Acquired Brain Injury Claims in Ireland: The Cross-Cause Guide to Compensation, Capacity and Lifelong Care
Summary: An acquired brain injury (ABI) is any damage to the brain that happens after birth. It can come from trauma, such as a road crash, a fall or an assault. It can also come from non-traumatic causes, such as a stroke, oxygen loss, an infection or a tumour. An acquired brain injury claim is a personal injury claim that seeks compensation where someone else's negligence caused the injury. This is the umbrella guide for the whole cluster. It explains what counts as an ABI, how the cause decides which legal route you take, what compensation looks like, and the two issues that matter most in serious cases, which are future care funding and legal capacity. Where your situation has its own dedicated guide, we link you straight to it.
In short: An acquired brain injury is any brain damage that happens after birth, covering both traumatic brain injury (TBI) and non-traumatic causes like stroke or oxygen loss. You generally have 2 years to claim, running from the injury or the date you knew of it, but time does not run while an adult lacks the capacity to claim. General damages for the most severe brain damage reach up to €550,000. The much larger part of a catastrophic award is the uncapped cost of future care. Sources: ABI Ireland and the Personal Injuries Guidelines. Last updated 14 June 2026.
Contents
Acquired brain injury in Ireland, key figures (2026): Acquired Brain Injury Ireland estimates around 19,000 new brain injuries each year, about 52 a day, including roughly 10,000 traumatic brain injuries and 7,500 strokes. Headway Ireland, working from international rates applied to the Irish population, estimates 9,000 to 11,000 traumatic brain injuries and a further 8,000 strokes each year, and notes brain injury is a leading cause of death and disability in young people. Ireland keeps no official national register, so these are charity estimates. Sources: ABI Ireland, Headway Ireland.
What is an acquired brain injury?
Quick answer: An acquired brain injury (ABI) is any brain damage that happens after birth, rather than from a genetic or degenerative condition. It covers two groups: traumatic brain injury (TBI) from an external force such as a crash, fall or assault, and non-traumatic brain injury from an internal cause such as a stroke, oxygen loss, infection or tumour. Either can support a compensation claim in Ireland if negligence caused it.
An acquired brain injury is any damage to the brain that happens after birth and is not the result of a genetic, congenital or degenerative condition. The defining word is "acquired". It captures the full range of ways a healthy brain can be harmed during a person's lifetime, whether by a sudden physical blow or by an internal medical event such as a loss of oxygen or a stroke. That breadth is why an acquired brain injury claim is best understood as an umbrella rather than a single, narrow claim type.
Clinicians grade the severity of a brain injury in the early hours and days using tools such as the Glasgow Coma Scale. They track recovery against scales like the Rancho Los Amigos levels of cognitive functioning. Those clinical measures matter to a claim because they help establish how serious the injury was and how much it will affect the person's life. The legal pathway to compensation for injury in Ireland, though, turns less on the label and more on two questions. What caused the injury, and how severe and lasting are its effects?
In plain terms: "acquired brain injury" is the clinical umbrella term. A traumatic brain injury (TBI) is one type of ABI, the kind caused by an external force. Strokes, oxygen loss, infections and tumours are non-traumatic types of ABI. All of them can found a personal injury claim if negligence caused them.
ABI, TBI and head injury: what is the difference?
These three terms are used loosely in everyday speech, but they mean different things, and the difference can change which guide on this site is right for you. Acquired brain injury is the widest term. Traumatic brain injury is the subset of ABI caused by external force. A head injury is an injury to the scalp, skull or face, which may or may not involve any damage to the brain underneath.
| Term | What it means | Typical causes |
|---|---|---|
| Acquired brain injury (ABI) | The umbrella: any post-birth brain damage, traumatic or not | All of the below |
| Traumatic brain injury (TBI) | A type of ABI caused by an external physical force | Road crashes, falls, assaults, workplace impacts |
| Non-traumatic ABI | Brain damage from an internal medical event | Stroke, oxygen loss (hypoxia or anoxia), meningitis or encephalitis, brain tumour, haemorrhage |
| Head injury | Injury to the scalp, skull or face, not necessarily the brain | Falls and blows on premises, struck-by incidents |
If your concern is specifically a head injury from a fall or a blow on someone else's premises, our dedicated guide to head injury accident claims in Ireland covers the Glasgow Coma Scale grading and the compensation brackets for that situation in detail.
