This page has been reviewed by Kerry Splatt, Principal Lawyer and QLD Accredited Specialist Personal Injury Lawyer since 1998.
Expert brain injury lawyers QLD offer legal advice on a 100% no-win, no-fee basis to those who have suffered a traumatic or acquired brain injury caused by someone else’s negligence.
The Accredited Specialist compensation team at Splatt Lawyers offers QLD-wide free initial advice to assess your right to claim compensation.
Brain injuries are among the most serious and life-altering personal injuries a person can experience. They affect your ability to work, care for yourself, and maintain relationships. Our Queensland brain lawyers help you understand:
Our brain injury compensation lawyers offer free, no-obligation consultation for head and brain injury personal injury claims, across Queensland. From Cairns to Coolangatta and the Bowen Basin to Brisbane CBD, you can access Accredited Specialist legal services with a 100% no-financial-risk guarantee.
We cover outlays until settlement, with no upfront costs or uplift fees. Pay when you win, and zero if you lose. Call 1800 700 125 or check if you have a valid claim.
Kerry Splatt, QLS Accredited Specialist Personal Injury Lawyer Since 1998
Our 100% No-Risk Guarantee Means We Cover All Legal Costs and Outlays Until Settlement
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You can be eligible to claim compensation for head and brain injuries in accidents caused by the negligence or another person or party. Even if you helped cause the damages, you could still be eligible to make an injury compensation claim (this is called contributory negligence).
Depending on how the accident happened, your legal rights are covered by one or more of the following personal injury laws.
| Type of Claim | Main Legislation |
|---|---|
| Public Liability | Personal Injuries Proceedings Act 2002 (PIPA); Civil Liability Act 2003 |
| Medical Negligence | PIPA; Civil Liability Act 2003 |
| Motor Vehicle Accidents (CTP) | Motor Accident Insurance Act 1994 |
| WorkCover Statutory Benefits | Workers' Compensation and Rehabilitation Act 2003 (WCRA) |
| Work Injury Common Law Payout | WCRA; Civil Liability Act 2003 |
| Dependency/Fatal Accident Claims | Civil Proceedings Act 2011; Succession Act 1981 |
| Product Liability (Defective Goods) | Australian Consumer Law (Cth), Competition and Consumer Act 2010 |
| Permanent Disability Claims | Multiple, incl: Insurance Contracts Act 1984 |
Our serious brain injury legal team can help you understand which personal injury laws apply to your situation and your eligibility for one or more claims. Early legal advice can help protect valuable evidence and obtain medical documentation following a brain injury. Call 1800 700 125
The right claim pathway depends on how your injury occurred. Read on to understand your options.
Our brain injury compensation lawyers explain the legal process and your rights.
Our QLD brain injury lawyers work with the guidance of a Queensland Accredited Specialist in Personal Injury Law since 1998, Kerry Splatt. Kerry Splatt (also known as Keiron Michael Splatt) has held Accredited Specialist status in Personal Injury Law with the Queensland Law Society since 1998. You can verify Kerry’s accreditation directly on the QLS Register of Solicitors.
Less than 4% of Queensland lawyers hold this qualification. Those who do have demonstrated expert knowledge and expertise in handling both mild and severe traumatic brain injury cases.
Serious brain injuries are far more common than most people realise. According to the Australian Institute of Health and Welfare (AIHW), in 2020–21 there were:
Brain Injury Australia estimates more than 450,000 Australians are currently living with the effects of a brain injury. That is roughly 1 in every 45 people, with three-quarters aged under 65.
Closer to home, Clinical Excellence Queensland’s 2025 service model estimates more than 11,000 Queenslanders acquire a brain injury each year, with approximately 4,000 developing serious, lasting disability.
Among hospitalised TBI cases nationally, falls account for 39% of injuries, transport crashes 31%, and assault 12%. Concussion is the most common diagnosis, recorded in 74% of cases.
