A traumatic brain injury can change everything in a moment. If you or someone close to you has suffered a brain injury in an accident caused by another party's failure to take reasonable care, you may have the right to seek compensation through the Irish legal system. Michael Boylan Litigation is a litigation law firm with deep experience in complex injury claims, including those involving traumatic brain injury. We work closely with clients and families to understand what happened, gather the right evidence, and pursue fair accountability.
How Traumatic Brain Injuries Happen in Accidents
Brain injuries can result from a wide range of everyday situations where someone else's failure to maintain safety leads to harm. The following are among the most common circumstances:
Road traffic collisions: Car, bicycle, and pedestrian accidents are a leading cause of traumatic brain injury in Ireland. Vulnerable road users such as cyclists, motorcyclists, and pedestrians face particular risk, even at relatively low speeds.
Workplace incidents: Falls from height, being struck by falling objects, machinery accidents, and collisions with site vehicles can all cause serious head injuries, particularly in construction and industrial settings where health and safety obligations are paramount.
Slips, trips, and falls in public places: Wet floors, uneven pavements, poor lighting, and inadequate signage in shops, car parks, or public buildings can lead to falls that cause significant head trauma.
Sports and recreational accidents: Contact sports, equestrian activities, and adventure pursuits carry an inherent risk of head injury. A claim may arise where inadequate supervision, defective equipment, or a failure to follow safety protocols contributed to the incident.
Assaults and criminal injuries: In some cases, a brain injury results from a deliberate act of violence. Where this occurs, there may be an entitlement to apply through the Criminal Injuries Compensation Tribunal, and in certain situations a civil claim may also be appropriate.
Types and Severity of Traumatic Brain Injury
Not all brain injuries are the same. The type and severity of the injury will shape both the medical treatment required and the nature of any legal claim.
Concussion and mild TBI: Often described as a mild traumatic brain injury, concussion can still cause significant symptoms including headaches, confusion, memory difficulties, and fatigue. While many people recover well, some experience persistent post-concussion symptoms that affect daily life for months or longer.
Moderate TBI: This involves a more significant injury to the brain, often with a prolonged period of confusion or loss of consciousness. Recovery can be slow, and some people are left with lasting cognitive, emotional, or physical difficulties.
Severe TBI and catastrophic injury: Severe brain injuries can result in long-term disability, personality change, or permanent loss of independence. These are often described as catastrophic injuries and may require lifelong care and rehabilitation.
Secondary injuries: A head impact can also lead to further harm such as skull fractures, bleeding within the brain, spinal cord injury, or injuries from a subsequent fall. These secondary injuries can compound the overall effect on a person's health and recovery.
Signs and Symptoms People Notice First
After a head injury, symptoms do not always appear immediately. It is important to be aware of the range of early signs, as recognising symptoms promptly can support both medical treatment and any later legal process.
Persistent or worsening headaches
Dizziness, nausea, or balance problems
Confusion, disorientation, or memory gaps
Difficulty concentrating or finding words
Changes in mood, irritability, or emotional responses
Sensitivity to light or noise
Sleep disturbance, whether sleeping more or less than usual
Visual disturbances such as blurred or double vision
Loss of consciousness, even briefly
Some symptoms may emerge days or even weeks after the initial injury. If you notice any of these signs following an accident, it is important to seek medical attention.
How a TBI Can Affect Daily Life
A traumatic brain injury can reach into nearly every part of a person's life. The effects are not always visible to others, which can make it harder for those affected to get the understanding and support they need.
Cognitive difficulties: Problems with memory, concentration, planning, and decision-making can make it difficult to manage work, study, or household tasks.
Emotional and behavioural changes: Mood swings, anxiety, depression, reduced motivation, and personality changes are common after a brain injury and can place significant strain on relationships.
Physical effects: Ongoing fatigue, headaches, dizziness, and in some cases seizures or mobility difficulties can limit independence.
Impact on employment: Many people find they are unable to return to their previous role or need to reduce their working hours, which has obvious financial consequences.
Effect on family and relationships: The person's loved ones often carry a significant burden, adjusting to new caring responsibilities and coping with the emotional impact of the injury.
What to Do After a Suspected Traumatic Brain Injury Accident
If you or a family member has suffered a head injury in an accident, there are a number of practical steps that can protect both health and any future right to bring a claim.
Medical care and follow-up documentation: Always seek medical attention after a head injury, even if symptoms seem minor at first. Ensure that all hospital visits, GP appointments, specialist referrals, and scan results are properly documented.