What causes an ABI, and which claim route does each cause take?
Because an acquired brain injury can arise in so many ways, there is no single "ABI claim form" and no single process. The cause determines the legal route, the expert evidence you will need, and even which body assesses the claim first. This is the most practical thing to understand at the outset, and it is where this umbrella guide hands you to the right dedicated page.
The cause decides the route. An acquired brain injury from a road traffic accident or a fall on someone else's property is an accident claim that usually starts with the Injuries Resolution Board. An acquired brain injury caused by negligent medical care is a medical negligence claim that is exempt from the Board and issued directly in the High Court. Identifying which family your case belongs to is the first strategic decision in any acquired brain injury claim.
| How the ABI happened | Type | Where the claim goes, and our dedicated guide |
|---|---|---|
| Road traffic collision (driver, passenger, cyclist, pedestrian) | Traumatic | Road traffic accident claim via the IRB. See brain injury claims and car accident injury claims |
| Fall, or being struck, on someone else's premises | Traumatic | Public liability claim via the IRB. See head injury claims |
| Negligent surgery, anaesthetic error, delayed stroke diagnosis, untreated infection, oxygen deprivation in care | Non-traumatic | Medical negligence claim, direct to the High Court. See brain injury from medical negligence and neurology and neurosurgery negligence |
| Oxygen deprivation around the time of birth (perinatal) | Non-traumatic | A distinct birth-injury category. See hypoxic brain injury at birth |
This guide deliberately stays at umbrella level on each cause. The dedicated pages above go into the specific evidence, tests and case examples for each route, so following the relevant link will always take you to deeper, more targeted information than repeating it here would.
Why is a head injury not always a brain injury?
One of the most consequential misunderstandings in this area is the assumption that a serious-looking head injury automatically means serious brain damage, or that a clean scan means there is nothing to claim. Both can be wrong, and the distinction has real consequences for a claim.
A person can suffer a dramatic head injury, such as a depressed skull fracture or a deep scalp laceration needing many sutures, and yet have no lasting damage to the brain underneath. Equally, someone can walk away from a crash with no visible head wound at all and later show the cognitive, behavioural and personality changes of a genuine brain injury. The visible injury and the neurological injury are not the same thing. That is why expert neurological and neuropsychological evidence, not the appearance of the wound, decides the value of an acquired brain injury claim.
This is also why the so-called "invisible" effects of an ABI, such as problems with memory, concentration, planning, impulse control, fatigue and mood, are often the most disabling. In our experience handling these cases, they are also the hardest to prove. They do not show on an X-ray. They may not be obvious to someone meeting the person briefly. They are frequently challenged by the other side. Capturing them properly takes formal neuropsychological assessment and, often, evidence from family members who see the day-to-day reality.
Invisible changes worth writing down. Families are often the first to notice the effects that matter most to a claim. A simple diary of changes like these helps the medical experts and strengthens the case:
- Memory lapses, repeating questions, or losing track of conversations.
- Trouble planning, organising or finishing tasks that were once routine.
- Irritability, disinhibition, or personality and mood changes.
- Severe fatigue, or needing far more rest than before.
- Difficulty regulating body temperature, or an altered sense of time.
- Sensitivity to noise or light, headaches, or word-finding difficulty.
Can you claim? Eligibility across causes
Quick answer: You can make an acquired brain injury claim in Ireland if someone else's negligence caused or contributed to the injury, whether through an accident or substandard medical care. A claim can also be brought by a family member on behalf of an injured person who lacks the capacity to claim themselves, or on behalf of an injured child.
