Traumatic brain injury (TBI) is among the most devastating injuries a person can suffer. Even injuries classified as "mild" can cause life-altering cognitive, emotional, and physical problems that persist for years or permanently. When someone else's negligence causes a brain injury, victims and their families have the right to pursue compensation through a personal injury lawsuit.

TBI cases are complex because the brain is invisible—injuries that profoundly affect a person's life may not appear on imaging scans or be immediately apparent to others. Successfully pursuing compensation requires understanding how to prove invisible injuries, document their impact, and calculate the true lifetime cost of living with brain damage.

What Is Traumatic Brain Injury?

A traumatic brain injury occurs when an external force—a blow, jolt, or penetrating injury—disrupts normal brain function. TBIs range from mild concussions that resolve in weeks to catastrophic injuries causing permanent disability or death.

The brain can be injured through:

  • Direct impact – The head strikes an object (steering wheel, ground, equipment)
  • Acceleration-deceleration – The brain moves violently within the skull (whiplash, sudden stops)
  • Penetrating injury – Objects enter the skull and brain tissue
  • Blast waves – Pressure waves from explosions damage brain tissue

TBI Severity Classifications

Medical professionals classify TBI severity based on initial presentation:

Mild TBI (Concussion)

  • Brief or no loss of consciousness (under 30 minutes)
  • Post-traumatic amnesia under 24 hours
  • Glasgow Coma Scale score of 13-15
  • Normal or near-normal brain imaging

Don't let the word "mild" mislead you. Mild TBIs can cause debilitating symptoms lasting months or years, and repeated mild TBIs cause cumulative damage.

Moderate TBI

  • Loss of consciousness 30 minutes to 24 hours
  • Post-traumatic amnesia 1-7 days
  • Glasgow Coma Scale score of 9-12
  • Abnormalities may appear on imaging

Severe TBI

  • Loss of consciousness over 24 hours
  • Post-traumatic amnesia over 7 days
  • Glasgow Coma Scale score of 3-8
  • Often visible damage on imaging
  • May result in coma, vegetative state, or death

Common Causes of Traumatic Brain Injury

Motor Vehicle Accidents

Car, truck, and motorcycle crashes are the leading cause of TBI-related hospitalizations. Brain injuries occur from direct head impacts, violent acceleration-deceleration forces, and ejection from vehicles.

Falls

Falls are the leading cause of TBI overall, particularly for young children and older adults. Premises liability claims may arise when property owners' negligence causes falls.

Sports Injuries

Contact sports—football, hockey, soccer, boxing—cause thousands of concussions annually. Schools, leagues, coaches, and equipment manufacturers may be liable when they fail to protect athletes.

Workplace Accidents

Construction falls, struck-by incidents, and industrial accidents cause workplace TBIs. While workers' compensation provides some benefits, third-party claims may recover additional damages.

Assaults and Violence

Physical attacks causing head trauma can support civil claims against attackers and potentially property owners who failed to provide adequate security.

Medical Malpractice

Brain damage from birth injuries, surgical errors, anesthesia mistakes, and medication errors may constitute medical malpractice.

Symptoms of Traumatic Brain Injury

TBI symptoms vary widely based on injury location and severity:

Physical Symptoms

  • Headaches and migraines
  • Dizziness and balance problems
  • Nausea and vomiting
  • Fatigue and sleep disturbances
  • Sensitivity to light and noise
  • Seizures
  • Vision and hearing changes

Cognitive Symptoms

  • Memory problems (short-term and long-term)
  • Difficulty concentrating
  • Slowed thinking and processing
  • Confusion and disorientation
  • Word-finding difficulties
  • Impaired judgment and decision-making

Emotional and Behavioral Symptoms

  • Depression and anxiety
  • Irritability and mood swings
  • Personality changes
  • Impulsivity
  • Social withdrawal
  • Emotional dysregulation

Proving TBI in Court

The biggest challenge in TBI litigation is proving injuries that may be invisible on standard imaging. Successful cases require comprehensive evidence:

Medical Records

  • Emergency room records documenting initial presentation
  • Hospital admission records
  • Neurologist and specialist evaluations
  • Treatment records showing ongoing symptoms

Diagnostic Testing

  • CT scans – Detect bleeding, fractures, and major damage
  • MRI – Shows more subtle structural damage
  • Advanced imaging – DTI, fMRI, and PET scans may detect damage standard imaging misses

Neuropsychological Testing

Neuropsychological evaluation involves extensive testing of cognitive functions—memory, attention, processing speed, executive function. These tests can document impairments even when imaging appears normal.

Expert Witnesses

TBI cases typically require expert testimony from:

  • Neurologists on diagnosis and prognosis
  • Neuropsychologists on cognitive deficits
  • Life care planners on future needs
  • Economists on lost earning capacity
  • Vocational experts on work limitations

Damages in TBI Cases

Brain injury damages can be substantial due to the long-term and often permanent nature of impairments:

Economic Damages

  • Medical expenses – Emergency care, hospitalization, rehabilitation, therapy, medications, assistive devices
  • Future medical costs – Lifetime care needs, which can reach millions for severe TBI
  • Lost wages – Income lost during treatment and recovery
  • Lost earning capacity – Reduced ability to work in the future
  • Home modifications – Accessibility changes for disabled victims
  • Attendant care – Help with daily activities

Non-Economic Damages

  • Pain and suffering – Physical discomfort and distress
  • Mental anguish – Emotional and psychological trauma
  • Loss of enjoyment of life – Inability to participate in activities
  • Loss of consortium – Impact on spousal relationship
  • Cognitive and personality changes – Loss of the person you were

TBI Settlement Values

TBI case values vary enormously based on injury severity, proof, and impact:

  • Mild TBI with full recovery – $50,000 to $500,000
  • Moderate TBI with lasting effects – $500,000 to $3 million
  • Severe TBI with permanent disability – $3 million to $20 million or more

These ranges are illustrative only—actual values depend on case-specific facts, available insurance, and jurisdiction.

Statute of Limitations

TBI claims must be filed within state-mandated deadlines, typically two to three years from the injury. However, TBI creates special timing issues:

  • Symptoms may not be immediately recognized as brain injury
  • The full extent of damage may take months to become apparent
  • Cognitive impairment may affect the victim's ability to pursue claims

Consult an attorney as soon as TBI is suspected—don't wait until you fully understand the injury's scope.

Why TBI Cases Require Specialized Attorneys

TBI litigation demands attorneys who understand:

  • The medical science of brain injury
  • How to prove invisible injuries
  • Which experts to retain and how to use them
  • How to calculate lifetime damages
  • Defense strategies and how to counter them

General personal injury attorneys may lack the specialized knowledge TBI cases require. Seek attorneys with specific TBI experience and a track record of successful brain injury verdicts and settlements.

Conclusion

Traumatic brain injury can transform every aspect of a victim's life—their ability to work, maintain relationships, enjoy activities, and function independently. When negligence causes these devastating injuries, victims deserve full compensation for their losses.

If you or a loved one suffered a brain injury due to someone else's negligence, consult a TBI attorney who can evaluate your case, connect you with appropriate medical experts, and fight for the compensation you need to rebuild your life.