanent brain damage.

Hypoxic Brain Injury
This occurs when the brain receives insufficient oxygen rather than none at all. Causes include respiratory failure, low blood pressure, or chronic medical conditions. Damage may range from mild to severe.

Brain Tumours
Benign or malignant brain tumours can cause injury by compressing brain tissue, increasing pressure within the skull, or restricting blood flow. Symptoms depend on the tumour’s size and location and may include seizures, headaches, and cognitive changes.

Infections (e.g. Meningitis or Encephalitis)
Infections that cause inflammation of the brain or its surrounding membranes can result in permanent brain injury. Severity varies depending on the infection and speed of treatment.

Signs and Symptoms of Brain Injury

Symptoms vary depending on the type and severity of the injury but may include:

  • Persistent or severe headaches
  • Confusion or disorientation
  • Dizziness or balance problems
  • Nausea or vomiting
  • Blurred vision or light sensitivity
  • Memory loss or difficulty concentrating
  • Mood or personality changes
  • Loss of consciousness
  • Fatigue
  • Speech or language difficulties

Can I Make a Brain Injury Claim on Someone Else’s Behalf?

Yes. A brain injury claim may be brought on behalf of another person where:

  • The injured person lacks the capacity to make decisions
  • The injured person is under the age of 18
  • The injury has resulted in death

The Brain Injury Claim Process

The process begins with a consultation with one of our experienced solicitors. We will assess your case, gather relevant medical records, and document the circumstances of the incident, including dates, locations, and witness details.

Once the necessary evidence is obtained, we will issue a formal letter of claim to the responsible party. If liability is disputed, we will advise you on the next steps and, where necessary, pursue the matter through the courts to achieve the best possible outcome.

Statute of Limitations

In Ireland, brain injury claims are generally subject to a two-year limitation period, running from:

  • The date of the injury, or
  • The date you became aware (or ought reasonably to have become aware) that the injury was caused by negligence.

Special rules apply for:

  • Minors, the time limit usually does not begin until the injured person turns 18
  • Persons lacking mental capacity, the limitation period may be suspended

Early legal advice is strongly recommended to protect your right to claim.

What Is the Average Compensation for a Brain Injury?

Compensation depends on the severity of the injury and its long-term impact. Under the Personal Injuries Guidelines, general damages for brain injuries may fall within the following ranges:

  • Most severe brain damage: up to €550,000
  • Severe brain damage, with total dependency: approximately €300,000, €400,000
  • Moderate to serious brain injuries, with lasting impairments: approximately €25,000, €350,000
  • Minor brain or head injuries, with full recovery: approximately €500, €25,000

The final award will depend on factors such as age, prognosis, loss of earnings, impact on independence, pain and suffering, and effects on quality of life.

Start Your Brain Injury Claim

If you or a loved one has suffered a brain injury, our team is here to guide you, protect your interests, and pursue the compensation you are entitled to.

Contact us today to discuss your case in confidence.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with Regulation 8 of the Solicitors Advertising Regulations 2019.

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