Whatever the cause, an acquired brain injury claim rests on the same basic foundation as any other personal injury claim in Ireland. Someone else owed a duty of care, they breached it, and that breach caused the injury. What changes from cause to cause is the standard applied and the evidence needed to prove the breach.
In an accident case, such as a road collision or a fall on unsafe premises, the question is whether the responsible party failed to take reasonable care. In a medical negligence case the test is stricter and specific. Under the long-standing Dunne principles, the question is whether no competent professional of equal standing would have acted as the treating clinician did. That is a demanding threshold, and meeting it requires independent expert medical evidence rather than simply showing that the outcome was poor. Our guide to brain injury from medical negligence explains the Dunne test in full.
A claim can also be brought on behalf of someone who cannot bring it themselves, such as a person whose brain injury has affected their capacity, or a child. In those cases a family member or other suitable person acts as the claimant's representative. That intersects with the capacity rules discussed below, which are central to serious acquired brain injury cases.
What evidence does a strong ABI claim need?
Serious acquired brain injury claims are built on expert evidence, and the quality of that evidence usually determines the outcome. Unlike a straightforward fracture, the consequences of a brain injury unfold over years and reach into every part of a person's life. The evidence therefore has to capture both the medical picture and the lifelong practical reality.
Core evidence in a serious ABI claim:
- Neurological and neuropsychological reports. These establish the nature and extent of the brain damage and its cognitive, behavioural and emotional effects, including the "invisible" deficits.
- A care needs assessment. This is a forward-looking report, usually by a senior occupational therapist or nurse, modelling the help the person will need across their whole life at current Irish rates. See our guide to care experts and life care plans.
- A capacity assessment where the injury may have affected the person's ability to make decisions.
- Vocational and actuarial evidence on lost earning capacity and the lifetime value of future losses. See vocational rehabilitation experts and actuarial evidence and multipliers.
- Liability evidence. This means medical records and independent expert opinion in clinical cases, or scene, engineering and witness evidence in accident cases.
Assembling this evidence early matters. In our experience, the families who fare best are those who get specialist advice quickly. That is partly to preserve evidence while it is fresh, and partly because, in catastrophic cases, the other side frequently challenges both the future care needs and the projected life expectancy. A well-documented case answers those challenges before they are made.
Compensation: the brackets and what really drives the figure
Compensation in Irish injury claims has two parts. General damages compensate for the pain, suffering and loss of quality of life. Special damages compensate for financial losses, both past and, crucially, future. Understanding how these two interact is the single most important thing to grasp about the value of a serious acquired brain injury claim.
General damages are assessed using the Judicial Council's Personal Injuries Guidelines, which replaced the older Book of Quantum for assessments from April 2021. The Guidelines set out brackets for brain damage by severity. The figures below are for general damages only and reflect the Guidelines as they stand in 2026. Treat them as indicative ranges, not a quote for any individual case.
At a glance: Under the Personal Injuries Guidelines, general damages for brain injury range from around €500 for a minor concussion with full recovery to up to €550,000 for the most severe brain damage. In catastrophic cases the uncapped cost of future care and lost earnings is usually far larger than the general-damages figure.
| Severity of brain damage | What it typically involves | General damages (Guidelines) |
|---|---|---|
| Most severe | Vegetative state or minimal awareness, 24-hour nursing care, permanent severe physical and cognitive limitation | Up to €550,000 |
| Severe | Conscious but wholly dependent on others, marked impairment of intellect and personality, constant care, risk of severe epilepsy | €300,000 to €400,000 |
| Moderate to severe | Not wholly dependent but needs constant care and supervision, significant personality change, greatly reduced work capacity | €200,000 to €350,000 |
| Modest to moderate | Independence retained, ability to work significantly reduced or lost, modest physical symptoms, some epilepsy risk | €120,000 to €220,000 |
| Moderate (good recovery) | Good clinical recovery but persistent problems with concentration, memory or mood that interfere with life and work | €60,000 to €140,000 |
| Minor (recovery 2 to 5 years) | Minimal permanent damage, substantial recovery over two to five years | €12,000 to €25,000 |
| Minor (recovery under 6 months) | Swift, substantial recovery, for example an uncomplicated concussion | €500 to €3,000 |
Source: Judicial Council, Personal Injuries Guidelines (Head Injury section). Brackets are indicative. The actual figure depends on the specific medical evidence in your case.
