Written by: Garbis Kolokossian An injury to your head or brain can be life-changing, if not life-threatening. If you, or someone you know, has had a serious head injury, you may be eligible to make a claim for compensation.
Brain injury is more common than many realise: an estimated 1 in 45 Australians live with a brain injury. The most common causes include accidents at work, car crashes, and failures in medical care.
If you’ve experienced a head or brain injury, this November 2025 guide will help you understand your options. It explains the difference between head injuries and brain injuries, and outlines which types of accidents and incidents may qualify for a claim. You will also find a step-by-step guide to the claims process, an overview of the types of compensation available, how payouts are calculated, and the reasons why making a claim can be important for your recovery and ongoing care.
Navigating your head and brain injury claim
To make a head or brain injury claim, you need evidence showing that you (or the person you’re claiming for) have suffered as a result of the injury. You also need to demonstrate that another party caused the injury, either through fault or negligence.
If your claim involves a baby’s brain injury due to medical negligence or a workers’ compensation brain injury claim, additional evidence may be required.
So, what sort of evidence will you need? In most cases:
- Medical records: These prove the existence of the brain injury, outline the prognosis, and may link the injury to its cause.
- Medical bills: These show how much you’ve already spent on treatment and, when combined with medical records, can help determine ongoing care costs and the total compensation you may be entitled to.
- Accident reports: These provide official documentation of how the injury occurred. If the injury happened at work or in a car accident, it’s important to notify the relevant authorities—such as your employer or the police—immediately.
- Witness statements: Reports from people who witnessed the accident can strengthen your claim by supporting the link between the other party’s actions and your injury.
Head injury cases can be complex and stressful. Having an experienced brain injury lawyer on your side can take much of the burden off you, allowing you to focus on recovery or caring for a loved one while they handle the evidence gathering and legal process.
Head injury or brain injury? Understanding the difference
There’s a fine line between head injuries and brain injuries. The main difference lies in whether the damage is observable—like a cut or wound—or affects the way you think, act, or behave. Often, both types of injury occur together.
Head impacts, from minor soft tissue injuries to skull fractures and severe brain damage, can have serious and lasting consequences. Brain injury is sometimes called an ‘invisible disability’ because outward signs of impairment are not always obvious. Even milder injuries, such as concussions, can be easily missed due to the complexity of the brain and nervous system. This is why there is increasing emphasis on precautions in sports to protect against head knocks.
Head injuries can vary widely in severity and duration, and their effects can be both physical and cognitive. Common symptoms may include headaches, dizziness, memory loss, difficulty concentrating, changes in mood or behaviour, vision or hearing problems, and fatigue. Concussions, skull fractures, and cuts to the head can all qualify for head injury compensation. More complex brain injuries may result in long-term cognitive, emotional, or physical impairments.
It’s important to remember that it’s not just concussions that can be overlooked. More complex brain injuries can also go undetected by healthcare professionals, making awareness and proper assessment critical.
Brain injury claims
Brain injuries often result in a permanent reduction in cognitive, physical, emotional, or independent functioning.
There are two types of brain injury compensation claims that you can make:
| 1. Acquired Brain Injury (ABI) | ABI is a brain injury that occurs from a health issue, such as a stroke, a brain disease, or alcohol and drug misuse. |
| 2. Traumatic Brain Injury (TBI) | TBI occurs when someone suffers a direct force to the head, such as a fall, a road accident, or an assault. |
Because each case is different, it’s essential to consult with experienced head trauma or brain injury lawyers to ensure you are pursuing the correct type of claim.
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Which injuries and accidents qualify for a claim?
Almost any head or brain injury that happened as a result of someone else’s negligence or wrongdoing can qualify for a claim. The most common brain and head injury compensation claims come from one of four categories: motor vehicle accidents, medical negligence, physical trauma (such as slip and fall accidents), and in the workplace.
| 1. Motor vehicle accidents | If you’ve been injured in a car accident due to another person’s negligence, you may have grounds for a motor vehicle accident compensation claim.
All road users have the legal obligation to ensure the safety of other drivers, cyclists and pedestrians.
Time limits to make a compensation claim for road accidents vary by state:
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| 2. Medical negligence | Brain injuries can also result from medical negligence. This occurs when a healthcare professional fails to provide appropriate care, resulting in injury. For example, missing treatable infections like meningitis or toxoplasmosis could lead to severe brain injury.
Medical negligence claims require strong evidence and expert assessment. When we handle these cases, we manage the paperwork and coordinate a panel of specialists to assess your claim. They can explain where duty of care was breached and why other medical professionals would have acted differently. |
| 3. Physical trauma: Accidents, falls, and sports injuries | Physical trauma can occur in many ways: slips, trips, falls, sports injuries, or accidents caused by negligence in public or private spaces. If your brain or head injury happened under these circumstances, you may be eligible for compensation. |
| 4. Workplace incidents | If you’ve sustained a head or brain injury at work, you may be entitled to compensation.
In New South Wales, the workers’ compensation scheme operates on a no-fault basis, meaning you can claim regardless of who caused the incident. The scheme covers full-time, part-time, casual employees, apprentices, and even volunteers in some cases. |
Key takeaway
Even seemingly minor head injuries, like slips, falls, or sports accidents, can have delayed or hidden effects, so it’s important to treat every head injury seriously. Seeking prompt medical attention, documenting the incident, and tracking your symptoms can significantly strengthen a compensation claim.
