If you’ve been in an accident and injured your head or brain, you may be entitled to claim significant financial compensation. Head and brain injuries can be serious, which means you may be eligible to claim lump sum compensation on top of personal injury benefits.
If you’re considering making a brain injury compensation claim, understanding your entitlements is crucial. Lump sums are not paid to you automatically; you need to apply for them separately. Our experience with these claims has shown many people are unaware of this, and risk missing out on significant entitlements.
This guide covers everything you need to know about compensation for head and brain injuries, and how to claim all of your benefits and lump sum entitlements.
A brain injury compensation claim is a legal process that allows you to seek financial support after suffering a head or brain injury caused by an accident, often as a result of someone else’s negligence.
These claims can be more complex than other injury claims because brain injuries can have delayed symptoms and long-term effects that aren’t immediately obvious. What seems like a minor bump to the head can develop into serious cognitive, emotional, or physical problems over time. That’s why it’s crucial to have your injuries properly assessed by doctors who understand the claim process, so nothing gets missed.
In our experience, we’ve found the majority of brain injury claims are for motor vehicle accidents. However, compensation is also available for accidents in the workplace, or accidents in public places that are caused by negligence.
In this article, we focus on car accident head and brain injury claims in NSW. For more information on work accidents, read our workers compensation payout guide. Or if your injury happened in a public place like a shopping centre, learn more about claiming compensation in our public liability claims guide.
A specialist lawyer will review your circumstances and tell you how much you can claim.
We’ve helped clients with a range of head and brain injuries to claim compensation – here are the most common injuries we come across:
Cuts and tears on the face and head can be caused by impact, sharp objects, or trauma to the head. These types of injuries are generally considered minor as they can heal quickly, but there’s potential for infections or other injuries to make them more severe.
A concussion can be caused by a sharp jolt or force to the head and is a form of soft tissue injury that affects the brain. Concussions usually heal within two weeks but can cause ongoing problems and put you at risk of being in other dangerous situations, like falling over due to lost balance.
A contusion is generally caused by a blow to the head that causes internal bruising, bleeding, and swelling, but doesn’t break the skin.
A haematoma is when blood clots in places that it shouldn’t, and it can happen directly under your skin, between the brain and its outermost layers, or between the skull and the brain.
A haemorrhage is bleeding within the skull, which can put pressure on the brain and cause serious and long-term consequences.
A penetrating TBI is caused when something like broken glass, airbag force, or crash material pierces your skull and enters the brain. Traumatic brain injury compensation claims typically result in higher payouts because these injuries cause long-term cognitive, physical, and emotional impairments.
Fractured bones in the neck or skull can be serious and may require surgery and other medical interventions.
Injuries that seem minor can become more serious, and a combination of injuries can make your claim more complex. While you may feel physically fine, head and brain injuries can develop slowly and you must seek medical treatment if you suffer any of these symptoms:
For motor accident head injury claims in NSW, the CTP scheme divides injuries into two categories: threshold (minor) injuries, and non-threshold (serious) injuries. Your head injuries must be assessed correctly, as even one missed detail can mean you can’t claim all the compensation you’re entitled to. Read on to find out how to make sure you don’t miss out on anything you’re eligible to claim.
The compensation you can claim after a car accident will depend on how your head injuries are classified; either threshold (minor) or non- threshold (non-minor). Threshold injuries are “soft-tissue” injuries like whiplash or concussion; non-threshold injuries are more serious injuries like spinal or skull fractures or traumatic brain injuries (TBIs). If your injuries are classified as non-threshold and the accident wasn’t your fault, then it’s very likely that you can claim a lump sum.
| Physical injury classification | Examples of head and brain injuries |
| Threshold (soft tissue injuries) | Whiplash Contusion Minor lacerations (cuts) Haematoma |
| Non-threshold (fractures, brain damage) | Bone or skull fractures Haemorrhage Penetrative TBI |
Your injuries will need to be assessed by a GP, and your injury classification will determine what you’re entitled to claim. However, not all GPs are familiar with the head injury claim process, and they might not document details that seem minor at the time but are critical to your overall assessment.
Our experienced compensation lawyers for head and brain injury claims can refer you to doctors who are also familiar with these claims. Our team will make sure that all relevant injuries are included in your assessment so that you don’t miss out on anything you’re entitled to.
If you have a head or brain injury and you make a claim for compensation, you need to apply separately for ‘personal injury benefits’ and any lump sums you’re entitled to. Here’s an outline of how personal injury benefits are paid for motor accident claims in NSW through the CTP scheme:
| CTP Benefit | CTP Compensation Payment Process |
|---|---|
| Medical and treatment expenses |
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| Care expenses |
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| Income support payments |
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Get startedYou can claim a lump sum payout on top of your personal injury benefits if you meet the following conditions:
If your whole person impairment (WPI) has been assessed as over 10% you can claim non-economic loss (known as pain and suffering) in addition to past and future economic loss.
| Lump sum payment | Description |
|---|---|
| Future income loss | Covers your loss of earnings or reduced ability to earn income due to your injuries right up until the date of retirement. For example: if you can only work 20 hours a week because of your injuries, and you used to work 40 hours, your lump sum could claim the 20 hours a week in lost earnings for the rest of your working life. |
| Non-economic loss | Covers your loss oof enjoyment of life. Only a person with a whole person impairment of more than 10% can claim non-economic loss as well as income loss. |
For more information about claiming a head or brain injury lump sum settlement, call 131515 for free advice over the phone, or see our guide to lump sum CTP payments.
