Accredited specialists representing people across Queensland who have suffered head injuries caused by another party’s negligence.
What we can help you with.
Head injury claims can arise from a wide range of serious accidents. We represent people with head and brain injuries across Queensland, including injuries caused by:
- Motor vehicle accidents (including car, truck, motorcycle and bus accidents)
- Workplace accidents
- Falls in public places or at work
- Sporting and recreational accidents
- Assaults or acts of violence
- Medical negligence
- Accidents involving defective products or unsafe premises
Free initial consultation
We assess your claim and explain your legal rights. You'll learn whether you can claim statutory benefits such as income support, medical expenses, impairment lump sums, income protection or Total Permanent Disability payouts, and/or common law damages (a lump-sum settlement covering past and future losses).,
Lodging your claim
Our team then lodges your claim with the relevant insurer, organises any required medical assessments, and provides ongoing updates to make sure your claim progresses smoothly at every stage.
Support throughout your claim
Once lodged, the insurer may request additional examinations or dispute certain aspects of your claim. We collect and review the medical records, reports and other evidence needed to support your case.
Resolution and payment
We negotiate your claim with the insurer, and if successful, finalise your settlement. Where a fair resolution cannot be reached through negotiation, we are prepared to commence court proceedings.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online or phone consultations, and can even come to you if needed.
Who can make a head injury claim?
You may be entitled to make a head injury claim if you have suffered a head or brain injury due to another person’s or organisation’s actions, including if you were:
- A driver or passenger
- A motorcyclist or cyclist
- A pedestrian
- A worker injured in the course of employment
- A child or young person who has suffered a head injury
- A family member or dependant in a fatal head injury claim
What matters is not how the injury occurred, but whether another party’s actions caused or contributed to the head injury.
Fewer than 5% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, which recognises the highest level of industry expertise, experience, and ethical standards.
We don't add extra percentages or "success fees" to your settlement. No additional percentage comes out of your final compensation.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Jeremy Roche, Director At Gain
How head injury compensation works in Queensland
Head injury compensation in Queensland is governed by the same legal principles that apply across personal injury law, but those principles operate differently in head injury claims. Outcomes depend on how cognitive symptoms develop, how that change is documented, and how the longer-term effects of the injury become clear over time, which is why an early diagnosis often does not predict the eventual claim value.
What legally counts as a head injury
A head injury, in legal terms, is not defined by a single diagnosis. The category covers any trauma affecting the head, including concussion, skull fracture, scalp injury, mild traumatic brain injury, and more severe brain trauma. Different head injury types can produce very different consequences, but they sit within the same legal framework for assessing responsibility and loss.
Head injury claims operate under Queensland's personal injury framework, with the specific statutory pathway depending on how the injury occurred. Motor vehicle head injuries are governed by the Motor Accident Insurance Act 1994 (Qld), workplace head injuries by the Workers' Compensation and Rehabilitation Act 2003 (Qld), and most other circumstances by the Civil Liability Act 2003 (Qld) and the Personal Injuries Proceedings Act 2002 (Qld). The most serious head injuries sit at the catastrophic end of the spectrum and may attract additional support under specialist Queensland schemes.
Why head injury claims behave differently to other personal injury claims
Many physical injuries reach a stable medical endpoint within a foreseeable timeframe, but head injuries often do not. Cognitive symptoms can take months or years to fully emerge, particularly in traumatic brain injury claims where the diagnostic label given at the scene of the accident may understate the long-term impact.
A claimant assessed with mild concussion at the emergency department can later present with persistent cognitive deficits, mood changes, executive function problems, fatigue, and reduced capacity to return to pre-injury work. The legal claim, however, is bound by the medical evidence available at the time of settlement, not by the medical reality that emerges afterwards. This is why timing is the central tactical issue in head injury claims, and why a head injury claim resolved before the long-term picture is clear can permanently under-compensate the claimant.
What evidence a head injury claim depends on
Head injury claims depend on medical evidence that builds over time rather than being captured at a single point. Imaging such as CT or MRI scans documents structural damage where present, but the absence of structural damage on imaging does not exclude functional brain injury, and many head injury claims succeed on functional evidence rather than radiological findings.
A complete evidence base for a head injury claim typically develops over 18 months or more, with neuropsychological assessment, occupational therapy reports, and lay observations from family members and employers all contributing to the picture of how the injury has affected the claimant's capacity, behaviour, and daily life.
How head injury compensation is assessed
Compensation in head injury claims is intended to reflect the overall impact of the injury, including the categories of loss commonly referred to as heads of damage: medical and rehabilitation costs, past and future loss of income, reduced earning capacity, care and support needs (paid and gratuitous), and pain, suffering, and loss of enjoyment of life.