These figures help explain why brain injury compensation claims are among the most complex and consequential personal injury matters in Queensland.
Our traumatic brain injury lawyers in Queensland assist clients with advice for a range of brain and head injury claims, including the following:
A traumatic brain injury occurs when an external force strikes the head, causing the brain to move against the inner skull. This includes concussion, contusion, and diffuse axonal injury. Even a “mild” TBI can produce persistent symptoms that affect work and daily life.
Many people are told their scans are “normal” after a concussion. A normal scan does not mean you are not eligible for a compensation claim.
What matters legally is the functional impact on your life, your ability to work, and your ongoing care needs.
There are many ways you can slip and fall and hit your head. Public place accidents can happen inside a shopping centre, while walking on a footpath, because of an assault, and in many other circumstances. Ask our personal injury lawyers for public liability claim advice to understand who is liable for your damage.
Important: If you have persistent headaches, memory problems, sensitivity to light or noise, mood changes, or difficulty concentrating after a head impact, you have the right to seek advice from a lawyer. Symptoms that persist beyond a few weeks may have significant legal implications.
The correct legal pathway for a head or brain injury claim depends on how your accident occurred. In Queensland, there are three main types.
| Accident Type | Claim Pathway | Who Administers the Claim |
|---|---|---|
| Road Accident | CTP (Compulsory Third Party) Claim | CTP insurer of the at-fault vehicle |
| Workplace accident or work travel | WorkCover statutory claim + possible common law damages | WorkCover Queensland |
| Public place, assault, or other negligence | Public liability claim | Property owner's liability insurer |
If a car, truck, motorcycle, bicycle, or pedestrian accident caused your head or brain injury, you may be eligible to make a CTP claim against the at-fault driver’s insurer. This covers drivers, passengers, pedestrians, and cyclists.
The common types of road traffic accident trauma include:
A workplace accident, a fall on a worksite, or an injury during work-related travel can support both a WorkCover statutory claim and a common law damages claim for employer negligence. Our brain injury lawyers can advise which applies and whether you can pursue both.
Head injuries at work often happen due to the following:
Falls in shopping centres, on footpaths, or in public spaces; assaults; and professional negligence can all cause brain injuries. If another party’s negligence was responsible, a public liability claim may be available.
Ask our personal injury lawyers for public liability claim advice to understand who is liable for your damage.
Motor cycle riders travel at speed without the protection of a vehicle around them. If they leave their bike due to a sudden impact, a helmet provides limited protection against a firm and sudden force on the head.
However your accident occurred, a motorcycle accident lawyer can explain your rights.
Medical negligence can cause or worse severe traumatic brain injuries. Such injuries can happen when healthcare professionals fail to provide the standard of care expected, resulting in harm to the patient. Typical scenarios include surgical errors, misdiagnosis, delayed treatment, or improper administration of anaesthesia.
Note: Splatt Lawyers do not provide advice for medical negligence claims.
If your brain injury permanently prevents you from working in your usual occupation, you may also be entitled to access Total and Permanent Disability (TPD) benefits through your superannuation policy, separate from any compensation claim.
Our TPD claim lawyers can help you determine your eligibility to receive a TPD payout.
Time limits are strict and vary by claim type. Missing a deadline can end your right to claim.
The table below is a general guide only. Exceptions apply. Always seek legal advice promptly.
| Claim Type | Notice/ Initial Step Deadline | Court Limitation Period |
|---|---|---|
| CTP (motor vehicle) | 9 months from the accident or 1st symptoms, or 1 month from first lawyer meeting (whichever is earliest) | 3 years from the accident date |
| WorkCover statutory | Within 6 months of a doctor assessing your work incapacity (WorkCover advises within 20 business days) | Separate procedural requirements apply |
| Workplace common law | Several procedural steps required | 3 years to start court proceedings |
| Public liability | 9 months from the injury or 1st symptoms or 1 month after instruction a lawyer | 3 years to sue for damages |
| Victim assist (assault) | 3 years from the act of violence | Discretionary extension may apply |
If you are unsure whether your deadline has passed, a free consultation can confirm if you have a valid case. In some circumstances, time limits can be extended. A brain injury compensation lawyer can advise whether an exception may apply to your situation.