It’s important to understand that your head or brain injury car accident settlement will depend on the extent of your injuries and losses (such as lost income). For traumatic brain injury compensation, settlements often exceed the average because of the severity and long-term impact. To get an indication of your CTP payout amount, you can use this CTP calculator.
*Based on SIRA Open Data, January 2026
Even if you’re at fault, or mostly at fault for an accident, you can make a claim for your car accident head injury. Your personal injury benefits will be restricted to lost income, treatment, and care expenses for a maximum of 52 weeks after the accident, or 26 weeks if your accident happened before April 1, 2023.
If you were at fault and have caused injury to someone else, the injured party may claim personal injury benefits under your vehicle’s CTP insurance policy. You should provide the other driver with your CTP insurance information.
Once you’ve submitted your claim it will be reviewed by the insurer, and they’ll send you a letter within four weeks to tell you whether they’re accepting or denying the claim. The insurer will start making payments within 14 days of accepting your claim.
The insurer will then send you a second liability decision within nine months of your claim being lodged. This liability decision will indicate whether your injuries have been classified as threshold or non-threshold injuries, and who is at fault for the accident.
Delayed symptoms are common with brain injuries and can still form part of your compensation claim. It’s critical to see a doctor immediately and document these symptoms, as they may indicate a more serious injury that wasn’t initially apparent. Our lawyers can help ensure these delayed symptoms are properly assessed and included in your claim, so you don’t miss out on compensation you’re entitled to.
Yes, absolutely. You don’t need to have blacked out to have suffered a brain injury, and many serious brain injuries occur without loss of consciousness. What matters is how the injury affects your life, including symptoms like memory problems, headaches, balance issues, or cognitive difficulties. We’ll make sure your injuries are properly assessed by doctors who understand brain injury claims.
Yes, if you were injured in an accident involving a motor vehicle, whether you were a passenger, cyclist, pedestrian, or motorcyclist, you can claim compensation under the NSW CTP scheme. The process is the same, and you’re entitled to personal injury benefits and potentially a lump sum regardless of who was driving. We’ve helped many cyclists and passengers secure full compensation for their brain injuries.
Compensation varies significantly based on how your injury affects your life, your lost income, and your ongoing treatment needs. While the average NSW motor accident claim pays around $118,000, brain injury settlements are often higher because of their serious and long-lasting impact. The best way to understand your potential payout is to speak with one of our specialist lawyers who can assess your specific circumstances.
Insurers sometimes classify injuries as “threshold” (minor) when they should be “non-threshold” (serious), which can significantly reduce your entitlements. This is why it’s so important to have your injuries assessed by doctors experienced in brain injury claims; not all GPs will document the details that matter for your claim. We work with medical professionals who understand what insurers look for, ensuring your injuries are properly classified so you receive everything you’re entitled to.
Personal injury benefits cover your immediate needs, including medical treatment, care expenses, and weekly income payments while you recover. A lump sum payout is separate compensation for long-term impacts like future income loss and reduced quality of life, but you must apply for it separately and meet specific criteria. Many people don’t realise they need to claim both, which is why working with an experienced lawyer ensures you don’t miss out on significant entitlements.
Don’t accept the insurer’s decision without getting legal advice. Insurers sometimes deny claims or stop payments prematurely, especially with brain injuries that are harder to prove. We can review your case, gather additional medical evidence, and challenge the insurer’s decision to make sure you receive what you’re entitled to. Our no win, no fee guarantee means there’s no financial risk in getting expert help.
Yes, if your injury was caused by an accident involving a motor vehicle, you may be entitled to claim compensation for your injuries. You can get free advice on what you can claim by talking to one of our bicycle accident lawyers.
The motor accident injury claim process in NSW is designed so that you can submit your own claim. For more information about the step-by-step process, see our article on how to lodge a claim.
However, it’s important to understand that compensation claims for head or brain injuries can be significant, and even if you’re not using a lawyer, the insurer will have lawyers on its side. Your best chance of making a successful compensation claim is to seek advice from one of our lawyers with experience in brain injury claims. Our specialist lawyers will make sure your injuries are properly assessed through our network of doctors, to make sure you receive your full entitlements.
You can get help with your claim by contacting a specialist lawyer on 131515. At Law Partners, we’ve helped thousands of Australians with head or brain injuries to claim compensation, including lump sums that they may not have been aware of. We win over 99% of our cases and we operate on a no win, no fee basis. Law Partners has specialist car accident lawyers based in Sydney and Melbourne ready to help.
Tanja Maksimovic
Partner
An accredited specialist in personal injury law, backed by over 10 years’ experience in assisting injured Australians receive everything they’re entitled to with their motor accident claim.
Our senior lawyers will assess your case for free.
