Brain Injury Claims
A brain injury can turn life upside down—physically, emotionally, and financially. If you or a loved one has been affected after an accident, you’ll need clear guidance, steady support, and someone you can trust to stand in your corner. That’s exactly what we offer at John O’Leary Solicitors LLP.
For over 20 years, we’ve supported individuals and families in Tallaght, throughout Dublin, and across Ireland—helping them take the next step after serious accidents with calm, hands-on legal advice. We’re not part of a remote chain or call-centre network. We’re a local practice, and every client deals directly with an experienced solicitor who takes the time to listen, explain, and act with care.
Our team has built a strong reputation for securing fair and substantial compensation in brain injury claims arising from road traffic accidents, workplace incidents, falls, and other serious events. These claims are complex—but you’ll never face them alone. We’re part of the community, and we take pride in being dependable, thorough, and fully committed to the people we represent.
To speak with a solicitor and get clear advice on your brain injury claim, contact John O’Leary Solicitors LLP today. We’re here to help—and always on your side.
Understanding Brain Injuries Caused by Accidents
A brain injury can happen suddenly and without warning. It might follow a road collision, a fall, or a blow to the head at work—but no matter the cause, the effects are often serious and life-altering. At John O’Leary Solicitors LLP, we’ve supported many individuals and families facing the challenges of a brain injury caused by an accident, helping them make sense of what has happened and take practical steps forward.
In a personal injury context, a brain injury is usually referred to as a traumatic brain injury, or TBI. These injuries can vary widely in how they appear and how they affect day-to-day life. Some are classified as mild, such as a concussion, which may result in temporary confusion, headaches, or memory lapses. Others are moderate or severe, potentially causing long-term issues with speech, balance, concentration, or even permanent disability.
In many cases, a person might not realise right away that their brain has been injured. Symptoms can develop gradually over hours or even days after the accident. That’s why medical follow-up is so important—especially if you’ve lost consciousness, been dazed, or taken a blow to the head.
At our firm, we focus on brain injuries that arise from accidents caused by someone else’s fault, not from medical errors or negligence during treatment. Our role is to help injured individuals secure compensation where another party—be it a driver, employer, or business owner—failed in their duty to keep others safe.
No two brain injuries are the same. What they have in common, however, is the need for early advice, careful documentation, and a legal team that understands the real-life impact. We’re here to provide that support, clearly and compassionately, from the start.
How Brain Injuries Commonly Happen
Accident-related brain injuries can occur in many everyday situations. At John O’Leary Solicitors LLP, we’ve helped clients across Dublin and beyond who’ve experienced head trauma in the following circumstances:
Road Traffic Accidents
One of the most common causes of brain injury is a collision on the road. Whether you were driving, cycling, or walking, any forceful impact—particularly when the head hits a surface or object—can cause trauma to the brain. We regularly support clients injured in car accidents, motorbike crashes, and pedestrian incidents where drivers failed to take proper care.
Workplace Accidents
Falls from ladders, being struck by falling equipment, or operating machinery without proper safeguards can all result in serious head injuries. These types of incidents often involve employers who failed to follow safety regulations or provide appropriate training. Construction, factory, and warehouse settings are particularly high-risk, though brain injuries can happen in any type of job.
Accidents in Public or Private Places
Injuries in shops, footpaths, car parks, or private homes—where someone has slipped, tripped, or been hit by a falling object—can also lead to brain trauma. Where there has been a failure to maintain a safe environment, it may be possible to bring a personal injury claim.
We take the time to understand the exact circumstances of each accident so we can offer practical, honest advice. If you’re not sure whether your situation qualifies, we’re happy to talk it through with you.
What Living With a Brain Injury Can Really Mean
The effects of a brain injury can reach far beyond the initial accident. Even a relatively “mild” injury can interfere with how a person thinks, feels, moves, and interacts with others. For many of our clients, life simply doesn’t return to the way it was before.
Some symptoms appear immediately, while others develop over time. You might notice difficulty concentrating, short-term memory loss, confusion, or a sense of mental “fog.” Physically, there may be persistent headaches, dizziness, fatigue, or problems with balance and coordination. These can make everyday tasks feel suddenly difficult—even getting dressed, preparing meals, or walking down the road.
