Who can make a brain injury claim?
If you’ve suffered a serious injury such as a head injury or brain injury, as a result of a reckless or careless act by another, then you may be entitled to a serious injury compensation claim.
Often, receiving compensation can help provide the care and support needed to improve your circumstances.
Our team of expert brain injury lawyers truly specialise in and understand the nature of brain injuries. We can communicate issues on your behalf to maximise your potential compensation and help you determine your rights quickly and easily.
For a brain injury compensation claim to be successful, lawyers generally need to prove:
A person, business or facility was careless
You have suffered as a result of this carelessness
You will continue to suffer in the future
After speaking with one of our brain injury claims experts, we’ll be able to inform you of your rights going forward and help you understand exactly what you can be compensated for.
Brain & head injury compensation - how it gets calculated
Head injury compensation is calculated differently depending on your individual circumstances. In most cases, a monetary value is placed on the gap between your predicted life path before the injury that resulted from the incident, and your actual life path since. Shine Lawyers can help you every step of the way and get you the compensation you need following your head injury.
For more information on making a head injury compensation claim, what's involved or how much you can claim, head to our common questions section below.
What can I claim for?
After an acquired brain injury or traumatic brain injury, a high level of support, care and rehabilitation may be needed to help improve things. We understand that some aspects will never improve.
Depending on how serious your brain injury is and your circumstances, you could claim compensation for:
Medical treatment and related expenses
Loss of income
Pain and suffering
Care and domestic assistance
How long will it take?
Your brain injury rehabilitation and treatment are your first priority.
After what’s happened, it’s important that your injuries are allowed to stabilise before your legal team can accurately assess the impact, they will have on your life now and in the future.
It is still important to seek legal advice as soon as possible following a brain injury as time limits apply to these types of claims.
All our brain injury claims experts operate on a No Win No Fee* basis, which means there are no up-front costs or out of pocket expenses, and you won’t have to pay our legal fees unless we win your claim at the end.
We’re completely open about the costs and you’ll be fully informed every step of the way.
Types of brain injuries
Brain injuries are referred to as either an acquired brain injury (ABI) or traumatic brain injury (TBI).
A traumatic brain injury happens when an external force causes damage to the brain. This can happen as the result of a motor vehicle accident, a workplace accident, slip or fall or any injury where there has been a blow to the head or jolt to the body.
An acquired brain injury refers to any injury to the brain that happens after birth. It can be a traumatic brain injury however, it also includes injuries not caused by an external force such as a tumour, infections, stroke or lack of oxygen to the brain.
The type of brain injury can also range from mild to severe and can include the below symptoms:
Dizziness, balance problems
Vision difficulties, sensitivity to noise and light
Ringing in the ears and/or hearing difficulties
Altered taste and smell
Concentration problems, poor memory, poor processing and retention of information
Major changes in their personality
Psychological symptoms etc.
Additional claim types
Depending on the circumstances of your claim and what Australian state the accident happened in; you may be eligible for other forms of compensation. Our expert team will help you understand your claim options.
They could include:
Preparing for a claim
When preparing to make a claim there are some important steps you need to take
Reporting the accident
Report the accident to the police. We can help you do this if you haven’t already.
Get a medical certificate to support your claim, preferably from your own doctor.
Contact Shine Lawyers
Find out if you have a claim or contact us for a free no obligation legal consultation.
Do you have a claim?
We listen and assess your case confidentially
During an obligation-free initial consultation we’ll take the time to listen and understand your individual needs – this includes a focus on your rehabilitation and ensuring you have access to relevant support services.
We will fully explain the legal process to you so that you understand your rights and feel in control.
We’ll build your case and keep you informed
Your go-to legal team will work with you to gather all the legal and medical evidence needed to support your claim. This stage requires detailed medical knowledge from our legal team. All evidence will be considered so we can assess your options and provide guidance tailored to your specific situation.
We’ll negotiate to settle your claim early
We will prepare your case in full and seek to negotiate your claim, to encourage a resolution prior to the matter going to court.
We know that you’ve been through enough. Wherever possible we will endeavour to find alternatives to the stress and expense of traditional litigation and will explore with institutions methods of resolving your claim that are more sensitive to your needs.
If required, go to court
Only a small percentage of cases result in a court hearing. If this happens, we will be by your side; providing support, compassion and skilled legal representation every step of the way.
We will also work closely with your family, primary care providers and/or medical support to minimise the stress and inconvenience of the process wherever possible.
Resolve your case
We will passionately work to deliver the outcomes you deserve; acknowledgement, apology and compensation.
We're here to help
Brain injury FAQs
Is there a brain injury lawyer near me?
We believe that everyone is entitled to the highest standard of legal service, regardless of where they are located.
It doesn't matter if you are close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
If you’d like to speak to our brain injury team in person, you can see our full list of locations here.
If you aren‘t able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Why trust Shine to be my brain injury lawyers?
We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand.
How do I make a head injury compensation claim?
Making a head injury claim for compensation is easy with Shine Lawyers. After we find out a bit more about your situation we can sit down and go through what the legal process will mean to you and the steps involved. We’ll explain things in plain English and never bombard you with legal jargon.
Simply contact us today to find out your legal options and if you are able to make a head injury claim for compensation.
What are the requirements for a head injury claim?
To get you the compensation you need following your head injury, as lawyers we’ll need to prove:
A person or business was careless
You have suffered as a result of this carelessness
You will continue to suffer in the future
What can I claim compensation for following my head injury?
Following a serious head injury, we understand a high level of care, rehabilitation and support might be necessary to help you regain your health or improve your situation. In some cases, there may be aspects of your life that can never return back to normal.
Depending on how serious your head injury is, compensation can be recovered for:
Home and yard modifications
The cost of special equipment
Insurance and maintenance costs of special equipment
Special vehicle costs
Technical equipment which may assist with memory
Equipment to help with visual difficulties
Paid nursing, respite or support worker care
Costs for maintaining your rehabilitation
Medical supplies and pharmaceutical expenses
Costs associated with managing your compensation
Compensation amounts are based on your individual circumstances and the recommendations made by medical professionals.
Who will pay the compensation following my head injury?
In most injury related cases, the insurance company of the person/company who is responsible for the incident, will pay the compensation.
The person/company won’t pay out of their own pocket so they won’t have to find lawyers to help them. Their insurance company will deal with everything.
How much can I claim following a head injury?
Every head injury compensation claim is different. The amount of compensation you are entitled to really depends on the extent of your head injury and the impact it has had on your life.
Your legal team can help you understand what you may be able to claim once they know a bit more about your situation.
How long will a head injury claim take?
How long your head injury claim will take depends on how complicated your situation is, how serious your injuries are, and what treatment you’re likely to need before your injuries will stabilise.
Many head injury claims can be finalised within 18 months, but more complex cases with multiple injuries can take longer.
Our team will always be up front with how long the claim may take and keep you fully informed about the process along the way.
Are there time limits when it comes to making a head injury claim?
There are time limits when it comes to making a claim for compensation following a head injury, which is why it’s important to seek legal help straight away after your injury.
The time limits vary for each state so it’s important you contact us to ensure you are fully informed about your rights.
How much will a head injury claim cost?
We work on a No Win No Fee basis*, so you will only pay our legal fees if you win your case.
Your legal costs will depend on the amount of work required to resolve your claim and each situation is different. We’ll always be completely transparent when it comes to your legal fees so you can be sure you’re in safe hands.