Why the headline cap understates a catastrophic claim. General damages for even the most severe brain injury are capped at €550,000. But in a genuinely catastrophic acquired brain injury case, that capped figure is usually the smaller part of the award. Special damages, which fund lifelong care, lost earnings and home adaptation, have no statutory cap, and in catastrophic cases they routinely make up the large majority of the total. That is why two cases with identical general-damages brackets can settle for very different sums, and why the future-care evidence matters more than the headline cap.
For how the larger, uncapped figure is actually built and valued, see our cluster pages on serious injury compensation amounts and the cost of future care.
What an acquired brain injury claim can cover
A serious ABI claim is rarely just about the injury itself. It is about funding a changed life. The recoverable heads of loss usually include the following.
- General damages for the pain, suffering and loss of quality of life, up to the €550,000 cap for the most severe injuries.
- Past and future care, from professional carers and nursing through to case management of the whole regime.
- Lost earnings, both already lost and the future earning capacity the injury takes away.
- Home and vehicle adaptation, such as accessible bathrooms, ramps, hoists and an adapted car.
- Aids, equipment and assistive technology, including the cost of replacing them over a lifetime.
- Therapies and treatment, such as physiotherapy, occupational therapy, speech and language therapy and neuropsychology.
- Gratuitous care, which is the value of the unpaid care provided by family members, recoverable under Irish law.
Every one of these must be proved with evidence and, where it is a future cost, valued by an actuary. That is why the care and actuarial reports described above carry so much weight.
Does a medical card or public treatment reduce your compensation? No. Using the public system does not cut your entitlement. Where the HSE has treated you, it can recover the cost of that treatment from the defendant separately, under the Health (Amendment) Act 1986. That recovery is between the HSE and the defendant. It does not come out of your award, and holding a medical card does not reduce what you can claim.
Future care, lump sums and periodic payments
In a serious acquired brain injury case, funding a lifetime of care is the heart of the claim. There are two ways an Irish court can structure that funding, and which one is right is one of the most important decisions a catastrophically injured person and their advisers face.
The traditional method is a lump sum. An actuary takes the projected annual cost of care and multiplies it across the person's expected lifetime, then applies a "discount rate" to reflect the investment return the lump sum is assumed to earn. The discount rate is decisive. A higher rate shrinks the award, and a lower rate increases it. Following the Court of Appeal's decision in Russell v HSE [2015] IECA 236, Ireland applies rates of 1% for future care costs and 1.5% for other future financial losses. In 2024 the Government confirmed those rates would be retained, with a review built in every three years (gov.ie).
The alternative is a Periodic Payment Order (PPO) under the Civil Liability (Amendment) Act 2017. This is an annual, index-linked payment for life rather than a single sum. A PPO removes two risks that a lump sum places on the injured person. It removes the risk that the money is invested badly, and the risk that they live longer than the actuary predicted. The trade-off has been how the annual payment is uprated each year, because care costs tend to rise faster than general prices. This indexation question is the main reason PPO uptake has been cautious: a court declined to approve a PPO in Hegarty v HSE [2019] IEHC 788 because price-based indexation would have left much of the projected care cost unmet, and the regulations needed to link the annual uprate to health-sector wages remain awaited as of 2026.
Myth to retire: "a lump sum is always best." For many acquired brain injury survivors with lifelong, rising care needs, a periodic payment can offer far more security than a single sum that has to last decades. There is no universal right answer. It depends on the person's circumstances, life expectancy and the structure of their care. This is a decision to take with specialist advice, not a default.
Our dedicated guides go into the mechanics. See periodic payment orders in Ireland and the cost of future care.
