Compensation for Acquired Brain Injury (ABI): How is it Determined?

13 September 2025
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Compensation for Acquired Brain Injury (ABI): How is it Determined?

Victims of acquired brain injury often face enduring limitations. The loss of work, independence and joy of life has a significant impact. In addition to reimbursement of medical costs and income loss, compensation plays a crucial role. This is non-material compensation for pain, sorrow and loss of quality of life.

In this article, we explain how compensation in cases of ABI is determined, which factors are considered, and what you can do to get the highest possible reimbursement.


What is compensation?

Compensation is a payment for non-financial damage that you suffer as a result of an accident. In cases of ABI, it often involves lifelong consequences: concentration problems, fatigue, character changes or even dependence on care. Compensation is meant to somewhat make up for this suffering.


How is the amount of compensation determined?

The amount of compensation in ABI cases depends on several factors:

  • The severity of the injury: the greater and more permanent the restrictions, the higher the reimbursement.

  • The age of the victim: the younger, the greater the missed future prospects.

  • Impact on daily life: loss of work, hobbies, relationships and independence weighs heavily.

  • Medical prognosis: temporary complaints lead to lower reimbursements than permanent restrictions.

  • Comparable cases: judges look at previous decisions to determine the amount.


Examples from practice

  • Example 1: A young woman acquired ABI due to a traffic accident. She had persistent memory and concentration problems and could no longer work at her level. In addition to income damage, she was awarded a substantial amount of compensation, as her future plans had completely changed.

  • Example 2: A man suffered brain injury in a workplace accident and became wheelchair-dependent. The judge awarded him one of the higher compensation amounts, because his independence and quality of life were severely and permanently affected.

  • Example 3: A patient acquired ABI due to a medical error, resulting in permanent dependence on daily care. The compensation here was higher than average, precisely because of the loss of self-reliance and the profound effect on his social life.


Checklist: how do I substantiate compensation in ABI cases?

  • 📂 Collect medical records and specialist reports.

  • 📝 Keep a diary of complaints and restrictions in daily life.

  • 👨‍👩‍👧 Describe the impact on family and relationships.

  • 💼 Record which tasks or hobbies are no longer possible.

  • 📊 Have a lawyer provide examples of comparable cases.

The better your situation is mapped out, the greater the chance of a fitting reimbursement.


Role of Arslan Lawyers

At Arslan Lawyers, we ensure that no aspect of your damage is overlooked. We substantiate your right to compensation with medical and legal arguments and do our utmost to obtain the highest possible reimbursement.


FAQ about compensation in ABI cases

1. How high can compensation in ABI cases be?
This varies greatly per case, but in serious and permanent brain injury, it can amount to very high sums, depending on the impact on your life.

2. Is compensation one-time or can it be adjusted later?
Usually, compensation is paid in one go at the final settlement. In case of a reserve or reopening, an additional reimbursement can be claimed.

3. Do I also get compensation for light concussion or temporary complaints?
Yes, but the amounts are considerably lower. The more severe and permanent the consequences, the higher the reimbursement.

4. Who pays the compensation?
The liable party or their insurer pays the compensation.

5. Does the hiring of a personal injury lawyer cost money?
No, the costs are charged to the liable party. For you, our help is free of charge.

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