A brain injury can affect everyone in a family. Changes in memory or behaviour may be invisible but still disrupt everyday life. Relatives may need to arrange rehabilitation and care, manage finances and establish who can make decisions. If negligence caused the accident, compensation may help fund essential ongoing support. Families also need clear information about how recovery can change over time and where to seek help.
How a brain injury can change someone
No two brain injuries have identical effects. Families may notice profound fatigue, difficulties with memory or concentration, and problems planning, starting or completing familiar tasks. Others experience headaches, sensory difficulties or behavioural changes. Symptoms can fluctuate, sometimes requiring lengthy rehabilitation.
These difficulties can be especially distressing when someone looks physically recovered but struggles with activities they previously managed easily. Friends may expect a quick recovery. Behavioural and cognitive difficulties can result from the injury, rather than a lack of effort or concern for others. Understanding this helps families adapt while respecting their loved one.
Looking after yourself, too
Caring for someone after a serious brain injury can be physically and emotionally demanding. Some relatives experience sadness for the life they expected, even while their loved one remains present and valued. Others face exhaustion and financial worries. These reactions vary, and there is no single right way to respond. Accept help, rest when possible and consider counselling or a local carers’ support group. Your wellbeing matters to sustainable care. Taking regular breaks can make it easier to respond calmly when care needs change unexpectedly.
Practical and emotional support available
Headway, the UK brain injury association, offers a free, confidential helpline on 0808 800 2244, open Monday to Friday, 9am to 5pm. Its nurse-led team supports survivors, relatives and carers. Local Headway groups may offer practical support, activities and opportunities to meet others. Its Emergency Fund can provide eligible families and friends with up to £300 for essential travel or accommodation during hospital treatment, subject to eligibility.
If caring responsibilities mean reducing your employment, check whether you qualify for Carer’s Allowance. Eligibility generally includes providing at least 35 hours of care weekly, the injured person receiving a qualifying disability benefit, and meeting other eligibility rules. It is separate from compensation. A council carer’s assessment may identify other support.
If your family member can no longer manage their own affairs
A severe injury may affect the ability to manage bank accounts, understand contracts or consent to treatment. The Mental Capacity Act 2005 presumes adults have capacity unless established otherwise, and capacity is assessed for each decision when it must be made. A spouse, parent or adult child does not automatically acquire general authority to manage another adult’s finances simply because they are related. Some care decisions can nevertheless be made without deputyship.
A registered Lasting Power of Attorney (LPA) may allow a chosen attorney to act within its terms. Financial powers may be used once registered, with permission, while welfare powers operate only when capacity is lacking. An LPA can be made after an accident if the person still has capacity. If they cannot make an LPA and ongoing financial decisions require formal authority, a Court of Protection deputyship may be appropriate. Alternatives include one-off orders or benefits appointees. Health and welfare deputyships are less commonly granted.
| Lasting Power of Attorney | Court of Protection deputyship | |
|---|---|---|
| When it can be set up | While the person has capacity to make an LPA, including after an injury | When the person lacks capacity for decisions requiring ongoing authority |
| Who chooses the decision maker | The person granting the LPA | The court, sometimes appointing a relative or professional |
| Typical timescale | Registration usually takes eight to ten weeks if straightforward | Often several months, depending on the application |
A property and financial affairs deputy may be needed to manage compensation or substantial expenditure, but their authority is court-limited. Welfare decisions can involve separate arrangements. Importantly, managing a personal injury claim may instead require appointment as a litigation friend, which is a different legal role. GOV.UK’s guidance on becoming a deputy explains the options and application process.
How a compensation claim can help fund the practical side
If someone else’s negligence caused the injury, whether in a road collision, a fall or an accident at work, a successful claim may include more than damages for the injury itself. Depending on the evidence, compensation can cover rehabilitation, therapies, case management, specialist equipment, accommodation adaptations, lost earnings and professional care. Necessary care provided without payment by family members or friends can also be valued, where it exceeds ordinary family assistance. A care diary helps establish those needs.
The long-term effects of a brain injury can take time to understand, so claims should not be settled before appropriate medical and care evidence is available. Where liability is admitted, or the court’s requirements are met, interim payments may fund urgent rehabilitation or support before final settlement. Funding is not guaranteed. Our guide to how the personal injury claim process works explains the process.
Time limits and funding
For adults in England and Wales, the usual period for starting personal injury court proceedings is three years from the accident or relevant date of knowledge. If the injured person lacked capacity to conduct the claim when the right arose, different limitation rules may apply, potentially giving three years after capacity returns. Injury does not automatically suspend limitation. Eligible claims can proceed on a no win no fee basis. If your claim isn’t successful, you won’t pay us anything. If it is successful, our fee is 20% plus VAT (24% in total), taken from the compensation you receive for your pain and suffering and for financial losses up to settlement. We never take a fee from compensation for future losses, such as future care or loss of earnings, and nothing else is deducted from your compensation. We’ll confirm all of this in writing before your claim starts.
Frequently asked questions
Common concerns raised by families include the following.
Can I make a claim on my loved one’s behalf if they can’t manage their own affairs?
Yes. An appropriate person may act as a litigation friend for someone who lacks capacity to conduct proceedings. A deputy or attorney may have separate financial responsibilities, and protected-party settlements require court approval.
Do I need a deputyship straight away?
Not always. It depends on which decisions are needed and whether an LPA, benefits appointee or one-off court order is sufficient. Seek advice early when financial decisions arise; applications can take months.
Can I claim for the care I provide myself?
Unpaid care from relatives or friends may be included in the injured person’s compensation claim where it is reasonably needed because of the injury. Keep a record of the care.
What if we don’t know yet how much our loved one will recover?
This is common. Specialists may need time to assess long-term needs, so settlements should not be rushed. Interim funding may be available in appropriate cases during rehabilitation.
Is Headway only for the person who was injured?
No. Its helpline supports families and carers as well as survivors, and local groups offer peer support.
Talk to Mark Reynolds Solicitors
Supporting someone after a brain injury can involve difficult decisions about care, finances and the future. Mark Reynolds Solicitors can explain the legal process, help establish suitable authority where necessary and assess whether rehabilitation and family care costs belong in a claim. We act under the no win no fee terms explained above. Contact our team for a free, no-obligation conversation. Our offices are in Liverpool, Runcorn and Warrington, and we support clients nationally.