Reporting the incident and preserving records: Report the accident formally wherever possible. In a workplace accident, this means ensuring it is recorded in the accident book. In a road traffic collision, report the incident to An Garda Síochána. In a public place, report it to the occupier or manager and ask for written confirmation.
Witnesses, CCTV, dashcam, and scene details: Make a note of any witnesses to the accident and, if possible, obtain their contact details. Ask whether CCTV footage or dashcam recordings exist and request that they be preserved before they are overwritten.
Symptom timeline and treatment history: Keep a personal record of your symptoms as they develop, including dates and how they affect your daily activities. This timeline can be very helpful to both your medical team and your legal advisors.
When a Serious Accident Is Not Necessarily Negligence
It is important to understand that not every accident, however serious, gives rise to a legal claim. Under Irish law, a claim for compensation requires evidence that someone owed you a duty of care, that they breached that duty, and that this breach caused or materially contributed to your injury.
Some activities carry known and accepted risks. A person who takes part in a contact sport, for example, accepts a certain level of risk that is inherent to that activity. The question in any claim is not simply whether an accident occurred, but whether there was an avoidable failure in safety that a reasonable person or organisation should have prevented.
Negligence issues typically arise where there is evidence of poor maintenance, inadequate risk assessment, failure to provide proper safety equipment, insufficient training, or a breach of statutory regulations. Michael Boylan Litigation carefully assesses the facts and the evidence before advising on whether a claim has reasonable prospects.
Who May Be Responsible
Identifying the correct party or parties in a brain injury claim is a critical part of the legal process. Depending on the circumstances, those potentially liable may include:
Drivers and other road users who caused or contributed to a collision
Employers who failed to provide a safe working environment or adequate training
Occupiers of premises such as shops, hotels, local authorities, or leisure facilities
Manufacturers or suppliers of defective products or safety equipment
Organisers of events or activities who failed to manage foreseeable risks
Multiple parties, where more than one failure contributed to the injury
Bringing a Claim on Someone's Behalf
A brain injury can leave a person unable to manage a legal claim themselves. Irish law provides for others to act on their behalf.
How a Next Friend Can Bring a Claim on Behalf of a Child
Where a child under 18 has suffered a traumatic brain injury, a next friend (usually a parent or guardian) can bring the claim on the child's behalf. Any settlement involving a minor must be approved by the court to ensure it is in the child's best interests. The funds are typically held and managed until the child reaches adulthood.
Options Open to Adults Who Cannot Manage Decisions
Since 26 April 2023, new adult wardship applications can no longer be made in Ireland. The Assisted Decision-Making (Capacity) Act 2015 has replaced the wardship system with a range of decision-support arrangements designed to respect the person's will and preferences as far as possible.
Where an adult lacks the capacity to manage their own legal affairs following a brain injury, options now include decision-making assistance agreements, co-decision-making agreements, and, where necessary, the appointment of a decision-making representative through the Circuit Court. The Decision Support Service provides further information on how these arrangements work.
The Process in Ireland
Bringing a traumatic brain injury claim in Ireland involves a number of stages. While every case is different, the general process typically includes the following:
Initial consultation and case assessment: Your solicitor will review the circumstances, advise on the merits, and outline the steps involved.
Gathering medical records and evidence: This includes obtaining hospital records, GP notes, diagnostic imaging, and any relevant expert reports.
Commissioning independent expert evidence: In complex brain injury cases, reports from neurologists, neuropsychologists, rehabilitation consultants, and other specialists are often essential.
Injuries Resolution Board (formerly PIAB): Most personal injury claims in Ireland must first be submitted to the Injuries Resolution Board. The Board may make an assessment of compensation or, in more complex cases, authorise the claim to proceed to court.
Court proceedings: If the claim does not resolve at the Board stage, or if the assessment is not accepted, proceedings may be issued in the Circuit Court or High Court, depending on the value and complexity of the case.
Negotiation and resolution: Many claims are resolved through negotiation, but where agreement cannot be reached, the case may proceed to a full hearing.
Time Limits for Traumatic Brain Injury Accident Claims in Ireland
Under the Statute of Limitations, you generally have two years from the date of the accident (or from the date of knowledge of the injury) to bring a personal injuries claim in Ireland. However, several important exceptions apply:
Minors: The two-year time limit does not begin to run until the child turns 18. A claim can be brought on the child's behalf by a next friend at any time before then.