The head and brain injury claims process: A step-by-step guide
When making a claim for a brain or head injury, seeking medical attention is always the first step. From there, the process typically involves speaking with a head trauma lawyer, gathering evidence, consulting specialists, lodging the claim, and ultimately negotiating compensation. Each step is important to ensure your case is properly supported and your rights are protected.
1. Always seek medical attention first
Head and brain injuries are serious. They can have lifelong repercussions and even be fatal. Urgent medical care is vital both for your own wellbeing and the basis of any compensation claim. Medical documentation will provide the basis of any ABI, TBI or head injury claim.
2. Speak to a specialist lawyer
At GMP Law, our brain and head injury lawyers work with clients to secure the payouts they deserve. Because these claims generally require thorough medical evidence, starting the process early allows us to guide you from the very beginning, assess your case, and explain the detailed steps involved. Time is of the essence, and the sooner we get started, the better we can help support your claim.
3. Gather evidence
The foundation for any successful compensation claim is sufficient evidence. You’ll need to be able to show the extent, the cause and the impact of your injury.
4. Line up experts and witnesses
Depending on the cause of your injury, having human testimony is important. This could be someone who witnessed your accident or medical professionals who can examine cases of negligence.
5. Notify the defendant
To progress with your claim, you need to notify the liable third party or their insurer about your intent to start a claim. Your lawyer will take care of this for you.
6. Negotiation, mediation and litigation
Once your claim starts, we’ll negotiate with the defendant in order to get you a fair payout for your injury. This may involve an out-of-court settlement or taking the case to trial.
There’s a lot of legal work required in a compensation claim, which can be extremely stressful for someone unable to work. That’s why we operate on a No Win No Fee basis, so you can focus on recovery while we handle the process. Our goal is to make the entire experience as simple and stress-free as possible for you.
Head and brain injury payouts and compensation
Head injury payouts depend on a few factors, like the severity of the injury. These can be anywhere from tens of thousands of dollars up to tens of millions of dollars.
Key callout
The most important factor in determining a compensation payout is the severity of the injury. More serious injuries generally result in higher awards.
Types of compensation and what they cover
Compensation for a brain or head injury is typically paid as a lump-sum settlement and can cover a range of costs, including:
| Type of compensation | What it covers |
|---|---|
| Medical and care expenses | Hospital bills, ongoing therapy, rehabilitation, or specialist treatment |
| Loss of income | Past and future loss of earnings caused by your injury |
| Home and lifestyle modifications | Renovations to make your home wheelchair-accessible |
| Pain and suffering | Compensation for the physical, emotional, and psychological impact of your injury |
| Other associated costs | Transportation or assistive equipment needed due to the injury |
The total amount is calculated based on how the injury affects your life, your financial losses, and the long-term care and support you may require.
How your head or brain injury payouts are calculated?
Payouts for a head or brain injury depend on several key factors, including the severity of the injury, the relevant state or territory laws, and whether the claim is based on negligence or a no‑fault scheme. Generally, claims based on negligence or fault result in higher compensation than no‑fault claims, because they account for both economic and non-economic losses, such as pain and suffering.
There are several main legal pathways for a brain injury claim in Australia, including:
- Workers’ compensation claim (fault is irrelevant)
- Medical negligence
- Public liability claim
- Motor vehicle / CTP claims (with fault)
- No-fault catastrophic injury schemes (e.g., NIIS)
Each type of claim differs in how payments are structured, what they cover, and the factors that influence the payout.
The table below summarises the key differences:
| Type of claim | Payment type | What’s covered | Factors that affect payment |
|---|---|---|---|
| Workers’ compensation | Weekly benefits and a lump sum for permanent impairment | Lost wages, medical treatment, rehabilitation, and some home care | Severity of injury, loss of earnings, medical evidence, state scheme rules |
| Medical negligence | Lump sum settlement | Medical bills, rehab, loss of income, home modifications, pain and suffering | Degree of negligence, severity of injury, long-term impact, evidence from specialists |
| Public liability | Lump sum settlement | Medical costs, home modifications, loss of income, pain and suffering | Proof of duty of care, breach, injury severity, long-term impact, comparative fault |
| Motor vehicle/CTP (with faults) | Lump sum settlement | Medical expenses, rehabilitation, lost income, home and vehicle modifications | Fault of other driver, severity of injury, state-specific CTP rules, evidence of ongoing care needs, contributory negligence |
| No-fault catastrophic injury schemes (e.g., NIIS) | Lifetime care and support payments | Long-term care, therapy, equipment, home modifications | Catastrophic classification, extent of disability, state/territory scheme rules |
Key takeaway
While fault and liability are central in negligence-based claims, they are irrelevant in workers’ compensation or no-fault schemes, which focus solely on the injury itself and the care required.
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Why make a compensation claim for your head or brain injury?
Claiming compensation for a head injury can be crucial to maintain a comfortable and secure way of life. When your ability to earn, care for yourself, or support your family is affected, seeking compensation may be one of the few ways to ensure financial stability and quality of life.
Even seemingly minor head injuries can have a significant impact. Financially and practically, you may face:
- Loss of income: Needing time off work due to recovery.
- Medical expenses: Costs for specialist treatment, therapy, and ongoing care.
- Appointments and travel: Frequent trips to see healthcare providers.
- Long-term effects: More serious injuries can lead to chronic pain, memory or cognitive difficulties, and challenges maintaining employment.
Regardless of whether someone else is at fault, claiming compensation can make life significantly easier for you and your family.
