TRAUMATIC BRAIN INJURY LAWYER — COMPLETE GUIDANCE FOR INJURED PEOPLE AND FAMILIES
- P. Geisheker
- May 15, 2025
- 8 min read
Updated: 5 days ago
Last Reviewed: January 2026
Publisher: PI Law News
Author: Peter Geisheker
KEY TAKEAWAYS
A traumatic brain injury lawyer helps people seek compensation when another party’s negligence or misconduct causes a brain injury.
Traumatic brain injuries (TBIs) can stem from many situations including vehicle crashes, falls, workplace accidents, sports injuries, assaults, medical negligence, or defective products.
Medical evidence is a foundational component of every TBI claim, linking severity and long-term impacts directly to compensation.
Compensation in TBI claims varies widely and is shaped by loss severity, future care needs, earnings impact, and proof of liability.
Every U.S. state imposes a statute of limitations — missing it usually bars recovery.
Real, documented case results illustrate settlement and verdict ranges, not hypotheticals.
This article includes comprehensive medical and legal authority, state deadlines, and rich FAQs to empower injured people.
INTRODUCTION
When you or a beloved family member suffers a traumatic brain injury through no fault of your own, the impact reverberates across every part of life. Hospital bills pile up. Hope can feel distant. Questions swirl:
“What rights do I have?”
“Can I pursue compensation?”
“Who is responsible for this?”
“What deadlines apply?”
“How will I support my loved one long-term?”
This article is written for you — the injured person, the caregiver, the family seeking clarity on what comes next. We combine legal insight, medical evidence, real case outcomes, and state-by-state deadlines so you can understand your rights and pursue justice with confidence.
WHAT IS A TRAUMATIC BRAIN INJURY LAWYER?
A traumatic brain injury lawyer is a legal professional who represents individuals whose brain injuries were caused by another person’s negligence, recklessness, or intentional misconduct. These attorneys help victims:
Gather and preserve crucial evidence
Work with medical experts to document injuries
Quantify both economic and non-economic losses
Negotiate with insurance companies
File lawsuits before deadlines expire
Represent clients in court if necessary
Insurance companies often dispute TBI claims — especially when injuries are not visible — so legal representation can be critical to securing a fair recovery.
WHAT IS A TRAUMATIC BRAIN INJURY?
A traumatic brain injury (TBI) occurs when an external force — a blow, jolt, or penetrating injury — disrupts normal brain function. TBIs range from mild (commonly called concussions) to severe injuries that cause long-term disability or even death.
Medical authority on TBIs:The Centers for Disease Control and Prevention (CDC) states that TBIs are “a major cause of disability and death” in the United States, often requiring complex diagnostic tools like CT scans or MRI to confirm the extent of injury. Early signs may include headaches and dizziness, while long-term effects can impact memory, mood, and functioning. (CDC, Traumatic Brain Injury Basics).
The medical reality is that TBIs are not just “bumps on the head.” The brain is a delicate organ; even seemingly mild injuries can have profound consequences over time — especially when unrecognized or untreated.
HOW TBI CASES ARE DIFFERENT FROM OTHER INJURY CLAIMS
Traumatic brain injury cases are distinct from typical personal injury claims in several ways:
Invisible injuries:Many TBIs lack visible signs, making diagnosis and proof more complex than with broken bones or open wounds.
Delayed symptoms:Symptoms can develop days or weeks after the event — potentially complicating timelines and evidence.
Expert evidence is critical:Brain injuries are proven through specialized neurological testing and expert medical testimony, not just basic ER records.
Long-term care planning:TBI claims often involve projections of future medical needs, rehabilitation, adaptive equipment, and loss of earning capacity.
Insurance resistance:Insurers frequently minimize TBIs or attribute symptoms to pre-existing conditions — requiring robust legal strategy.
These factors make a TBI case more challenging and more important to handle with experienced legal guidance.
COMMON CAUSES OF TBIs WHEN ANOTHER PERSON IS AT FAULT
A traumatic brain injury can result from many circumstances — but when the injury is someone else’s fault, liability and compensation become legally actionable. Common causes include:
Motor Vehicle Accidents
Collisions involving cars, trucks, motorcycles, pedestrians, and bicycles account for a significant portion of TBIs each year.
Falls and Premises Liability
Slips and falls on unsafe property (poor lighting, unmarked hazards, negligent maintenance) can cause significant head injuries.
Workplace Accidents
Construction sites, industrial facilities, and other workplaces may expose workers to hazards that cause TBIs — especially if safety protocols are ignored.
Sports Injuries
While many sports carry inherent risks, liability can arise when unsafe equipment, inadequate supervision, or negligence contributes to a serious brain injury.
Assault or Violence
Intentional acts of violence that cause head trauma can give rise to criminal charges and civil claims for damages.
Medical Negligence
Errors during surgery, misdiagnosis of head injuries, or delayed treatment that worsens outcomes can form the basis of a medical malpractice claim.
