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      What is a head injury claim?

       A head injury is any blow or trauma to the skull or brain, often from accidents, repetitive impact, or even medical treatments. These injuries range widely, from mild bumps to severe Traumatic Brain Injuries (TBIs) that can disrupt daily life and work. While they may seem rare, roughly 200,000 Australians are diagnosed with one every year — and many more go undiagnosed.

      Over the years, we’ve successfully resolved hundreds of head injury claims and are ready to do the same for you. Here are the most common types of claims we’ve worked on:

      This is not a complete list — just a few of the cases we’ve handled over the years.

      Head and brain injuries can affect your life in many ways: physically, mentally, and financially. To make sure your compensation reflects all of these impacts, it’s important to explore all your legal options before starting a claim. That’s why we offer free consultations for all injured Australians.

      Our experienced lawyers will listen to your story and identify every potential claim, including those that other firms might miss, like Total and Permanent Disability. This ensures you get the absolute maximum compensation for your injury. To find out how much you could receive, simply reach out today.

      Start your free online claim check

      Find out if you’re eligible for a head or brain injury claim today.

      Check your claim nowIt only takes 2 minutes.

      What head and brain injuries qualify for a claim?

      Any head or brain injury caused by a road accident, workplace incident, or someone else’s negligence could qualify you for a claim. This also includes cases where an old injury gets worse because of the incident.

      Some of the most common head and brain injuries you can claim for include:

      • Cuts and lacerations: whether to the face or head. In some cases, these can lead to serious infections.
      • Strokes: these brain injuries happen when blood flow to the brain is suddenly disrupted, usually because of a burst blood vessel or clot.
      • Concussions: brain injuries caused by impact, often leading to symptoms like headaches, dizziness, or confusion.
      • Skull fractures: breaks or cracks in the skull, potentially causing damage to the brain.
      • Traumatic Brain Injuries (TBIs): serious brain injuries that can affect cognitive function, motor skills, and emotional health.
      • Brain haemorrhage: bleeding in or around the brain caused by a blow to the head.
      • Brain contusions: bruises on the brain tissue resulting from trauma.

      Don’t see your injury listed here? Simply get in touch. Our lawyers can let you know whether your situation qualifies for compensation, completely free of charge.

      Common causes of head and brain injuries

      Head and brain injuries can result from various accidents or activities, but some of the most common causes are:

      • Car accidents.
      • Slip and fall accidents.
      • Sports injuries.
      • Recreational activities.
      • Workplace incidents.
      • Improper medical treatment or surgical errors.

      How much compensation will I get?

      The amount of compensation you receive for a head or brain injury depends on several factors, such as:

      • The type of claim you’re making.
      • The severity of your injuries and how they impact your everyday life.
      • Your income before the injury.
      • Your work capacity after the injury.
      • How old you are.
      • The laws in your state.

      If your injuries are less severe, you may get weekly payments for lost wages and medical expenses. But if your injuries are more serious and long-term, you could qualify for a lump sum payment.

      Read on to learn how much compensation you can expect for the most common claims.

      If your head or brain injury occurred at work, you may be entitled to three main types of compensation:

      Basic workers compensation entitlements

      If you’ve suffered a head or brain injury at work, a workers compensation claim usually offers these basic entitlements:

      • Weekly payments covering up to 95% of your pre-injury income.
      • Medical and hospital expenses.
      • Rehab, counselling, and support services.
      • Travel costs related to your medical treatment.

      Lump sum payments

      If your head or brain injury is permanent, you may be eligible for an additional lump sum payment.

      In most states, this involves getting your level of Whole Person Impairment (WPI) assessed. WPI is the total level of impairment you’ve suffered because of the head or brain injury. Depending on your state, you may need to meet a minimum WPI threshold before you can claim a lump sum.

      For more details on how lump sum payments work, check out our guide to workers compensation claims for permanent impairment.

      Common law damages

      If your head or brain injury is caused by your employer’s negligence, you may be eligible for a common law damages claim. Unlike weekly workers compensation payments, a common law damages claim can result in a significant lump sum payout — worth hundreds of thousands of dollars. If your condition is severe, you could receive millions.