Brain injuries can also affect how people relate to others. Many clients describe changes in mood, increased irritability, or emotional flatness. You or your loved ones might find that your personality seems different, or that your patience or tolerance is not what it once was. For family members, this can be deeply distressing and isolating.
Work and social life are often affected. Some people are unable to return to their previous job, while others can only manage part-time hours or lighter duties. Others need long-term rehabilitation or care. What’s especially difficult is that these changes aren’t always visible to others—leaving many people feeling dismissed, misunderstood, or disbelieved.
At John O’Leary Solicitors LLP, we understand that a brain injury doesn’t just impact the person—it touches everyone around them. We’ve worked with families trying to navigate complex emotional, financial, and practical challenges, and we know how exhausting it can be.
That’s why we take a calm, grounded approach—helping you gather the right evidence, connect with the right professionals, and pursue a claim that reflects the true impact of the injury on your life. You’re not alone in this, and you don’t have to figure it all out by yourself.
What to Do After a Brain Injury
After a brain injury, knowing what to do next can be difficult—especially when symptoms are delayed or unclear. Whether the injury was diagnosed quickly or only became obvious days later, there are important steps you can take to protect your health and strengthen any potential claim.
1. Get Immediate and Ongoing Medical Support
Even if you walked away from the accident, it’s important to get checked by a GP or attend A&E. Head injuries don’t always show up straight away. You may feel fine at first but develop headaches, confusion, dizziness, or memory issues in the hours or days that follow. A clear diagnosis, scans (if needed), and proper follow-up are essential—not just for recovery, but for evidencing your injury later.
2. Keep a Record of How It’s Affected You
Writing things down makes a big difference. Start a simple log of your symptoms: how your head feels, when you get tired, if you’ve missed work, or how the injury affects your daily routine. Keep receipts for medical appointments or transport costs. Ask a family member to write a short statement if they’ve noticed changes in your behaviour, memory, or mood.
3.Get Early Legal Guidance
Once your health is being looked after, consider speaking with a solicitor. You don’t need to make any immediate decisions—but getting advice early means you’ll know where you stand. We’ll explain what’s involved, what evidence might be needed, and whether your situation is likely to lead to a claim. It’s not about pressure. It’s about helping you make informed choices with the facts in front of you.
When You Can Make a Claim for a Brain Injury
Not every brain injury will lead to a claim—but when the injury was caused by someone else’s negligence, you may be entitled to seek compensation. The most important question is whether another party failed to take reasonable care, leading to the accident that caused the injury.
Proving the Injury Was Caused by Negligence
In road traffic cases, this might mean showing that another driver was speeding, using a phone, or failed to yield. In workplace settings, it could involve a lack of safety training, broken equipment, or unsafe working conditions. For slips or falls in public or private places, the focus is often on hazards that were ignored or not addressed in time.
We’ll work with you to understand exactly how the accident happened. That includes reviewing incident reports, speaking with witnesses, and securing any CCTV or photographs that may help. Your medical records will also be key in linking the injury directly to the accident.
Delayed Symptoms or Diagnosis
Brain injuries are unique in that symptoms don’t always appear straight away. If your diagnosis came days or weeks after the accident, that doesn’t mean you can’t make a claim. What matters is whether the evidence supports a clear link between the accident and the injury. We regularly handle cases where early symptoms were missed or misattributed.
If you’re unsure whether your situation qualifies, get in touch. We’ll give you a straight answer—so you can decide what to do next.
Challenges in Brain Injury Claims—And How We Help
Brain injury claims are some of the most complex personal injury cases we handle. They require careful preparation, strong medical evidence, and a solicitor who understands the practical realities of living with cognitive, emotional, or behavioural change.
Proving the Full Extent of the Injury
One of the first challenges is making sure the injury is properly understood and recognised. Many brain injuries don’t show up on standard scans. Others may be underestimated by insurers or medical experts unfamiliar with the day-to-day impact. We work with independent specialists who can assess cognitive function, memory, emotional changes, and other less visible effects—ensuring the full picture is documented.
“Invisible” Symptoms That Can Be Overlooked
A client may look physically well but struggle with confusion, fatigue, or concentration. These symptoms can be subtle yet disabling. Sadly, we’ve seen insurers question whether the injury is “real” or serious enough to warrant compensation. That’s why we place strong emphasis on clear, structured evidence—symptom diaries, expert assessments, and observations from family or co-workers—to show exactly how the injury has altered your life.