Defective Products
Faulty safety devices (e.g., helmets, restraints) or dangerous machinery can cause injuries for which manufacturers or designers may be liable.
This comprehensive view is essential because victims often don’t realize that TBIs from non-accident situations — like assault or medical error — can also support legal claims.
MEDICAL EVIDENCE ON SERIOUS INJURIES
Without solid medical evidence, TBI claims usually fail. Courts and insurers rely on objective documentation to verify:
Severity of injury
Causation (link between the event and injury)
Prognosis (long-term impact)
Future care needs
Authoritative medical sources to understand TBI:
CDC — Traumatic Brain Injury Basics: The CDC provides comprehensive data on classification, symptoms, and long-term effects of TBIs and stresses the importance of early medical evaluation. https://www.cdc.gov/traumaticbraininjury/basics.html
NIH / NINDS — Brain Injury Information: The National Institute of Neurological Disorders and Stroke offers in-depth descriptions of mechanisms of injury and resulting neurological impacts. https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury
Mayo Clinic — Concussion and TBI: The Mayo Clinic explains how TBIs are diagnosed, managed, and treated — including complications that can affect daily life. https://www.mayoclinic.org/diseases-conditions/concussion/symptoms-causes/syc-20355594
Key Medical Concepts in TBI Claims
Mild vs. Moderate vs. Severe TBI: Severity scales matter in compensation. Mild may involve short confusion or memory loss, while severe injuries can cause extended unconsciousness, cognitive decline, and physical impairment.
Neuropsychological Testing: Objective tests that measure cognitive deficits help quantify injury severity.
Long-Term Prognosis: Medical experts often prepare future care plans showing expected costs for rehabilitation, therapies, and adaptive living.
Medical evidence is not just about diagnosis — it’s about documenting what the injury means for the rest of a victim’s life.
HOW COMPENSATION WORKS IN TBI CLAIMS
Compensation (often called “damages”) is designed to make an injured person whole again to the greatest extent money can.
Types of Compensation
Economic Damages
Medical bills (past and future)
Rehabilitation
Lost wages
Loss of future earning capacity
Home modifications and caregiving
Non-Economic Damages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium
Punitive Damages. In rare cases involving reckless or malicious conduct, punitive damages may be awarded to punish the wrongdoer.
Important Points on Value
Insurance policy limits often cap recoveries.
Severe, lifelong impairments typically yield higher settlements or verdicts.
Documentation linking injuries to future costs (life care plans, vocational experts) strengthens claims.
REAL, DOCUMENTED TBI CASE EXAMPLES
These are publicly reported cases from credible legal sources — included to ground the discussion in reality, not theory.
$2.25 Million Settlement — Hit-and-Run Pedestrian (Severe TBI)
A pedestrian suffered a severe traumatic brain injury after being struck by a hit-and-run driver. Through intensive medical documentation and expert testimony, counsel secured the full available policy limits of $2.25 million.
Source: https://abreniolaw.com/2025/05/15/2-25-million-settlement-for-hit-run-resulting-in-severe-tbi/
Why this matters for families:
This case shows that when medical evidence clearly documents brain injury and long-term impairment, insurers can be compelled to pay high policy limits — even when the at-fault driver fled the scene.
Six-Figure Motor Vehicle TBI Settlements
In a series of documented motor vehicle cases involving closed-head injuries, memory deficits, dizziness, and cognitive impairment, settlements ranged from $95,000 to $105,000.
What this illustrates:
Not every TBI case is a multi-million dollar outcome — moderate injuries often resolve in the mid-six figures, especially when medical bills are lower and long-term disability is less certain.
EVIDENCE & INVESTIGATION IN TBI CASES (HOW LAWYERS BUILD PROOF)
A traumatic brain injury case succeeds or fails on evidence. Strong TBI claims typically include:
1) Medical Evidence
Emergency room records
CT scans and MRIs
Neurologist evaluations
Neuropsychological testing
Physical and occupational therapy notes
Treating physician opinions on causation and prognosis
Why this matters:
Insurance companies often argue that symptoms are “pre-existing,” “psychological,” or unrelated to the incident. Objective testing helps defeat those arguments.
2) Accident Evidence
Police or incident reports
Scene photographs and video
Witness statements
Black box or telematics data (in vehicle cases)
Workplace safety records (in job-site injuries)
Why this matters:
Liability (who caused the injury) must be proven before damages are even considered.
3) Expert Testimony
Common experts in TBI cases include:
Neurologists
Neuropsychologists
Life-care planners
Vocational rehabilitation experts
Accident reconstruction specialists
These professionals translate medical findings into real-world impacts such as lost earning capacity and lifetime care needs.
HOW NEGOTIATIONS ACTUALLY WORK IN TBI CLAIMS
Most TBI cases resolve through negotiation — not trial. A typical sequence looks like this:
Medical treatment stabilizes
Lawyer collects complete records
Experts prepare reports
A formal demand letter is sent to the insurer
Back-and-forth negotiations occur
Mediation may be used if needed
If negotiations fail, a lawsuit is filed
Insurance companies often start with low offers. Experienced TBI lawyers counter with medical proof, future care projections, and legal arguments about liability.