Cognitive impairment from a head injury affects most of these heads of damage at once. Memory and concentration problems can permanently reduce earning capacity even where the claimant returns to work, fatigue and emotional regulation difficulties often require ongoing support at home, and the long-term need for cognitive rehabilitation, neuropsychology review, and assistance with complex tasks can run for decades. The types of compensation available in a head injury claim are genuinely understood only once the long-term cognitive trajectory has stabilised.
How much a head injury claim is worth
Head injury claims sit across a wide range of values because the same diagnostic label can produce very different functional outcomes. Two claimants with the same mild traumatic brain injury diagnosis can have substantially different claim values depending on whether they return to pre-injury work, whether ongoing care is needed, and how cognitive symptoms affect day-to-day life over the long term.
General damages, the head of damage covering pain, suffering, and loss of enjoyment of life, are calculated using the Injury Scale Value system under the Civil Liability Regulation 2025 (Qld), with a maximum of $484,100 for the most extreme injuries. Brain injury sits high on the ISV scale because cognitive impairment carries lifelong implications. A compensation calculator can produce an indicative range, but head injury claims are particularly sensitive to evidence that takes time to develop.
Time limits for head injury claims
Strict statutory deadlines apply to head injury claims, and missing the relevant deadline can permanently prevent a claim from proceeding regardless of its merits. The time limits for personal injury claims in Queensland are set by the Limitation of Actions Act 1974 (Qld) and the Personal Injuries Proceedings Act 2002 (Qld).
The general limitation period is three years from the date of the injury, but shorter notice periods apply much earlier. CTP head injury claims require notice to the insurer within nine months of the incident, and workers' compensation head injury claims have their own notification requirements. This is why how long a personal injury claim takes in head injury matters is often longer than for other injury types, because the deadlines force early procedural action even where the medical position is still developing.
Missing a deadline does not always automatically end the claim. Each regime has its own provision allowing late notification or application in defined circumstances, although the threshold and the process vary, and the three-year limitation period for commencing court proceedings remains the absolute backstop in most personal injury matters regardless of which regime applies.
3 things to know about head injury claims in QLD
“I cannot rate Jeremy highly enough. He handled my motor vehicle compensation claim with outstanding support during an extremely stressful time. After taking over from my previous lawyers, he achieved more than double the result they had estimated. I now refer everyone I can to Jeremy - he truly is the best.”
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Head injury lawyer FAQs (QLD)
Do I actually have a head injury claim, or am I overthinking it?
Many people with head injuries are unsure whether their situation is “serious enough” to justify a claim, particularly if early symptoms seemed mild or scans were clear. In practice, eligibility is often broader than people expect. Head injury claims are assessed based on impact over time, not early impressions. If symptoms are ongoing, worsening, or affecting work or daily life, it is usually worth getting clarity before assumptions are made.
What if my head injury symptoms didn’t show up straight away?
Delayed symptoms are common with head injuries. Problems with memory, concentration, fatigue, mood, or emotional regulation often become noticeable only after returning to work or normal routines. A delay in symptoms does not usually prevent a claim, provided the evidence supports a connection between the incident and the injury.
Do I need a formal diagnosis before speaking to a lawyer?
No - many people seek advice about a head injury before a definitive diagnosis is made. Claims often progress while medical investigations and specialist assessments are still ongoing. Early advice is usually about protecting your position and avoiding mistakes, not forcing the claim forward before the injury has properly declared itself.
What if my head injury was described as “mild”?
Labels like “mild concussion” are often misunderstood and do not reliably reflect long-term impact.
Some people with so-called mild head injuries experience ongoing cognitive, psychological, or functional difficulties that significantly affect work and daily life. Compensation is assessed based on effect, not terminology.
I’ve already spoken to an insurer - have I hurt my claim?
Not necessarily, but timing and content can matter.
Insurers often make early contact before the longer-term effects of a head injury are clear. In many cases, early conversations can be reviewed and managed before positions become fixed, particularly if advice is obtained early.
What if my head injury affects my ability to work, but I can still function day to day?
Head injuries often affect work capacity in subtle but significant ways.
Reduced concentration, slower decision-making, fatigue, or difficulty coping with pressure can all impact employment and earning capacity, even where a person appears outwardly well. These effects are commonly taken into account when assessing compensation.
Will a head injury claim mean going to court?
Probably not - most head injury claims resolve without a court hearing.
The usual approach is to understand the full medical and functional impact of the injury, then negotiate once that picture is clear. Court proceedings are used only where a fair outcome cannot be reached.
What if I’m worried about legal fees?
You don’t need to pay anything upfront or during the claim.
If the claim succeeds, professional fees are paid from the settlement. We do not charge uplift or “success” fees, and we cover the cost of medical reports and expert evidence as the claim progresses. If a claim is unsuccessful, those costs are written off entirely.
If I contact Gain Lawyers, am I committing to making a claim?
No - speaking with us does not commit you to anything.
The initial consultation is free and focused on understanding your situation and options. In many cases, you can get an early indication of whether your circumstances are likely to justify a claim, allowing you to decide whether proceeding makes sense.