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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Traumatic Brain Injury Claims

United States (federal and general)Last reviewed 18 September 2026

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?

Yes, if it was caused by someone's negligence and you have medical evidence of the injury and its effects. The claim's value depends on how long symptoms last and how they affect your work and life.

What if my scans are normal?

That is common in a mild TBI. Neuropsychological testing, specialist evaluations and evidence of a change in function can still prove the injury.

What experts are used in TBI cases?

Neurologists, neuropsychologists, rehabilitation physicians, life-care planners and vocational and economic experts to quantify future costs and lost earning capacity.

Can a family member bring the claim?

If the injured person lacks capacity, a guardian or conservator may bring it, and court approval of a settlement is usually required. Family members may also have loss-of-consortium claims in some states.

Is there an extended deadline for a child with a brain injury?

Many states toll the limitation period for minors until they reach adulthood, but the rules vary, and some claims, such as those against government bodies or medical providers, have separate limits.

Can I get a brain injury lawyer without paying upfront?

Usually, yes. Most personal injury attorneys work on a contingency fee: they are paid a percentage of the recovery only if the case succeeds, and the percentage, and whether it is calculated before or after case costs, is set out in a written agreement. Ask which order applies before you sign, because it changes your net recovery.

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Where 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.

  1. 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.

  2. Cornell LII — contingency fee
  3. 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.

  4. 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.

  5. 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.

  6. 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.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Cross & York what happened and get a free, no-obligation review of your situation.

  • Free, no-obligation case review: you decide what happens next
  • Fees for injury cases are commonly contingent, so you pay nothing upfront if the firm accepts your case
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Where 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 2 August 2026.

  1. 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.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

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 2 August 2026. Next review due 2 February 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.