WHEN YOU SHOULD HIRE A TRAUMATIC BRAIN INJURY LAWYER
You should strongly consider legal counsel if:
There was loss of consciousness
Symptoms persist beyond a few days
You required hospitalization
You cannot work as before
The at-fault party disputes responsibility
The insurer offers a quick settlement
Early legal guidance helps preserve evidence and avoid missed deadlines.
CAN YOU HANDLE A TBI CLAIM YOURSELF?
For minor concussions with minimal treatment and no long-term effects, self-negotiation may be reasonable.
For moderate to severe TBIs, self-handling is usually a mistake because:
Brain injuries are medically complex
Insurers aggressively dispute causation
Long-term damages are hard to calculate
One wrong statement can harm your case
Most serious TBI cases benefit from professional representation.
STATUTE OF LIMITATIONS — DEADLINES IN ALL 50 STATES
Below are the general personal injury deadlines that typically apply to traumatic brain injury claims. Exceptions can apply (minors, government defendants, or delayed discovery of injury).
State | Deadline |
Alabama | 2 years |
Alaska | 2 years |
Arizona | 2 years |
Arkansas | 3 years |
California | 2 years |
Colorado | 2 years |
Connecticut | 2 years |
Delaware | 2 years |
Florida | 4 years |
Georgia | 2 years |
Hawaii | 2 years |
Idaho | 2 years |
Illinois | 2 years |
Indiana | 2 years |
Iowa | 2 years |
Kansas | 2 years |
Kentucky | 1 year |
Louisiana | 1 year |
Maine | 6 years |
Maryland | 3 years |
Massachusetts | 3 years |
Michigan | 3 years |
Minnesota | 2 years |
Mississippi | 3 years |
Missouri | 5 years |
Montana | 3 years |
Nebraska | 4 years |
Nevada | 2 years |
New Hampshire | 3 years |
New Jersey | 2 years |
New Mexico | 3 years |
New York | 3 years |
North Carolina | 3 years |
North Dakota | 6 years |
Ohio | 2 years |
Oklahoma | 2 years |
Oregon | 2 years |
Pennsylvania | 2 years |
Rhode Island | 3 years |
South Carolina | 3 years |
South Dakota | 3 years |
Tennessee | 1 year |
Texas | 2 years |
Utah | 4 years |
Vermont | 3 years |
Virginia | 2 years |
Washington | 3 years |
West Virginia | 2 years |
Wisconsin | 3 years |
Wyoming | 4 years |
Washington, D.C. | 3 years |
Key takeaway:
Do not wait to seek legal advice. Even if symptoms appear later, your clock may already be running.
FREQUENTLY ASKED QUESTIONS
1) Do I really need a lawyer for a TBI claim?
For moderate to severe TBIs, yes — lawyers dramatically increase the likelihood of fair compensation.
2) How long does a TBI case take?
Typically 6 months to 2 years, depending on medical recovery and dispute level.
3) How much is my case worth?
It depends on injury severity, proof of fault, and future care needs.
4) What evidence is most important?
Medical imaging, neurologist records, and expert opinions.
5) What if symptoms show up later?
You may still have a claim, but deadlines still apply.
6) Can family members recover damages?
Yes — for loss of companionship or caregiving burdens in many states.
7) What if the at-fault party has no insurance?
You may recover through uninsured or underinsured motorist coverage.
8) Does a concussion count as a TBI?
Yes — medically, a concussion is a mild traumatic brain injury.
9) Will I have to go to court?
Most cases settle, but some proceed to trial.
REFERENCES & AUTHORITATIVE RESOURCES
CDC — Traumatic Brain Injury Basics https://www.cdc.gov/traumaticbraininjury/basics.html
NIH / NINDS — Traumatic Brain Injury https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury
Mayo Clinic — Concussion and TBI https://www.mayoclinic.org/diseases-conditions/concussion/symptoms-causes/syc-20355594
Cornell LII — Negligence Law https://www.law.cornell.edu/wex/negligence
American Bar Association — Personal Injury Law https://www.americanbar.org/groups/litigation/committees/personal-injury/
Real Case: $2.25M Hit-and-Run TBI Settlement https://abreniolaw.com/2025/05/15/2-25-million-settlement-for-hit-run-resulting-in-severe-tbi/
Real Case: Documented TBI Settlements https://www.schwebel.com/practice/brain-injuries/verdicts-settlements/
TraumaticBrainInjury.com — Statutes of Limitations https://traumaticbraininjury.com/statute-of-limitations/
EDITORIAL STANDARDS & LAST REVIEWED
This article was reviewed for accuracy, clarity, and alignment with current legal and medical understanding as of January 2026.
This content is educational and not legal advice.