Capacity and Decision-Making Representation after an ABI
This is the issue most competitor guides skip, and for many families it is the most pressing one. A severe acquired brain injury can leave an adult unable to manage their own affairs, including, in time, a substantial compensation fund. Ireland's law on this changed fundamentally and recently, and getting it right is central to protecting the injured person.
Since 26 April 2023, the Assisted Decision-Making (Capacity) Act 2015 has replaced the old Wards of Court system for adults. The law now starts from the presumption that a person has capacity, and it provides graded supports where they need help. Where an adult cannot make particular decisions even with support, the court can appoint a Decision-Making Representative (DMR) to make those decisions, including managing property and a compensation award, always guided by the person's own will and preferences. The Decision Support Service oversees these arrangements (Courts Service and the Decision Support Service).
For an acquired brain injury claim, this matters in two ways. First, while proceedings are ongoing, a person who lacks the capacity to run their own case acts through a representative. Second, and longer term, where the injury permanently affects capacity, a Decision-Making Representation Order is how the law ensures the compensation is managed for the person's benefit and protected from misuse. Anyone made a ward of court under the old system is being reviewed for transfer into the new framework. This is a specialist area, and planning for it early, rather than after settlement, is part of handling a serious ABI claim properly.
Background: Courts Service and Citizens Information on the Assisted Decision-Making (Capacity) Act 2015.
The claims process in serious and catastrophic cases
The route an acquired brain injury claim follows depends on its cause, but serious cases share a common shape. Stabilise the medical position, secure interim funds where needed, build the evidence, and resolve, most often by negotiation or mediation rather than a full trial. One route point is worth stating plainly, because competitors often get it wrong. Accident-cause claims start at the Injuries Resolution Board, but medical negligence claims are exempt from the Board under the Personal Injuries Assessment Board Act 2003 and are issued directly in the High Court once expert evidence supports the case.
| Stage | Accident-cause ABI | Medical-negligence ABI |
|---|---|---|
| First formal step | Application to the Injuries Resolution Board | Exempt from the Board, issued directly in the High Court once expert evidence supports the Dunne standard |
| Interim funding | In catastrophic cases the court can approve interim payments so care and rehabilitation begin before the final figure is settled | |
| Capacity | Where capacity is affected, the claim proceeds through a representative, and a Decision-Making Representation Order may follow | |
| Resolution | Most serious claims resolve by negotiation or mediation. A lump sum or a Periodic Payment Order funds lifelong care | |
One reason early specialist involvement matters in catastrophic cases is access to interim payments. Public rehabilitation capacity in Ireland is limited, and waiting lists for services such as the National Rehabilitation Hospital can be long. An interim payment can fund timely private rehabilitation at the point it does the most good, rather than years later when the final award arrives. For where this sits in the wider catastrophic framework, see our guide to interim payments and the catastrophic injury claims hub.
How long does an acquired brain injury claim take?
There is no fixed answer, because the timeline is driven by the injury, not by the paperwork. A straightforward claim can resolve in around two years. A serious or catastrophic acquired brain injury claim often takes longer, and there are sound reasons for that.
The single biggest factor is medical stabilisation. A brain injury claim should not usually be settled until the person's long-term prognosis is reasonably clear, because settling too early risks a figure that does not meet a lifetime of need. The value of the claim depends on the future care, and the future care cannot be costed until the clinical picture has stabilised. That is why serious cases are frequently structured around interim payments and a later return to court for the final figure, rather than rushed to a single early settlement.
Several things lengthen or shorten an ABI claim. Disputed liability adds time, because the breach has to be proved before the value is even reached. The need for multiple expert reports, neurological, neuropsychological, care and actuarial, takes months to assemble. Most serious claims then resolve by negotiation or mediation rather than a full trial, which is usually faster than a contested hearing. The practical point is that a well-run serious claim is paced to the person's recovery, with interim funds keeping rehabilitation moving while the final value is established.
For the deadline to start a claim, which is a separate question from how long the claim then takes, see the time-limit section below.
What is the time limit, and when does it not run?
