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      Do I have a head injury claim?

      You could have a head injury claim if you’ve suffered a bump, skull fracture or other head injury at work, on the road, or due to someone else’s negligence. These claims are also called ‘head trauma claims.’

      A successful claim covers more than just medical expenses — it can also compensate for lost wages, care costs, and the pain and suffering caused by your injury.

      Common types of head injury compensation claims include:

      Unsure which claim applies to your situation? Reach out to our expert head injury lawyers today. In a free consultation, we’ll go over your case and break down the types of compensation you may be entitled to. In some cases, you could be eligible for more than one head injury lawsuit.

      What head injuries can I claim for?

      Here are some common head injuries that may qualify for compensation:

      • Cuts to the face or head.
      • Lacerations.
      • Skull fractures.
      • Contusions (bruises).
      • Haematomas (when blood collects outside the brain).

      Don’t see your injury listed? Contact our head injury solicitors for a free consultation to find out if you’re eligible for compensation.

      How much is a head injury claim worth?

      There is no average compensation for a head injury. Instead, head injury compensation payouts vary based on several factors, including:

      • The type of claim you’re making.
      • How your condition affects your ability to work and live independently.
      • Your pre-injury income and whether you can return to work.
      • Your age.
      • Which state you're in.

      Typically, minor head injury compensation will cover lost wages and medical expenses.

      But if your injury is more severe and the accident was caused by someone else’s negligence, you could get a substantial lump sum covering:

      • Lost wages (both past and future).
      • Medical expenses (both past and future).
      • Pain and suffering.
      • Support from family or friends.
      • Modifications to your home or vehicle.
      • Professional care.

      Head injuries can have serious, long-term effects, so getting the full compensation you deserve is essential. That’s where an experienced head trauma attorney comes in. We’ll assess every possible claim you’re eligible for, ensuring your head injury settlement amount truly reflects the impact of your condition.

      What other types of head injury compensation could I get?

      You could also receive additional head injury compensation through your superannuation policy. As part of our comprehensive service, our head injury lawyers will check if you’re eligible for:

      If your head injury has left you temporarily unable to work, you may be eligible for income protection. This can provide:

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

      If your head injury prevents you from ever working again, you may be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection, TPD pays out a lump sum to support you long-term. Many superannuation policies automatically include TPD coverage, so you might be covered without knowing it.

      How to make a head injury claim

      While every head injury claim is unique, your case will most likely go through the following steps:

      Before beginning your head injury claim, it’s worth speaking with a lawyer who specialises in these cases. In a free consultation, we’ll walk you through the process and make sure you know exactly what you’re entitled to.

      Your lawyer will assess every possible claim option, ensuring you receive the maximum compensation for your head injury.

      Strong expert evidence is key to winning a head injury claim, especially when proving someone else was at fault. You’ll need to show both the full impact of your injury on your life and establish the other party’s responsibility.

      That’s where we come in. Our experienced head injury lawyers work with top medical and liability experts to build a rock-solid case. They’ll provide the evidence needed to support your claim from every angle.

      And the best part? We cover all expert costs upfront, so you won’t pay a cent unless we win.

      Once we’ve built a strong case, your head injury lawyer will take care of lodging your claim:

      • Workers compensation or car accident claims: we’ll submit your claim along with all supporting evidence to the insurer.
      • Public liability or medical negligence claims: your lawyer will initiate court proceedings on your behalf.

      No matter what type of claim you’re making, we’ll handle the entire process to keep things as smooth and stress-free as possible.

      After your claim is lodged, the next step is waiting for the insurer’s decision. If your claim is approved, your payments should start right away. But if it’s denied or the payout is lower than expected, your lawyer will step in to challenge the decision and fight for the full compensation you’re entitled to.

      If your claim heads to court, you’ll need to attend a mandatory pre-court mediation with the insurer. Don’t worry — your head injury lawyer will handle all the negotiations, keeping things as smooth and stress-free as possible.

      With solid preparation, most cases settle at this stage. But if the insurer won’t offer fair compensation, we’re fully prepared to take your case to court and fight for every dollar 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, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      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
      Meet more of the team

      Frequently asked questions

      If you’ve suffered a head injury, taking the right steps early can help secure the medical and financial support you need:

      1. Get medical attention: see a doctor as soon as possible for a proper diagnosis and any necessary referrals. Your GP can also provide a medical certificate, which is key evidence for your claim. Some head injuries may not show symptoms right away, so don’t delay.
      2. Keep track of symptoms: document how your injury affects your daily life, work, relationships, and hobbies. A clear record helps strengthen your claim.
      3. Speak to a head injury lawyer: an experienced head injury lawyer can explain your rights, guide you through the claims process, and estimate your compensation. They’ll also gather medical evidence, talk to witnesses, and handle insurer negotiations to ensure you get what you deserve.