      Beyond basic workers compensation entitlements, your compensation may include:

      • Future lost earnings and superannuation.
      • Ongoing medical treatment, rehabilitation, and expenses.
      • Pain and suffering, i.e. how the injury has impacted your mental health and quality of life (in some states).

      The compensation you receive depends on how serious your injury is and how it affects your life. Depending on your situation, you could be eligible for:

      • Lost income and superannuation (both past and future).
      • Care and support for yourself and your dependents (if relevant).
      • Pain and suffering, for both the physical and mental toll of the injury on your life.
      • Additional costs, like medical expenses and home/vehicle modifications

      For more details on how much you could receive, check out our full guide on public liability compensation.

      The amount of compensation you receive for a motor accident claim depends on many factors, including your state, how severely you’re injured, and whether you caused the accident.

      Depending on your situation, you could receive compensation for:

      • Lost income, plus future lost income if the accident wasn’t your fault.
      • Pain and suffering for both the physical and emotional impact of your injury.
      • Care from either a professional or family and friends, including support if you can no longer look after a dependent.
      • Additional costs like medical treatment, travel between treatments, and modifications to your home or vehicle.

      For more details, check out our complete guide to motor accident claims.

      Compensation for medical negligence claims varies widely depending on how severely you’re injured. While some claims settle for between $100,000 – $200,000, others reach well over $10 million.

      You may receive compensation for:

      • Lost income, including future earnings and superannuation.
      • Pain and suffering for both the physical and emotional impact of your injury.
      • Care and support from a professional or family and friends, including if you can no longer look after someone who depends on you.
      • Additional expenses such as medical costs, travel between treatments, and necessary modifications to your home or vehicle.

      To learn more, check out our full guide to medical negligence claims.

      Injured cyclist Robert wins huge $1.72mil payout after car crash

      When Robert was hit by a car while cycling to work, he suffered a serious head injury along with damage to his pelvis, hips, and legs. The head trauma left him unable to work and needing ongoing care. With his compensation for lost income capped by law, we knew we had to make a strong case to get Robert the maximum compensation possible.

      Things got trickier when Robert was injured in another accident during the claim process, and the insurer tried to blame his financial losses on that. We pushed back by showing how the initial head injury had already changed his life and future prospects. In the end, we secured Robert a $1.72 million payout through out-of-court negotiations. This is not only the highest amount allowed by law but also spared Robert the stress and cost of going to court.

      Read Robert's full story

      How to start your claim: 3 steps to success

      If you’ve developed a head or brain injury, follow these steps to secure the medical and financial support you need:

      If you think you’ve suffered a head or brain injury, it’s important to see a doctor as soon as possible. They can properly diagnose you and refer you to a specialist if needed. Plus, your GP can provide a medical certificate that will be key evidence for your claim. Don’t wait too long to get checked out, as some injuries might not show symptoms right away but can cause serious long-term effects.

      It’s a good idea to keep track of how your symptoms affect your daily life. Make a note of anything that might be relevant, like how your injury impacts your work, relationships, or hobbies. This detailed record will help back up your claim and show just how much the injury is affecting you.

      If you’re dealing with a head or brain injury, it’s important to contact a lawyer who specialises in these types of claims. We’ll clarify your legal rights, guide you through the claims process, and give you an estimate of your potential compensation. Your lawyer will also help gather medical evidence, talk to witnesses, and handle negotiations with insurers, ensuring you get the compensation you deserve.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      How much will my claim cost?

      The cost of your claim depends on a few factors, including the type of claim you’re making and how complex it is.

      If you’re making a workers compensation claim, your case is fully funded by the Independent Review Office (IRO). This means that we can assist with your claim for free.

      For all other states and types of claims, you’re still protected by our No Win No Fee guarantee. That means:

      • No upfront costs: we cover all expert evidence, medical tests, and legal fees, and there’s nothing to pay unless we win your claim.
      • Transparent fees: we provide a full breakdown of our fees before starting work.
      • Avoid court costs: most of our claims are resolved through mediation, saving you time and money.
      • Reduced legal fees: we typically recover fees from the other party, so you keep more of your compensation.
      • 90-day trial: try our services for 90 days — if you decide to cancel anytime during this period, you won’t pay a cent.
      Find out more about our fees

      Frequently asked questions

      Yes, Strict time limits apply to all head and brain injury claims, with the exact deadline depending on the type of claim you’re making and which state you’re in.

