Brain Injury Law

Law Related to Head Injury and Trauma

Brain Injury Definition

Brain Injury (also referred to as head injury, head trauma, or traumatic brain injury) refers to some kind of physical trauma to the head and brain, like a blow, shaking, penetration or a bump, which causes a disruption to the brain's normal functioning. In the U.S., traumatic brain injury (TBI) is the leading cause of death for persons under age 45.

Brain injuries can range from mild to severe, and symptoms can sometimes be subtle. Although these types of injuries are usually the result of motor vehicle accidents, sports injuries, workplace accidents, assaults, and the like, they can also be caused by non violent events. Brain injuries are often a type of birth injury as well.

Common forms of brain injury include concussions; "closed" head injuries; and acquired brain injuries. Brain injury can also result in coma. With regards to adult brain injuries, while some are asymptomatic, when there are symptoms, they typically include persistent headache; inability to concentrate; memory loss; dizziness; fatigue or listlessness; changes in mood, behavior, or cognitive function; nausea; and blurred vision. Sometimes, with mild brain injuries, symptoms only appear over time and are difficult to recognize.

Brain injuries in children are often harder to detect, but can include listlessness; irritability; changes in eating patterns, sleep, play or school performance; loss of interest in favorite toys or activities; loss of new skills; unsteady walking or trouble balancing; and vomiting.

What is Brain Injury Law? This type of injury is generally categorized as a catastrophic injury in tort law and involves the representation of people who have been injured as the result of the wrongful conduct or negligence of someone else, or the representation of the individual(s) being sued for the alleged negligence that caused the brain injury.

Because brain injuries are so diverse and complicated, is can be a complex legal issue. In addition to negligence and tort law, these injuries can also touch on administrative law, such as workers' compensation or social security and disability. There's also a great deal of legislation being proposed in an effort to decrease incidences of recreational and sports-related head injuries, and motor vehicle related brain injuries, and, more specifically, concussions.

If you or a loved one has suffered a brain injury as the result of another party's negligence, an attorney knowledgeable in this area of law, can assist you in recovering compensation for the injury, suffering, medical and hospital care, current and future wage loss and the cost of future care and rehabilitation.

To consult State legislation for filing a personal injury claim please see our Personal Injury Statute of Limitations page. Copyright

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