Traumatic Brain Injury
Traumatic brain injuries can result from car accidents, falls, workplace incidents, or any event involving a blow to the head. TBI symptoms can be delayed, misdiagnosed, or worsen over time — making early medical evaluation and thorough documentation essential to protecting your health and your claim.
This information is for educational purposes only and does not constitute legal advice. Availability varies by state and case type.
8
Immediate steps
25
Evidence items
Common injuries
Concussion, Spinal Injuries, Skull Fracture +1 more
Common Causes
Motor Vehicle Accidents
Car, truck, and motorcycle crashes are the leading cause of TBI — the sudden force of impact causes the brain to move inside the skull.
Slip and Fall Accidents
Falls are the second leading cause of TBI, especially on hard surfaces or from elevated heights.
Workplace Accidents
Construction sites, warehouses, and industrial settings carry high risk of head trauma from falling objects or equipment strikes.
Struck by an Object
Being hit by a falling, thrown, or moving object — common in construction and sports — can cause significant brain trauma.
Assault or Physical Altercation
Intentional blows to the head can result in TBI and may support both criminal and civil claims.
Sports and Recreational Activities
Contact sports, cycling without a helmet, and high-impact activities carry TBI risk, though these cases differ in legal liability.
Likely Injuries
These types of accidents are frequently associated with the following injuries. Select an injury to learn more.
What To Do Immediately
- 1
Call 911 or go to the emergency room immediately
CriticalAny suspected head injury should be evaluated by emergency medical professionals. Do not wait for symptoms to worsen — some TBIs are not obvious at the scene.
- 2
Do not leave the scene without medical documentation
CriticalIf paramedics respond, let them evaluate you. Their report becomes part of your medical record and links the incident to the injury.
- 3
Document the incident scene
ImportantIf safe, photograph the location, any hazards, vehicles involved, and anything that caused or contributed to the head impact.
- 4
Start a symptom journal immediately
CriticalTBI symptoms — headaches, memory gaps, confusion, mood changes, sleep disruption — may appear or worsen over days. Log every symptom with dates and severity.
- 5
Follow up with a neurologist or specialist
CriticalAn ER visit may not capture the full extent of a TBI. Request a referral for neurological evaluation, MRI, or cognitive testing.
- 6
Notify your insurance company
ImportantReport the incident to your insurer promptly. Stick to facts — do not minimize symptoms or speculate about severity.
- 7
Avoid giving recorded statements without legal guidance
ImportantTBI claims often involve disputed causation. Before speaking with any opposing insurer, consider consulting with a personal injury attorney.
- 8
Preserve evidence of lost function
HelpfulDocument missed work, tasks you can no longer perform, and any assistance you require. This supports future wage loss and quality-of-life claims.
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Evidence Checklist
Check off items as you collect them. Critical items should be gathered as soon as possible after the accident.
Medical Documentation
CriticalAt the Scene or Incident Location
CriticalFunctional Impact Records
ImportantInsurance & Legal
ImportantLong-Term Evidence
HelpfulTimeline Risks
Key deadlines and time-sensitive actions. Missing these windows can significantly affect your options.
- 1
Within 24-72 Hours
Delayed TBI symptoms may go undiagnosed
Seek neurological evaluation even if initial ER findings appear mild. Concussions and diffuse axonal injuries are often underdetected in early imaging.
- 2
Within 1-2 Weeks
Cognitive symptoms may be attributed to stress rather than injury
Begin your symptom journal. Follow up with a specialist and request neuropsychological testing if symptoms persist.
- 3
Within 30 Days
Insurance reporting windows close
Notify all relevant insurers promptly. Delays can create coverage disputes.
- 4
Within 6 Months
Witness memories fade, scene evidence is gone
Secure statements from witnesses and collect any available surveillance footage before it is overwritten or deleted.
- 5
2 Years (California)
Statute of limitations for personal injury
California generally requires a personal injury lawsuit to be filed within 2 years of the injury date. TBI cases involving government entities may have much shorter deadlines.
- 6
2 Years (Arizona)
Statute of limitations for personal injury
Arizona has a 2-year statute of limitations for personal injury claims. Do not wait — TBI cases require extensive preparation and medical documentation.
Insurance Issues to Know About
Causation disputes
Insurers frequently argue that a TBI was pre-existing, caused by a different event, or is less severe than claimed. Thorough and timely medical documentation is essential to counter these arguments.
Pressure to settle quickly
TBI cases often have long-term consequences that are not apparent in the early weeks. Accepting a settlement before you understand the full extent of your injury can permanently close your claim.
Independent medical examinations (IMEs)
Insurers may require you to be evaluated by a physician of their choosing. These IME doctors are paid by the insurer and their findings often favor a quick resolution.
Wage loss and future earnings disputes
Insurers may challenge the amount of income lost due to your injury. Vocational experts and life care planners are often needed to document long-term economic impact.
Non-economic damage limitations
TBI cases often involve significant pain, suffering, and loss of enjoyment of life. These non-economic damages can be substantial but are subject to negotiation and — in some contexts — legal caps.
When You May Benefit From Speaking With a Lawyer
You are not required to hire an attorney. But in some situations, speaking with a lawyer experienced in personal injury matters can help protect your options. This is educational information, not legal advice.
- You were diagnosed with any grade of concussion, brain bleed, or traumatic brain injury
- Symptoms persisted beyond 2 weeks or worsened over time
- You missed significant work or are unable to return to your prior occupation
- An insurer is disputing whether the injury was caused by the accident
- You received an early settlement offer before completing your medical treatment
- You are being required to attend an insurer-arranged independent medical examination
- Your injury has affected your cognitive function, memory, personality, or relationships
- The incident involved a commercial vehicle, employer, or property owner
State-Specific Notes
California
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — you can recover even if partially at fault, reduced by your percentage
- Insurance minimum: $30,000/$60,000/$15,000
Arizona
- Statute of limitations: 2 years from date of injury for personal injury claims
- Fault rule: Pure comparative fault — your recovery is reduced by your share of fault
- Insurance minimum: $25,000/$50,000/$15,000
Laws vary by state and are subject to change. The above is general educational information only and may not reflect recent legislative changes. Consult a licensed attorney in your state for advice specific to your situation.