A head injury claim in Ireland may be possible where another person’s negligence or breach of duty caused or contributed to the injury. The evidence must establish responsibility, connect the incident with the injury and explain its consequences. A diagnosis alone does not establish liability.
This guide covers head injuries, including concussion, following accidents. It explains the records that help distinguish an initial injury from its continuing effects on work, independence and family life. Sources checked: 14 November 2026.
When does a head injury need urgent medical attention?
Medical assessment comes before gathering claim evidence. The HSE’s head injury guidance says to call 112 or 999 for emergency signs including a person not waking after being knocked out, difficulty staying awake or a seizure. It advises attending an emergency department for signs including vomiting, memory or thinking problems, or being knocked out and then waking.
These are examples, not the complete warning-sign list. Follow the linked HSE guidance and seek medical help when needed. This article cannot diagnose concussion or assess whether someone is safe to remain at home.
What must a head injury claim prove?
The investigation needs evidence of what went wrong, who was responsible and how that failure caused the injury. Different incidents require different enquiries.
A road collision may involve vehicle details, witness accounts and collision footage. A workplace incident may require the task instructions, equipment records and training history. A fall may require evidence of the hazard, its location and how it was managed. Preserve available evidence promptly; our personal injury evidence guide explains practical steps.
Where the allegation concerns missed diagnosis or inappropriate treatment, specialist evidence must address the standard of care and whether the failure caused additional harm. Our medical negligence guide explains that separate investigation.
Can you claim for concussion without losing consciousness?
Losing consciousness is not the legal test for whether a claim succeeds. Responsibility, medical evidence and the effects of the injury must still be established. Do not use unconsciousness, hospital admission or a visible wound as a shortcut for valuing a claim.
Tell the treating clinician accurately what happened and what changed afterwards. Record symptoms, improvement and difficulties without diagnosing yourself. If someone else saw the incident or noticed changes, identify what they personally observed. Separate your recollection from information others supplied, especially where there is a memory gap.
What evidence helps explain the effect on everyday life?
Specific dated examples are more useful than describing every day as either normal or impossible. Medical records establish the clinical picture; practical records help explain the activities affected and the support actually needed.
| Area | Useful record | What to distinguish |
|---|---|---|
| Incident and early treatment | Incident account, witnesses, ambulance or hospital details, discharge advice. | What you remember, what someone witnessed and what the records say. |
| Concentration and memory | Dated examples of missed tasks, reminders or difficulty following instructions. | A new difficulty, a previous difficulty and any improvement. |
| Daily activities | Tasks attempted, breaks needed and help with shopping, meals or appointments. | Assistance actually provided versus help that might be needed later. |
| Work or education | Absence dates, changed hours, adjustments, feedback and attempts to return. | Being present versus managing the usual duties or workload. |
| Rehabilitation | Referrals, recommendations, attendance, goals and progress reports. | Clinical recommendations versus an unassessed preference. |
| Expenses and care | Receipts, travel records and a factual diary of assistance. | Injury-related costs, ordinary expenditure and amounts paid by others. |
Keep entries proportionate and factual. Preserve original documents and identify uncertainties. A diary supports the investigation; it does not replace medical assessment or prove that every difficulty was caused by the accident.
How should you build a useful timeline?
Use one chronology linking the incident, treatment, changing symptoms and practical consequences. Start with the accident date, then add each consultation, referral, period off work and attempted return.
Note when a difficulty first appeared, when you reported it and what advice followed. Include recovery and days when activities were manageable, not only setbacks. Record relevant earlier conditions honestly. This helps clinicians and legal advisers examine causation and avoids an account assembled only from the worst days.
Does a head injury claim go through the Injuries Resolution Board?
Ordinary accident claims generally require the Board process before court proceedings; claims arising from medical treatment fall outside its statutory scope. The distinction comes from section 3 of the 2003 Act. Receiving hospital treatment after an accident does not itself turn the accident claim into medical negligence.
The Board’s assessment guidance requires an application, a treating doctor’s medical report and the application fee. It considers medical evidence and supported financial losses. Our Injuries Resolution Board guide explains mediation, assessment and authorisation.
An uncertain recovery does not automatically rule out the Board. Section 49A provides for further medical examination where long-term prognosis is awaited, with specified consent stages. Do not wait for complete recovery before getting advice about deadlines.
How much compensation can you claim for a head injury?
There is no reliable average payout for an individual head injury or concussion claim. The medical findings, duration and consequences matter. General damages address pain and suffering; supported financial losses require separate assessment.
The Board’s current Guidelines page, checked on 14 November 2026, confirms that the 2021 Personal Injuries Guidelines remain operative and draft amendments are not yet effective. An online figure may come from an older compensation framework or concern a very different injury.
Our personal injury calculator provides general-damages information. It cannot determine liability, select your medical category or calculate future care and earnings losses. An offer needs assessment against the evidence and prognosis, rather than comparison with a headline settlement.
What if you return to work but still need help?
A return to work does not necessarily mean every effect has ended. Keep records of reduced hours, different duties, support and pay changes. Future earnings or care claims need evidence of the injury-related need, duration and cost, without double counting.
The National Rehabilitation Hospital’s brain injury programme includes rehabilitation focused on independence, community participation and vocational needs. Suitability and access depend on clinical assessment. Follow clinical advice about returning to activities; legal evidence gathering is not a rehabilitation plan.
If relatives assist, record the tasks and time involved. Do not assume every family activity is recoverable care. Our special damages checklist helps organise supporting records.
What deadlines apply, including for children or impaired capacity?
The usual personal injury period is two years from accrual or later statutory knowledge, subject to exceptions. Section 3 of the 1991 Act sets that rule. A later diagnosis does not automatically restart time.
Section 2 defines knowledge by reference to the significant injury, its attribution and the defendant’s identity; knowing that conduct was legally negligent is not required. It can include facts reasonably obtainable through appropriate advice, subject to statutory protections. These include facts a person failed to acquire because of the injury. Disability provisions can affect children and people within the relevant legal test. Concussion or memory difficulty alone does not establish that test.
If a person cannot manage decisions about a claim, obtain advice about appropriate support or representation. A relative should not assume authority to settle it. Do not postpone a child’s investigation merely because a different limitation calculation may apply.
Under section 50, the period from a valid Board application until six months after authorisation is disregarded for respondents named in that application. For a later-added respondent, the disregarded period starts when that respondent is added. This does not grant a fresh two years. The separate one-month written-notice rule runs from accrual or later knowledge. Unexcused failure can affect inferences and costs, without automatically extinguishing the claim.
What should you bring to an initial discussion?
Bring your timeline, available medical documents, incident details, expense records and any offer received. Identify missing information rather than guessing. Lalloo Solicitors can assess the route, deadlines and evidence needed. This is general information, not advice on an individual claim.