Capacity and decision-support issues: Where an injured person lacks the capacity to bring a claim, the limitation period may be paused or extended. The rules around capacity have evolved with the commencement of the Assisted Decision-Making (Capacity) Act 2015, and legal advice should be sought early.
Delayed knowledge: In some circumstances, a person may not become aware of the full nature and extent of their injury until some time after the accident. In such cases, the two-year period may run from the date of knowledge rather than the date of the accident itself.
If you are unsure whether you are within time, it is worth seeking legal advice so that your position can be properly assessed.
Rehabilitation and Support Resources in Ireland
Recovery from a traumatic brain injury is often a long process, and the right support can make a real difference. The following organisations offer practical help, information, and community support for people affected by brain injury in Ireland:
Acquired Brain Injury Ireland provides community-based neurorehabilitation services, assistive living support, and information for individuals and families.
Headway Ireland offers brain injury rehabilitation services, support groups, and advocacy across several regions.
The HSE provides information on concussion and head injury management, including guidance on when to seek emergency care.
These organisations are independent of Michael Boylan Litigation and are listed here as a helpful resource.
Why Michael Boylan Litigation?
Specialist Litigation Focus in Complex Negligence Disputes
Michael Boylan Litigation is a dedicated litigation firm with a particular focus on serious and complex negligence claims. Our team has extensive experience in cases involving catastrophic injury, including traumatic brain injury, and we understand the medical, legal, and practical challenges these cases present.
Evidence-Led Case Building and Expert Coordination
We take an evidence-led approach to every case. In brain injury claims, this means working closely with independent medical experts, rehabilitation professionals, and other specialists to build a detailed and accurate picture of the injury and its consequences. We commission the right expert evidence from the outset and ensure it is presented clearly.
Clear Guidance for Clients and Families Through Serious Injury Litigation
We understand that pursuing a claim after a serious brain injury can feel overwhelming, both for the injured person and for those closest to them. Our role is to provide clear, honest guidance at every stage, to keep you informed, and to handle the complexity so that you can focus on what matters most.
Frequently Asked Questions
What if symptoms appear days or weeks later?
This is quite common with brain injuries. Symptoms such as headaches, memory difficulties, or mood changes can develop gradually. It is important to see your doctor whenever new symptoms arise and to keep a record of when they started, as this information is relevant to both your treatment and any future claim.
What is the difference between concussion and traumatic brain injury?
Concussion is a form of traumatic brain injury, usually classified as mild. The term traumatic brain injury covers the full spectrum, from mild concussion through to severe and catastrophic injury. Even a mild TBI can have lasting effects for some people.
What if I cannot remember the accident?
Memory loss around the time of a head injury is very common and does not prevent a claim. Evidence from witnesses, CCTV, medical records, and expert analysis can establish what happened without relying solely on the injured person's recollection.
Can a family member act on behalf of an injured person?
Yes. Where the injured person is a child, a next friend can bring the claim. Where an adult lacks the capacity to manage a claim, decision-support arrangements under the Assisted Decision-Making (Capacity) Act 2015 can enable a suitable person to act on their behalf.
What if the injured person lacks capacity to manage decisions?
The Assisted Decision-Making (Capacity) Act 2015 provides a framework for appointing a decision-making representative or other support arrangement through the Circuit Court. This replaced the former wardship system for adults from 26 April 2023.
Do I need to go through the Injuries Resolution Board first?
In most cases, yes. The Injuries Resolution Board (formerly PIAB) is a statutory body, and personal injury claims generally must be submitted to the Board before court proceedings can be issued. There are limited exceptions.
How long do I have to start a claim in Ireland?
The general time limit is two years from the date of the accident or the date you became aware of the injury. Different rules may apply for children and persons who lack capacity. If you are uncertain about your timeframe, seeking legal advice promptly is advisable.
What happens if liability is disputed?
If the other party denies responsibility, the claim may need to proceed to court. Michael Boylan Litigation investigates the evidence thoroughly, including witness accounts, expert reports, and any available technical evidence, to present the strongest possible case.
Can more than one party be responsible?
Yes. In many brain injury cases, liability may be shared between two or more parties. Irish law allows claims against multiple defendants, and the court can apportion responsibility between them.
Get in Touch
If you or a family member has sustained a traumatic brain injury in an accident and you would like to understand whether you may have a claim, Michael Boylan Litigation is here to help. We will listen to your circumstances, explain the process clearly, and advise you on the next steps available to you.
You can reach out to us by telephone or through our contact page.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