Disputed Liability or Incomplete Records
Some claims are complicated by limited records, uncooperative defendants, or unclear circumstances. We’re experienced in reconstructing events from witness accounts, photographs, and any available evidence. Where liability is disputed, we dig deep—not just accepting the first version of events but testing it carefully.
Throughout the process, we stay focused on your experience—not just the paperwork. You’ll always know what’s happening, and you’ll always be dealing directly with a solicitor who understands what’s at stake.
Time Limits for Brain Injury Claims in Ireland
If you’re thinking about making a claim following a brain injury, it’s important to be aware of the time limits involved. In Ireland, most personal injury claims—including those involving brain injuries—must be brought within two years from the date you became aware of the injury and its connection to the accident.
This doesn’t always mean the date of the accident itself. For brain injuries, symptoms can develop gradually. You might not realise the seriousness of the injury straight away, especially if it wasn’t diagnosed until weeks later. The clock usually starts ticking from the moment you first knew—or ought to have known—that the injury was significant and linked to what happened.
There are exceptions. If the injured person was under 18 years old at the time, the two-year limit doesn’t begin until their 18th birthday. And if the injury has left someone unable to manage their own legal affairs due to cognitive impairment, the time limit may be extended until they regain capacity—or a representative can act on their behalf.
It’s always safest to get advice early. Even if you’re unsure whether the time has passed, we can check that for you and explain your options clearly.
What Compensation May Cover in a Brain Injury Claim
Compensation for a brain injury claim isn’t just about the injury itself—it’s about the many ways it changes your life. At John O’Leary Solicitors LLP, we focus on the real-world impact, making sure every relevant loss is fully accounted for in your case.
Depending on the circumstances, a claim may cover:
- Loss of earnings if you’ve had to take time off or leave work entirely
- Future loss of income if your ability to return to work is affected long-term
- Medical and rehabilitation costs, including physiotherapy, occupational therapy, or specialist appointments
- Care needs, whether that’s full-time support or occasional home help
- Modifications to your home or vehicle, such as ramps, railings, or adapted transport
- Transport costs for appointments or therapies not available locally
- Ongoing medication or equipment, including cognitive aids or mobility supports
We also seek compensation for the non-financial impact—loss of independence, pain, disruption to family life, and changes in your social or emotional wellbeing. These are not always visible, but they matter just as much.
No two claims are the same, and we never apply a one-size-fits-all approach. We take the time to understand your specific needs so that your compensation reflects the full picture of what you’ve gone through—and what you may need going forward.
Frequently Asked Questions
Can I still claim if my brain injury wasn’t diagnosed straight away?
Yes. Many brain injury symptoms appear gradually. If your injury was linked to an accident and you only realised the seriousness later, you may still be eligible to claim. The two-year time limit often starts from the date of awareness.
What if I can’t return to work because of the injury?
You can include future loss of earnings in your claim. We’ll work with medical and vocational experts to assess your ability to work and the financial impact over time.
Do I need a scan or MRI to prove the brain injury?
Not necessarily. Some brain injuries don’t show on scans. Diagnosis can also come from clinical observations, GP records, specialist reports, and cognitive assessments.
Can a family member help with my claim if I’m struggling?
Yes. A relative can assist in gathering information, attending meetings, or even acting on your behalf if you lack capacity to manage the process yourself.
Will I have to go to court?
Most claims settle outside court. We’ll always aim for a fair resolution without trial, but if court becomes necessary, we’ll guide and support you through every step.
How much compensation can I expect?
It depends on the severity of your injury, recovery prospects, and how your life has been affected. We’ll assess all financial and non-financial losses to ensure a fair outcome.
I’m not sure it’s worth claiming—what should I do?
Start with a conversation. We’ll listen, explain your options clearly, and help you decide if pursuing a claim is right for you. There’s no pressure, and no obligation.
Ready to Talk? We're Here When You're Ready
If you or someone close to you has suffered a brain injury after an accident, you don’t have to face the aftermath alone. At John O’Leary Solicitors LLP, we offer clear, personal advice from a solicitor you can speak to directly.
We understand what’s at stake, and we’re here to help you make informed choices about your next step.
Contact John O’Leary Solicitors LLP today to discuss your claim.