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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Articles About Brain Injury Law

  • Traumatic Brain Injuries and the Devastation They Leave Behind
    Traumatic brain injuries (TBIs) are remarkably widespread in the United States. According to one CDC report, each day 153 people suffer and die from injuries related to TBI. From a small concussion to significant brain damage, TBIs cover a wide range of injuries that can negatively impact sensation, emotional functions, motor skills, and cognitive performance.
  • Whiplash, Chronic Pain and Personal Injury Lawsuits
    Auto accidents lead to a wide variety of injuries, from broken bones to burns. However, one of the most common injuries sustained in an auto accident is whiplash. Although this injury isn't obvious to onlookers, it can cause significant symptoms. Below is some basic information about whiplash and how it can affect your life.
  • Forensic Expert Witness Discusses Neuropsychology in Traumatic Brain Injuries
    After a traumatic brain injury, the victim may have numerous issues with his or her mental state to include amnesia, psychological complications and need of therapy. A neuropsychologist is able to explain these matters to the courtroom and introduce the necessary information about why compensation should provide the victim with a means of recovery.
  • Detailed Brain Scans in North Carolina Traumatic Brain Injury Cases
    North Carolina personal injury victims often sustain serious traumatic brain injuries. These injuries can disrupt a person’s life dramatically.
  • Even a Mild Traumatic Brain Injury (TBI) Can Affect You for Months
    Many mild TBIs are classified as “concussions,” a fact which causes victims and their families to believe that it is not a serious matter. In reality, concussions and other forms of mild TBIs have the potential to cause serious symptoms months after the injury initially took place.
  • Expert Witness: Assessing Liability in Horseback Riding Fall Cases
    When someone has fallen from a horse while riding, the incident could have occurred due to improperly maintained equipment, inappropriate training of the animal or through a similar issue. When a claim for the injury arises, an expert witness is often necessary to explain and assess liability so that compensation claims are possible and understood better.
  • Malpractice suits alleging “improper bonuses” settled
    Incentives are a great way to motivate individuals and push them to reach new heights and get better at a given task. Rewarding people for their efforts is a common practice that usually yields a positive result but that was not the case in two recent medical malpractice lawsuits against UPMC [University of Pittsburgh Medical Center].
  • Top 10 Reasons to Hire an Experienced Personal Injury Attorney
    Starting with experience . . .
  • Recoverable Damages in Michigan Medical Malpractice Cases
    Your doctor made a mistake. You were injured. You now have to take time off work, pay unexpected medical costs, and hire someone to maintain your home and yard. As a result, you are teetering on the edge of financial ruin. Are you entitled to be reimbursed for medical expenses? Lost wages? Mental anguish? The short answer is yes.
  • Is It Too late to Sue: Statutes of Limitation and Repose in Michigan
    Lawyers receive calls every day from people who are injured but waited too long to sue. Don't sleep on your rights. There are time limits that must be followed when bringing a lawsuit. Wait too long, and your claim will become barred by a statute of limitation or repose.
  • All Personal Injury Law Articles

Brain Injury Law - US

  • American Veterans with Brain Injuries (AVBI)

    American Veterans with Brain Injuries (AVBI) was organized in 2004 as a grassroots effort whose mission is to offer support to the families of American Servicemembers and Veterans who have suffered traumatic brain injuries. went live on the Internet in 2006 to provide a web based peer support network and information resource. In January 2009, in order to expand support services and programs specifically designed for these veterans and their family members, American Veterans with Brain Injuries, Inc. was incorporated as a Not for Profit organization.

  • Bicycle Helmet Use Laws - NHTSA

    The local-level jurisdictions usually had bicycle safety education and bicycle helmet giveaway programs in place so pursuing a bicycle helmet use law was seen as a natural next step. The most common factor leading to a bill’s introduction was the presence of an active coalition, as mentioned above. High-profile bicycle crashes or elected officials independently initiating legislative efforts were less common factors cited as triggers for introduction of the bill.

  • Brain Injury Association of America

    Founded in 1980, the Brain Injury Association of America (BIAA) is the leading national organization serving and representing individuals, families and professionals who are touched by a life-altering, often devastating, traumatic brain injury (TBI). Together with its network of more than 40 chartered state affiliates, as well as hundreds of local chapters and support groups across the country, the BIAA provides information, education and support to assist the 3.17 million Americans currently living with traumatic brain injury and their families.

  • Brain Injury Network

    The Brain Injury Network is the first survivor operated international and USA national Survivor of Acquired Brain Injury (ABI) non-profit advocacy organization. We are people with abi in its various forms which include: tbi, stroke, brain tumor, brain illness, coma, post concussion syndrome and anoxic or hypoxic injury. What we all have in common is that we have all sustained acquired brain injuries. We are survivors of acquired brain injury who have organized to advocate on behalf of our international and USA national community.

  • Brain Injury Resource Center

    This site is maintained by: Brain Injury Resource Center -- * A non-profit clearinghouse founded and operated by brain injury activists since 1985. * If you have landed on this site it is probably because you have learned that head injury is poorly understood, and you need expert guidance to make sense of it.

  • Brain Trauma Foundation

    The Brain Trauma Foundation was founded to improve the outcome of Traumatic Brain Injury (TBI) patients by developing best practice guidelines, conducting clinical research and educating medical personnel.

  • Defense and Veterans Brain Injury Center (DVBIC)

    The mission of the Defense and Veterans Brain Injury Center (DVBIC) is to serve active duty military, their beneficiaries, and veterans with traumatic brain injuries (TBIs) through state-of-the-art clinical care, innovative clinical research initiatives and educational programs. DVBIC fulfills this mission through ongoing collaboration with military, VA and civilian health partners, local communities, families and individuals with TBI.

  • Medline Plus - Traumatic Brain Injury

    Every year, millions of people in the U.S. sustain head and brain injuries. More than half are bad enough that people must go to the hospital. The worst injuries can lead to permanent brain damage or death. Half of all traumatic brain injuries (TBIs) are due to motor vehicle accidents. Military personnel are also at risk. Symptoms of a TBI may not appear until days or weeks following the injury. Serious traumatic brain injuries need emergency treatment.

  • Motorcycle Helmet Law Statutes by State
  • National Association of State Head Injury Association (NASHIA)

    As a national organization, we respect the past and embrace the future, we value diversity, creativity, innovation, and individuality in people and systems, we are goal-directed and hold ourselves accountable, and we strive to learn from others and ourselves… We believe brain injury is a significant public health concern that requires resources for prevention, research, and service delivery commensurate with its scope and impact at the local, state, and federal level. We believe individuals with brain injuries have the right to a life in the mainstream of society with the full range of service and support options necessary to meet individualized needs across the lifespan.

  • National Center for Injury Prevention and Control (NCIPC)

    A traumatic brain injury (TBI) is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.

  • North American Brain Injury Society (NABIS)

    NABIS is a society comprised of professional members involved in the care or issues surrounding brain injury. The principal mission of the organization is moving brain injury science into practice. Whether it is in the area of clinical care, research, policy or litigation, the organization stands behind the premise that advances in science and practices based on application of the scientific evidence will ultimately provide the best outcomes for those with brain injuries and the community as a whole.

  • Traumatic Brain Injury (TBI) Program

    Current estimates state that at least 5.3 million Americans have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI. These individuals and their families are often faced with challenges, such as improper diagnosis, inability to access support or rehabilitation services, institutional segregation, unemployment, and being forced to navigate complicated and cumbersome service and support systems.

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