      The cost of your head injury compensation claim depends on factors like the type of claim and its complexity.

      If you’re filing a workers compensation claim in NSW, your case is fully funded by the Independent Review Office (IRO) — meaning we can assist you for free.

      For other states and claim types, you’re protected by our No Win No Fee guarantee. That means we cover all upfront costs, and you won’t pay a cent unless we win your claim. Plus, our fees are capped at 30% of your compensation — far less than the 50% many other head injury law firms charge. In most cases, we recover fees from the other party, so you keep more (if not all) of your payout.

      Contact our head injury lawyers today for a free cost estimate. Find out what you’re entitled to, how much we’ll charge, and how to secure the maximum compensation for your injury.

      Most head injury claims are resolved within 18 months, but the exact timeframe depends on factors like:

      • The complexity of your case.
      • The severity of your injuries.
      • The treatment and recovery time needed.
      • Whether your injuries have ‘stabilised’ (reached maximum improvement).
      • How well your claim is prepared.

      For a clearer idea of how long your claim might take, contact our head injury lawyers. Once we understand your situation, we can give you a more accurate timeline.

      Head injury claims must be filed within a specific time limit, which varies based on the type of claim and the state you’re in.

      If you’ve missed the deadline, don’t panic — there are still options. Our experienced head injury lawyers understand the time-limit exceptions in each state and can apply for an extension on your behalf.

      We’ve helped many clients successfully navigate delayed claims, ensuring they still get the compensation they deserve. Get in touch today to explore your options and take the next step in your claim.

      Head injury at work claims

      Report your head injury to your employer as soon as possible. Most states give you between 6 to 12 months to file a workers compensation claim.

      For common law damages claims, time limits vary by state. In most cases, you have up to three years from the date of injury (or from when you realised it was caused by your employer’s negligence) to file your claim.

      Public liability slip and fall claims

      In some states, you have three years from the date of your head injury to begin court proceedings. In others, the time limit starts from when you realise your injury was caused by someone else’s negligence.

      For state-specific deadlines, check out our public liability time limits guide.

      Motor vehicle accident claims

      In most states, you must notify your state insurer as soon as possible after an accident. The deadline to file court proceedings varies by state, ranging from 13 weeks to three years.

      For exact time limits in your state, refer to our complete guide to motor accident time limits.

      Medical negligence claims

      In some states, you have three years from when your head injury develops to start court proceedings, while in others, the limit begins when you realise medical negligence caused your injury.

      For a detailed breakdown of time limits in your state, see our comprehensive guide to medical negligence time limits.

      The compensation for a head injury usually comes from the insurance company of the person or business responsible. Most people and businesses have insurance, so while they’re liable, it’s typically their insurer that covers the payout.

      Having a pre-existing condition doesn’t stop you from claiming compensation for a head injury. Whether the injury is unrelated or your condition worsened due to the incident, you still have a case. Under the ‘egg-shell skull rule,’ the responsible party is fully liable, even if your injury is more severe because of your existing condition.

      In our experience, insurers are more likely to challenge claims from those with pre-existing conditions. They may demand excessive evidence or try to deny your claim unfairly. That’s why having an experienced head trauma lawyer is essential. With decades of experience handling these cases, we know how to push back against unreasonable insurer demands. This ensures your case is resolved faster ¬— and you receive your head injury payout sooner.

      If you sustained a head injury while playing an organised sport or during a recreational activity like jet-skiing or skiing, you may be eligible to make a claim.

      However, since these activities come with inherent risks, you’ll need to prove that proper safety measures weren’t in place. In sports, this could mean faulty equipment or reckless behaviour from another player. For recreational activities, it might involve defective gear or negligence from an instructor or operator.

      Before starting your claim, speak with a specialist head injury lawyer. We’ll review your situation, assess any waivers you signed, and explain your rights to compensation.

      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.

      Google Posted by Jamie Quinn
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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

      What makes us the best head injury lawyers?

      After a head injury, you need more than just basic compensation — you need a fast, substantial payout that truly reflects the injury’s impact on your life. That’s where our expert head injury lawyers come in. From start to finish, we’ll:

      • Explain your rights and the head injury claims you qualify for.
      • Ensure you get the right medical care, support, and time off work.
      • Build a strong case with solid medical evidence.
      • Handle all insurer negotiations and push back on unfair offers
      • Appeal denied claims to fight for what you deserve.
      • Uncover additional entitlements, like a TPD benefit.
      • Maximise your payout to cover your full recovery and future needs.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      $750,000

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      $230,000

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      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

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      $850,000

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      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

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      $550,000

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      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

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      $550,000

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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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      9,403
      CLAIMS WON
      $650m
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