Brain injury can also affect a person’s ability to manage their own legal affairs. Special rules may apply for people who lack legal capacity. Do not assume a deadline has automatically paused.
Brain injury compensation in Queensland accounts for both the financial and personal impact of your injury. A successful claim may cover both past and future economic losses, including:
The value of a brain injury claim depends on the severity of the injury, its impact on your ability to work, and your long-term care and support needs. There is no average payout. Each case is assessed on its own facts.
Compensation calculations consider how much your predicted life path has altered before and after the incident, including future losses incurred by:
Splatt Lawyers operates on a 100% no-win, no-fee basis. You pay nothing upfront. We fund professional assessments and medical reports. You only pay if you win, and our fees are capped under Queensland’s Legal Profession Act.
General damages is the non-economic component of a personal injury claim in Queensland. The Injury Scale Value (ISV) system is used to assess the severity of an injury on a scale of 0 to 100. Each point corresponds to a compensation range for general damages. The compensation amounts are update annually by the Queensland Government. Here is an extract from that table.
| Brain Injury Severity | ISV Range | General Damages Payout (2025/2026) |
|---|---|---|
| Extreme brain injury with substantial insight remaining | 71 - 100 | $294,390 - $478,105 |
| Extreme brain injury with partial or complete insight | 36 - 70 | $111,575 - $288,405 |
| Extreme brain injury with infrequent periods of partial insight | 16 - 35 | $37,340 - $106,970 |
| Serious brain injury | 56 - 70 | $211,060 - $288,405 |
| Moderate brain injury | 21 - 55 | $52,935 - $205,795 |
| Minor brain injury | 6 - 20 | $11,750 - $49,485 |
Case studies from Queensland Court Judgments
Dennison v Brisbane City Council – Supreme Court at Brisbane
The claimant was riding his bike when he crashed into a mesh-like barrier installed by Brisbane City Council surrounding a new concrete footpath beside Zillmere Road at Aspley. He was catapulted from his bicycle and his left eye was impaled on a metal spike which caused vision loss with fractured skull, brain damage that later developed into dementia.
The brain injury was the dominant injury, classified under Item 7 – Moderate brain injury, with an ISV range of 21-55.
| Component | Amount / outcome |
| Damages adopted from the trial assessment | $675,926.77 |
| Additional interest to the date of judgment | To be agreed or determined by the trial judge |
| Trial costs | Payable by Council; not quantified |
| Appeal costs | Payable by Council; not quantified |
| Total damages and interest | $675,926.77 plus unquantified interest |
Allen v O’Donnell – Supreme Court of Queensland
The claimant worked as a workplace health and safety manager at James Cook University in Townsville. He was in his car taking his three children to Brisbane (with an overnight stay in Rockhampton) when he smashed head-on at high speed into another car that crossed the centre line of the Gateway Motorway. The other driver had already admitted to being at fault in the accident.
The maximum dominant ISV of 40 was inadequate to reflect the combined impact, so the court applied a 10% uplift to a final ISV of 44, producing general damages of $109,640. The uplift was the multiple-injury assessment — individual ISVs are not added together.
