See the latest awards we have won on our Industry Awards page here

Search

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.

Free Claim Check
5 star client rating icon

5-Star Client

Rating

Free Case Assessments

Free Case
Assessments

Industry Experts

Industry Experts: 20+ years of experience

No Win No Fee

No Win No Fee Guaranteed

5 star client rating icon

5-Star Client

Rating

Free Case Assessments

Free Case
Assessments

Industry Experts

Industry Experts: 20+ years of experience

No Win No Fee

No Win No Fee Guaranteed

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 within 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 occurred.

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:

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

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.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Google Rating
4.9