Traumatic Brain Injury lawyers.

A traumatic brain injury (TBI) is a disruption to normal brain function caused by a sudden blow, jolt, or penetrating injury to the head. TBIs range from mild concussions, which may cause short-term confusion and headaches, to severe injuries that result in permanent brain damage.

The effects can be wide-ranging, including problems with memory, decision-making, concentration, movement, mood, and personality. Because the brain controls every part of the body, even a “mild” TBI can have serious consequences for daily life, relationships, and employment.

Yes. If another party’s negligence caused your traumatic brain injury, you may be entitled to compensation. Personal injury claims for TBI can cover medical treatment, rehabilitation, lost income, long-term care, and general damages for pain, suffering, and loss of enjoyment of life.

TBI symptoms vary depending on severity and include confusion, memory loss, mood swings, difficulty concentrating, speech problems, and fatigue. Some symptoms appear immediately, while others worsen over time.

Diagnosis of a TBI relies on clinical evaluation, imaging tests such as CT or MRI scans, and cognitive assessments. We use this medical evidence to support the claim and calculate appropriate compensation. Evidence from friends and family about how the claimant has been affected cognitively, behaviourally and emotionally since the accident is also considered.

Yes. Because TBIs affect the brain, they often lead to psychological and emotional injuries such as depression, anxiety, PTSD, or difficulty regulating emotions. These effects can be as disabling as the physical symptoms, sometimes preventing a person from working, maintaining relationships, or living independently. In a compensation claim, these psychological injuries are considered part of the overall condition and can increase the amount of damages awarded. Support for counselling, psychiatric treatment, and long-term mental health care may also be included.

Loss of income is one of the most significant issues in TBI claims. Compensation can cover wages already lost during recovery, as well as reduced earning capacity in the future if the injury prevents a return to the same career or level of work. For severe TBIs, this may mean a complete inability to work, requiring long-term financial support.

Even in less severe cases, reduced hours, lower-paying jobs, or difficulty maintaining consistent employment may justify significant compensation. Vocational assessments and expert medical reports are often used to demonstrate the impact on employment and career prospects.

Most TBI claims are resolved without going to trial. Insurers usually prefer to negotiate a settlement once there is clear evidence of the injury and its long-term impact. However, traumatic brain injuries can involve complex medical issues and high financial stakes, which sometimes makes litigation necessary.

At Gain Lawyers, we prepare every claim thoroughly as though it may go to court - gathering strong medical evidence, expert reports, and witness statements - so that if litigation becomes necessary, your case is ready. At the same time, we focus on securing a fair settlement as early as possible to reduce stress and uncertainty for you and your family.

People who suffer traumatic brain injuries are often unable to function as they did before their injury. TBI survivors may have issues with understanding complex issues, providing competent legal instructions, managing their own finances, and generally organising their life.  For this reason, having a ‘support person’ throughout the claim is always recommended so that the injured person has assistance in remembering medical, legal and financial advice, and providing instructions that benefit them the most. 

In cases where the injured person has lost capacity due to TBI, a litigation guardian must be nominated to ‘step into the shoes’ of the TBI survivor to make decisions on their behalf that are directly for their benefit. If a litigation guardian gives instructions to settle the TBI survivor’s claim, the settlement must be independently reviewed and sanctioned by the Court to ensure that the settlement is fair, reasonable and in the injured person’s best interests. 

Further, if the injured person does not have the capacity to manage their own finances (including what is often a substantial settlement sum or court award), a financial administrator (e.g. a private trustee) may be appointed to manage and administer those funds for the injured person’s benefit thereafter.

Traumatic brain injury claims require both legal expertise and an understanding of the long-term consequences of brain damage. At Gain Lawyers, we combine accredited specialist legal knowledge with practical insight into the medical and rehabilitation process. We work closely with you and your loved ones, ensuring your claim reflects the true impact of the injury and secures the compensation you need for treatment, support, and a more secure future.

With Gain Lawyers, you benefit from:

• Accredited specialist expertise – Your claim is managed by a Queensland Law Society Accredited Specialist in Personal Injury Law (top 2% of lawyers in this field).
• Comprehensive claim preparation – We gather medical reports, expert evidence, and witness statements to build the strongest possible case.
• Holistic support – Beyond legal work, we understand the rehabilitation process and liaise with treatment providers to ensure your ongoing needs are accounted for.
• Family-focused approach – We recognise that TBIs affect not only the injured person but also their loved ones, and we work to secure support for the entire family.
• True No Win, No Fee promise – If your claim is unsuccessful, you pay nothing — including legal fees and disbursements.
• Lower legal costs than major firms – We don’t charge care and consideration fees, uplift fees, or push high-interest loans, meaning you keep more of your settlement.
• Proven results – With over 20 years of experience and more than 1,200 cases resolved, we have a strong track record of securing maximum compensation.