Total settlement: $2,499,399.69
| Injury | Item | Standalone ISV |
| Psychiatric injury, PIRS 17% | 11 | 20 |
| Traumatic brain injury | 8 | 8 |
| Facial injury | 16 | 13 |
| Cervical spine | 88 | 9 |
| Lumbar spine | 93 | 8 |
| Left shoulder | 97 | 6 |
| Chest, rib fractures | 38 | 14 |
| Left hip | ||
| Knees | 139 | 8 |
| Scarring | 155.3 | 8 |
Walker v Greenmountain Food Processing
The claimant worked as a maintenance manager at a meatworks near Coominya. He was driving home one day after work when he noticed steam escaping from the plant’s boiler. He fell through an alsynite panel while stepping onto the roof on a shed to investigate what was causing the leak. The seven metre drop onto a concrete floor caused multiples injuries including brain damage with neck fracture and well as wrist, thumb and knee injuries.
| Head of Damage | Amount |
| General damages (ISV 50) | $128,050.00 |
| Past economic loss | $39,784.25 |
| Past superannuation | $3,779.50 |
| Interest on past economic loss | $465.77 |
| Fox v Wood | $8,274.82 |
| Future special damages | $37,910.00 |
| Future economic loss | $716,061.00 |
| Future loss of superannuation | $85,927.32 |
| Past special damages | $10,000.00 |
| Interest on past special damages | $16.00 |
| Past gratuitous care and assistance | $43,975.00 |
| Future gratuitous care and assistance | $71,407.00 |
| Gross damages, before refund | $1,161,079.00 |
| Less WorkCover refund | -$193,695.61 |
| Judgment sum | $967,383.39 |
To have a successful brain trauma compensation claim, you must show the following:
Evenly if you are partly at fault for your incident, you can still have a successful case, including circumstances like:
If you have had an impact on your head and brain, you should seek a medical evaluation as soon as possible. Some brain injuries take hours or days to develop, so you may have no immediate symptoms. Some common symptoms include:
Brain injury claims are more complex than most personal injury matters. The injury’s effects can be delayed, progressive, or disputed by insurers. Our role is to manage that complexity so you can focus on recovery.
The brain injury legal team at Splatt Lawyers, our Queensland brain will help you:
We also assist family members and representatives where a brain injury has affected the injured person’s ability to manage their own affairs.
Your initial consultation is free. There are no upfront costs. You only pay if you win.
Splatt Lawyers advises on a 100% no win, no fee basis, which means you have no financial risk. Call 1800 700 125 or request a free case review online.
Our serious injury legal team has experience with catastrophic and complex brain injury matters across Queensland.
We can also consult with you by phone, or visit you at home or in hospital if you are unable to travel.
| Region | Location |
|---|---|
| South-East QLD | Brisbane, Gold Coast, Logan, Ipswich, Caboolture |
| Sunshine Coast | Sunshine Coast |
| Darling Downs | Toowoomba |
| Wide Bay | Bundaberg |
| Central QLD | Rockhampton |
| North QLD | Townsville, Cairns |
Phone and video consultations are available for clients across Queensland.
No. If you have had a head impact and are experiencing symptoms, a lawyer can assess your situation before a formal diagnosis is confirmed. Early legal advice can help preserve evidence and protect your claim.
Yes, in some cases. A normal scan does not automatically rule out a brain injury or a compensation claim. The functional impact of your injury on your work, daily life, and care needs is legally relevant. Persistent symptoms should be assessed clinically and legally.
It depends on the circumstances. A road accident generally involves a CTP claim. A workplace injury may involve WorkCover and possibly a common law claim. A lawyer will identify the correct pathway based on the facts of your case.
It can take from 18 months to four years to get receive a brain injury settlement, but straightforward cases for mild injuries can resolve in 12 months.
Time limits vary by claim type and can be as short as 9 months for the initial notice requirement. See the time limits table above for a general guide. Seek legal advice as soon as possible, as missing a deadline can end your right to claim.
Bring whatever you have available: any incident or accident reports, medical records or referrals, details of your employer or the other party involved, and notes about how your injury has affected your work and daily life. If you have nothing yet, that is fine. Our lawyers can advise on what to gather.
Yes. We regularly assist family members, carers, and legal representatives where the injured person is unable to manage their own affairs due to the severity of their brain injury.
These are the average recovery stages and times for severe traumatic brain injury:
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