Traumatic Brain Injury Claims
A traumatic brain injury (TBI) claim can recover far more than the initial hospital bills because the effects can be lifelong. Because a TBI can be invisible on a scan, proving it usually depends on neurological and neuropsychological expert evidence and consistent medical records.
Why TBI Claims Are Hard to Prove
Mild and moderate TBIs may not show on CT or MRI scans, and symptoms such as memory loss, headaches, mood change and slowed thinking can be dismissed by insurers as unrelated. Detailed neuropsychological testing, treating-physician records and testimony from family and co-workers who saw the change are what usually make the claim.
What Damages Can Include
Direct Answer: TBI damages typically include medical and rehabilitation costs, future and lifetime care, lost earnings and earning capacity, and pain and suffering, and in severe cases attendant care and home modifications.
Because the losses can extend for decades, cases involving significant TBIs rely on life-care planners and economists to put a figure on future needs. Any settlement for a child or an adult lacking capacity may need court approval, and structured settlements or special needs trusts are sometimes used to protect benefit eligibility.
Deadlines
The standard personal injury limitation period usually applies, but many states pause, or toll, the clock while an injured person is a minor or lacks mental capacity. Rules differ significantly, so do not rely on a general rule without checking your state.
Frequently Asked Questions
Can I claim for a concussion?
What if my scans are normal?
What experts are used in TBI cases?
Can a family member bring the claim?
Is there an extended deadline for a child with a brain injury?
Can I get a brain injury lawyer without paying upfront?
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A leading cause of TBI
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Falls are a common cause
Read moreStatute of Limitations
Filing deadlines by state, and the shorter one for government claims
Read moreLiens and Deductions
Why a settlement pays less than the headline
Read moreMore guides on this topic
Premises Liability Claims
Premises liability law makes property owners and occupiers responsible for injuries caused by unsafe conditions they knew about, or should have kno…
Read morePedestrian Accident Claims in the US
A pedestrian struck by a vehicle can claim against the driver's insurer if the driver was negligent.
Read moreBicycle Accident Claims
A cyclist injured by a negligent driver can claim in the same way as any other motorist or pedestrian accident victim.
Read moreHit and Run Accident Claims
If a driver flees, you may still be compensated through the uninsured motorist coverage on your own auto policy, or the policy of a household member.
Read moreRear-End Collision Claims
In most rear-end collisions the driver in the back is presumed or found to be at fault for following too closely or not paying attention, but the p…
Read moreDrunk Driving Accident Claims
A civil claim for a drunk-driving crash is separate from the criminal DUI case.
Read moreBus Accident Claims
Bus accident claims can involve the driver, the operator, the bus manufacturer, another motorist or a government agency.
Read moreTrain Accident Claims
Train accident claims depend on who was hurt: passengers and members of the public claim under state negligence law, while railroad employees claim…
Read moreBoating Accident Claims
Boating accidents on navigable waters can fall under federal maritime law, which generally gives three years to sue for personal injury.
Read moreSwimming Pool Accident Claims
Pool owners and operators can be liable for drownings, entrapment and other injuries caused by unsafe conditions.
Read moreBurn Injury Claims
Burn injury claims arise from fires, explosions, scalding, chemical and electrical incidents, and the liable party may be a property owner, employe…
Read moreAmputation Injury Claims
An amputation claim must account for the lifetime cost of prosthetics, which need replacing repeatedly, plus rehabilitation, modifications, lost ea…
Read moreWhere this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Cal. Gov't Code § 911.2 (claim against a public entity — six months)
A claim for death or personal injury against a California public entity must be presented within six months of accrual — separate from, and much shorter than, the two-year general limitation in CCP § 335.1.
- N.Y. General Municipal Law § 50-e (notice of claim — ninety days)
A notice of claim against a New York public corporation is due within 90 days of the claim arising — far shorter than CPLR § 214's three-year general limitation. § 50-i then gives one year and 90 days from accrual to actually commence the lawsuit.
- Tex. Civ. Prac. & Rem. Code § 101.101 (Tort Claims Act notice — six months)
Default notice to a Texas governmental unit is due within six months of the incident, but a city or other local unit may set its own notice period by charter or ordinance — no shorter than 30 days. Always check the specific city's charter, not just the state default.
- Fla. Stat. § 768.28 (sovereign immunity — presentment of claims)
A claim against a Florida state agency or subdivision must be presented in writing within three years — the same period as the general negligence limitation, not shorter. But suit cannot be filed until the agency denies the claim or 180 days pass, whichever is first — a waiting requirement, not a shorter deadline.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.