Brain Injury Compensation Claims

Traumatic brain injuries often occur as a result of a severe sports injury, fall or car accident. Traumatic brain injury (T.B.I.) is also known as an inter-cranial injury, which occurs when an external source injures the brain.

T.B.I. can result in physical, cognitive, social, emotional and behavioural symptoms and the outcome from such an injury can range from a complete recovery to permanent disability.

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Traumatic brain injuries can have a devastating impact

Treating traumatic brain injuries is difficult and may involve surgery, medications, physical therapy, speech therapy, occupational therapy and counselling. Traumatic brain injuries can have a devastating impact on lifestyle and prevent a person’s ability to work.

Since car accidents are a major cause of brain injury, it is important to understand your rights to compensation following such an injury.

If you sustain an injury in a car accident, you are entitled to claim brain injury compensation under the Motor Accidents Compensation Act in NSW. This Act allows for an injured person to receive upfront payment of medical expenses and subsequently a claim can be made for pain and suffering, future medical treatment, past and future loss of income and care and assistance required because of the injury.

Since 1 October 2007, the Lifetime Care & Support Scheme was introduced in NSW to assist people who have sustained traumatic brain injury because of car accidents. The Lifetime Care & Support Scheme pays for all medical treatment, care and assistance needed following such an injury.

What Sort Of Injuries Are Classified As Brain injuries?

A Traumatic Brain Injury (T.B.I) is a disruption in the normal function of the brain that can be caused by a blow, bump or jolt to the head, the head suddenly and violently hitting an object or when an object pierces the skull and enters brain tissue. Observing one of the following clinical signs constitutes alteration in the normal brain function:

Loss of or decreased consciousness
Loss of memory for events before or after the event (amnesia)
Focal neurological deficits such as muscle weakness, loss of vision, change in speech
Alteration in mental state such as disorientation, slow thinking or difficulty concentrating

Symptoms of a T.B.I can be mild, moderate, or severe, depending on the extent of damage to the brain. Mild cases may result in a brief change in mental state or consciousness. Severe cases may result in extended periods of unconsciousness, coma, or even death.

Who Will Pay My Brain Injury Compensation If I Take Legal Action?

The party responsible for the negligence which resulted in the brain injury will pay the compensation, most people or businesses are usually insured, and it will be the insurance company paying for the compensation.

What Can I Claim Brain Injury Compensation For?

Depending on how serious the injury, and whether the injury was sustained at work, in a motor vehicle accident or in a public place, your claim for compensation may include; loss of income, pain and suffering, loss of enjoyment of life, medical expenses and the costs of care and assistance.

How Long Will A Brain Injury Claim Take?

There is no set or average time you can expect a brain injury claim to take. These claims are usually complicated due to both legal factors and medical matters.

It is important to seek out legal advice as soon as possible after a brain injury because there are time limits when applying for compensation.

Due to the nature of brain injuries, it is important to understand the full extent of the injury, if and when it will stabilise. Your legal team then need to calculate the current and future impact of the injury to understand the full value of the case.

Are There Time Limits When It Comes To Making A Brain Injury Claim?

If you are making a claim for workers compensation, it is necessary to lodge the claim as soon as possible following the injury, but no later than six (6) months of the date that the injury occurred. In the case of death, within six months after the date of death.

In the case of motor vehicle accident injuries, a claim must be made within 28 days after the accident occurred.

If it is a personal injury matter, the claim can be made within 3 years of the date the negligence occurring.

If you or a loved one has sustained a traumatic brain injury, please do not hesitate to contact us as follows for help with compensation:

Complete our FREE case assessment form HERE
Email us at info@garlingandco.com.au
Give us a call on (02) 8329 9500

The Claims Process:

Obligation free meeting with Accredited Specialist in Personal Injury Law
Understand what you are entitled to, the process and timeframe
Proceed on a No Win No Fee basis
Your case is built using the best experts to achieve the optimum result
Your will be kept updated throughout the process
We will secure the financial result in the shortest possible timeframe

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

Call now to start your claim 02 8329 9500

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sidney C.

02:14 05 Mar 26

From the Moment we seek out a lawyer all we expect from them is Honest,Efficient,Competentce,and Dedication.I Found All of That in These Lawers.

YKHADZ

00:11 25 Feb 26

I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more

Howard P.

00:54 23 Feb 26

So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more

Fiona C.

05:55 19 Feb 26

I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to... return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference.Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.read more

E.B

01:02 04 Feb 26

We initially contacted Matthew after my husband’s injury, he was so helpful and gave us all the information about my husband’s workers comp situation, he took the time and explained where my husband... was at with his claim and what we needed to do moving forward. This was even before we became a client which was refreshing and honest… Navigating a workers compensation claim is hard and really confusing, the team at Garling and co are so helpful and professional they really make the process easy and smooth!! We knew we could always call or email and ask questions about anything at any time. My husband doesn’t speak English fluently and Allison and Matthew catered to that in any ways possible.My husband was happy with the outcome of his claim, and he felt like he ended up with best possible outcome thanks to Matthew and the team.Thankyou Garling and Coread more

Alyssa F

08:02 31 Dec 25

Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze.... When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.read more

David Y

21:33 15 Dec 25

A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire... team. Outstanding results - highly recommended.read more

Richard R.

07:58 02 Dec 25

I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more

Graeme M.

04:22 29 Oct 25

Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more

Melanie F.

00:20 18 Oct 25

3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more