Head injury claim process
1. Eligibility and assessment
If you or a loved one has suffered a head injury in an accident, you may be eligible to claim head injury compensation in Ireland.
To qualify, it is necessary to demonstrate that the accident resulting in the injury was primarily caused by the negligence of a third party.
Additionally, it must be established that the negligent party had a legal duty of care towards you and that this duty was breached, leading to the head injury.
2. Understanding the duty of care
A duty of care refers to the legal responsibility to prevent individual harm.
Property owners have a duty to ensure the safety of those invited onto their premises, supermarkets must maintain a safe shopping environment, and employers are obligated to provide a hazard-free workplace for their employees.
On the roads, every driver has a duty of care to protect other road users from harm.
When negligence leads to a breach of duty of care and results in personal injury, it is possible to pursue compensation claims in Ireland.
3. Assessment of head injury claims
Head injury claims should be based on professional medical evaluations, considering the injuries sustained and their long-term implications for the claimants health, earning capacity, and overall quality of life.
The assessment of such claims may require input from multiple medical specialists, depending on the nature and severity of the injuries.
The testimony of these medical experts will support the head injury compensation claim.
Engaging a personal injury solicitor for your head injury claim ensures that experienced medical experts are enlisted to substantiate your claim, resulting in the most robust possible case for compensation.
Compensation amount
Source: The Personal Injuries Guidelines
The Personal Injuries Guidelines published by the Judicial Council set out compensation ranges for head and brain injuries.
The amount awarded depends on the severity of the injury, its long-term effects, the treatment required, and its impact on your daily life.
1. Most severe brain damage (Up to €550,000)
The injured person is in a vegetative state with no meaningful response to their surroundings.
Factors considered include:
- Age and life expectancy
- Level of awareness (insight)
- Extent of physical disability
2. Severe brain damage (€300,000 – €400,000)
The injured person is conscious but requires constant care due to significant intellectual and personality impairment.
Factors considered include:
- Age and life expectancy
- Level of awareness
- Physical limitations
- Psychological effects
- Presence and severity of epilepsy
3. Serious and moderate brain damage (€25,000 – €350,000)
The level of compensation depends on the severity of the ongoing symptoms.
Serious brain damage (€200,000 – €350,000)
The injured person requires ongoing care but retains some independence.
Common long-term effects include:
- Significant intellectual impairment
- Personality changes
- Difficulties with speech, vision or other senses
- Risk of epilepsy
Moderate brain damage (€120,000 – €220,000)
The injured person remains largely independent but has lasting cognitive difficulties that significantly affect work and everyday life.
Common effects include:
- Memory and concentration problems
- Reduced ability to work
- Mild physical symptoms
- Risk of epilepsy
Moderate to minor brain damage (€60,000 – €140,000)
The injured person has made a good recovery and returned to normal social life or some form of work but continues to experience:
- Memory or concentration difficulties
- Mood or behavioural changes
- Reduced enjoyment of daily life
- One or two isolated epileptic episodes, or a temporary recurrence of epilepsy
Minor brain damage (€25,000 – €60,000)
The injured person has returned to work at a level similar to before the accident but continues to experience some ongoing symptoms.
Factors affecting compensation include:
- Age
- Severity of the injury
- Duration of symptoms
- Treatment and medication required
- Permanent disability
- Personality changes
- Impact on education or employment
- Effect on quality of life and relationships
4. Minor brain damage or head injury (€500 – €25,000)
Where any brain damage is minimal, compensation depends largely on the recovery period.
Compensation ranges:
- Recovery within 2–5 years: €12,000 – €25,000
- Recovery within 1–2 years: €6,000 – €12,000
- Recovery within 6–12 months: €3,000 – €6,000
- Recovery within 6 months: €500 – €3,000
Factors considered include:
- Severity of the injury
- Recovery time
- Ongoing symptoms such as headaches or dizziness
5. Established epilepsy
Where a head injury results in permanent epilepsy.
Compensation ranges:
- Grand mal epilepsy: €120,000 – €180,000
- Petit mal epilepsy: €70,000 – €140,000
Factors considered include:
- Age
- Behavioural difficulties
- Control with medication
- Impact on work or education
- Quality of life
- Personal and family relationships
6. Other epileptic conditions (€10,000 – €37,000)
This category applies to temporary epilepsy or cases where the condition has resolved.
Factors considered include:
- Age
- Number and severity of seizures
- Duration of the condition
- Impact on work or education
- Quality of life
Statute of Limitation
You have two years from the accident date within which to issue proceedings.
If you are under 18, a separate set of rules apply, and we would recommend you contact our solicitors to discuss these.
To learn more about the statute of limitations for a head injury claim, click here.
Frequently Asked Questions
Can a head injury claim cover changes in personality and behaviour?
Yes. Personality and behavioural changes are recognised consequences of a serious head injury, particularly a traumatic brain injury, and may form part of a personal injury claim where supported by medical evidence.
Compensation may be awarded for both financial losses, such as loss of earnings, future care and rehabilitation costs, and non-financial losses, including pain and suffering, loss of enjoyment of life, and the impact the injury has on relationships and day-to-day living.
Where personality or behavioural changes affect a person’s ability to work, maintain relationships, or live independently, this may increase the value of the claim.
Medical evidence from a neuropsychologist, psychiatrist, or other appropriate specialist is usually required to assess these effects.
What are interim payments, and are they available in head injury claims?
An interim payment is an advance payment of compensation that may be awarded before a claim is fully resolved.
In serious head injury cases, where liability is established or is unlikely to be disputed, the High Court may order an interim payment to help cover immediate expenses such as medical treatment, rehabilitation, care costs, and loss of income while the claim continues.
Whether an interim payment is available depends on the specific circumstances of the case.
Our solicitors can advise whether an application is appropriate and whether the legal requirements are likely to be met.