As a general rule, you have two years to bring a personal injury claim in Ireland. For an acquired brain injury, the more important detail is often when that clock starts and whether it runs at all.
The two-year period usually runs from the date of the injury. But where the injury or its cause was not immediately apparent, such as a delayed stroke diagnosis, it can run instead from the date of knowledge. That is when the person first knew, or ought to have known, that they had a significant injury caused by another's act. Critically for brain injury, time does not run while an adult lacks the capacity to bring a claim, and for a child injured by negligence the clock generally does not start until they turn 18. These exceptions are fact-sensitive, so the only safe course is to get advice on your specific dates early.
Because these rules interact with several other situations, we keep the detailed treatment on dedicated pages. See IRB time limits and the clock-stop rule and medical negligence time limits.
When your own actions affect the award
An acquired brain injury claim is not defeated simply because the injured person played some part in what happened, but the award can be reduced. Under section 34 of the Civil Liability Act 1961, where a person contributed to their own injury, the court reduces their compensation by a "just and equitable" amount reflecting their share of responsibility (Irish Statute Book).
In brain-injury cases this most often arises around protective equipment. A motorcyclist or cyclist not wearing a helmet, or a car occupant not wearing a seatbelt, may see a reduction, commonly in the region of a quarter, where the failure made the injury worse. The key point is that contributory negligence reduces a claim, it does not bar it. If you are worried that something you did might affect your claim, it is still worth getting advice rather than assuming you cannot recover.
Acquired brain injury in Ireland: the numbers
Ireland does not maintain a single national register of acquired brain injury, which means precise figures are hard to come by. The main support organisations make this point themselves. The estimates that do exist, taken together, show why this is such a significant area.
What the sources estimate:
- Acquired Brain Injury Ireland estimates around 19,000 new brain injuries each year in Ireland, roughly 52 people a day, with about 10,000 hospitalised with a traumatic brain injury annually and some 7,500 strokes a year. (ABI Ireland)
- Headway Ireland notes the absence of official Irish statistics and, by applying data from other countries to the Irish population, estimates 9,000 to 11,000 traumatic brain injuries and a further 8,000 strokes each year. It describes brain injury as the leading cause of death and disability in young people. (Headway Ireland)
- Both organisations stress that ABI is often a "hidden disability". Its cognitive and behavioural effects are real but not externally visible, which compounds the challenge for families and, in claims, the challenge of proving the injury's true impact.
These are estimates rather than official counts, and we cite them as such. What they make clear is that acquired brain injury affects a large number of people and families in Ireland every year, and that a great many of those injuries carry long-term consequences. Those consequences are exactly what future-care planning in a claim is designed to fund.
Support organisations
Whatever stage you are at, specialist support outside the legal process can make a real difference to recovery and to family life. These Irish organisations provide rehabilitation, community services and family support, and a compensation claim can help fund the care they identify.
- Acquired Brain Injury Ireland provides community-based neuro-rehabilitation and support services.
- Headway Ireland provides rehabilitation, counselling and family support after brain injury.
- National Rehabilitation Hospital provides specialist inpatient and outpatient rehabilitation.
Practical next steps
If you or a family member has an acquired brain injury that may have been caused by someone else, a few early steps protect both the person and any future claim.
- Prioritise medical care and rehabilitation. The clinical record is also the foundation of the claim.
- Keep records. Hold on to medical reports, a note of what happened, and receipts for any costs already incurred.
- Address capacity early where the injury affects decision-making. It shapes who can act and how the award is protected.
- Get specialist advice promptly to preserve evidence, protect time limits, and consider interim funding for rehabilitation.
Speak to a solicitor about an acquired brain injury claim. As personal injury solicitors in Dublin, we help injured people and families across Ireland understand the route their case takes, the evidence it needs, and the future-care and capacity issues that matter most in serious cases. For a free, no-obligation discussion of your situation and future care needs, call 01 903 6408 or request a callback. No in-person meeting is needed, and we act for clients nationwide.
Common questions
What counts as an acquired brain injury?