      If you’ve missed the filing deadline, don’t worry — we can help. Our lawyers have a detailed understanding of the time-limit exceptions in each state and can apply on your behalf. Over the years, we’ve successfully assisted many clients with delayed claims. Reach out to discuss your options and how we can help you move forward with your claim.

      Work injury claims

      You must report your head or brain injury to your employer right away. Depending on your state, you typically have 6 to 12 months to file your workers compensation claim.

      For common law damages claims, the time limits also vary by state. You’ll usually have either three years from the injury date or from when you discovered it was caused by your employer’s negligence.

      Public liability claims

      In some states, you must start court proceedings within three years of your head or brain injury. In other states, the limit starts from the date you discover your injury was caused by someone else’s negligence.

      To find out the specific time limits for your state, refer to a guide on public liability time limits.

      Motor vehicle accident claims

      In most states, you need to notify your state insurer as soon as possible after an accident. You then have between 13 weeks and three years to file court proceedings, depending on the laws in your state.

      For the precise time limits in your state, check out our complete guide to motor accident time limits.

      Medical negligence claims

      In some states, you must start court proceedings within three years of developing your head or brain injury, while in others, the three-year limit begins from when you discover that medical negligence caused your injury.

      For detailed information on the specific time limits that apply to your situation, check out our comprehensive guide to medical negligence time limits.

      Yes, you may be eligible for compensation if your head or brain injury causes you to develop a psychiatric condition like depression or anxiety. These conditions are usually the result of the pain or limitations from the injury and can significantly affect your recovery and work capacity.

      To ensure your claim covers both the physical and mental impacts of your injury, make sure to inform your doctor and psychiatrist about any mental health symptoms you’re experiencing.

      If you had a pre-existing condition before the injury, you can still file a claim for your head or brain injury. It doesn’t matter if the injury is unrelated or if your condition worsened because of the incident. Thanks to the ‘egg-shell skull rule’, the person or party responsible is still fully responsible for your injury, even if it’s more severe because of your existing condition.

      If you suffered a head or brain injury during an organised sport or recreational activity (like jet-skiing or skiing), you may have a head or brain injury claim.

      However, because these activities are considered high-risk, you’ll need to show that appropriate safeguards weren’t in place to prevent your injury. For sports, that might mean poorly maintained equipment or another player’s recklessness; for recreational activities, it could be defective gear or reckless actions from an instructor or driver.

      Yes, you could be eligible for multiple claims related to the same head or brain injury, depending on factors like your state, the injury’s severity, and your ability to return to work.

      When we assess your case, we make sure to identify all potential claims so you get the maximum compensation possible. In our experience, many of our clients with head and brain injuries end up having more than one claim, increasing the value of their total compensation.

      Income protection claims

      If your head or brain injury has temporarily stopped you from working, you may qualify for income protection, which typically offers:

      • Monthly wage replacement
      • Up to 75% of your regular income, including superannuation
      • Payments for a set period, such as 2 years, 10 years, or until retirement age

      This provides financial support while you’re unable to work, helping ease the burden during your recovery.

      Total and Permanent Disability (TPD)

      If your head or brain injury permanently prevents you from working, you may be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection, TPD provides a large lump sum designed to support you for life. Many superannuation policies include this coverage, so you could already have it without realising it.

      Free Claim Advice

      Speak to an expert lawyer about your situation today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      For over 25 years, we’ve helped people with head and brain injuries get the compensation they deserve. As part of our complete service, we’ll always:

      • Explain your rights and what claims you’re eligible for.
      • Make sure you get the treatment, support, and necessary time off work.
      • Use strong medical evidence to prove your claim.
      • Handle all insurer negotiations on your behalf.
      • Appeal your claim if it’s denied or the insurer’s offer is unfair.
      • Find each one of your extra entitlements, e.g. a TPD benefit.
      • Secure compensation that reflects the full impact of the injury on your life.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

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      We have the experience you can count on

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      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

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      “Monaco got us an upfront payment to ease the financial strain.”

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