Any brain damage that happens after birth and is not genetic, congenital or degenerative. It includes traumatic causes such as crashes, falls and assaults. It also includes non-traumatic causes such as stroke, oxygen loss, infection and tumour. Conditions a person was born with are not acquired brain injuries.
Why it matters: The cause decides which legal route your claim takes.
Next step: See the causes and routes section above.
Is a traumatic brain injury the same as an acquired brain injury?
A traumatic brain injury is one type of acquired brain injury, the type caused by external force. "Acquired brain injury" is the wider umbrella that also covers non-traumatic causes such as stroke and oxygen loss.
Why it matters: Using the right term points you to the right guide and the right claim route.
Next step: Compare the terms in the difference table.
How much compensation can you get for a brain injury in Ireland?
General damages for the most severe brain damage reach up to €550,000 under the Personal Injuries Guidelines, with lower brackets for less severe injuries. In catastrophic cases the much larger part of the award is the uncapped cost of future care and lost earnings.
Why it matters: The headline cap understates what a catastrophic claim is actually worth.
Next step: See serious injury compensation amounts.
What is the time limit for an acquired brain injury claim?
Generally two years, running from the injury or from the date you knew of it. Time does not run while an adult lacks the capacity to claim, and for an injured child it generally starts only at age 18. These rules are fact-sensitive.
Why it matters: Missing the deadline can end an otherwise strong claim.
Next step: See IRB time limits.
Who manages the compensation if the injured person cannot?
Since April 2023 the Wards of Court system for adults has been replaced. Where an adult cannot manage their affairs, the court can appoint a Decision-Making Representative under the Assisted Decision-Making (Capacity) Act 2015 to manage decisions and the compensation fund, guided by the person's own wishes.
Why it matters: It is how a catastrophic award is protected for the injured person.
Next step: See the capacity section above.
Does an acquired brain injury claim go through the Injuries Resolution Board?
It depends on the cause. Accident-related brain injuries from road or public liability incidents usually start at the Board. Brain injuries caused by medical negligence are exempt and are issued directly in the High Court once expert evidence supports the claim.
Why it matters: The two routes have different first steps and timelines.
Next step: See the claims process section.
Can you claim for a brain injury caused by a stroke or oxygen loss?
Yes, where negligence caused or worsened it. A delayed or missed stroke diagnosis, or a loss of oxygen during medical care, can found a medical negligence claim if the care fell below the Dunne standard. These are non-traumatic acquired brain injuries, and they go directly to the High Court rather than the Injuries Resolution Board.
Why it matters: Many people assume only a physical blow can be claimed for, which is wrong.
Next step: See neurology and neurosurgery negligence.
Can a family member bring a claim for an injured relative who cannot?
Yes. Where an adult lacks the capacity to run their own case, or where the injured person is a child, a suitable person acts as their representative in the proceedings. If the injury permanently affects capacity, the court can also appoint a Decision-Making Representative to manage the award afterwards.
Why it matters: Families often do not realise they can act on a relative's behalf.
Next step: See the capacity and representation section.
How long does an acquired brain injury claim take in Ireland?
There is no fixed answer. A straightforward claim can resolve in around two years, while a serious or catastrophic case often takes longer. The main reason is that the claim should not usually be settled until the long-term prognosis is clear, so the future care can be costed accurately. Serious cases are often structured with interim payments and a later return to court.
Why it matters: Settling before the prognosis is stable risks a figure that will not last a lifetime.
Next step: See the timeline section above.
Do you need a solicitor for a brain injury claim?
It is not a legal requirement, but serious acquired brain injury claims turn on complex medical, care and capacity evidence, and on strict deadlines. Most families instruct a specialist solicitor to avoid mistakes that can reduce or defeat a valid claim.
Why it matters: The evidence and capacity issues are difficult to handle alone.
Next step: Call 01 903 6408 or request a callback.
This is general legal information, not legal advice. Every case depends on its own facts, and time limits are fact-sensitive. Consult a qualified solicitor for advice on your situation. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today
