A sudden blow to the head can change everything. Whether it happens in a car accident, a fall, or another unexpected event, a traumatic brain injury can affect how a person thinks, speaks, feels, and moves. The effects can last days, months, or years, and in some cases, they are permanent.
This article explains what a traumatic brain injury is, what causes it, and what symptoms to watch for. It also covers what legal options may be available when someone else’s negligence caused the injury.
What Is TBI?
A traumatic brain injury is damage to the brain caused by an external force, such as a sudden impact, jolt, or penetrating wound. The injury disrupts normal brain function, which can affect everything from memory and concentration to physical coordination and emotional regulation. Unlike illnesses that develop over time, TBI typically results from a single traumatic event.
TBI stands for traumatic brain injury, a term used by medical professionals, researchers, and legal practitioners to describe a broad category of acquired brain injuries caused by outside physical forces. The word “traumatic” refers to physical trauma rather than emotional trauma, though severe TBI often causes both. Understanding what TBI stands for helps clarify why it is treated differently from strokes, tumors, or other neurological conditions that arise internally.
Severity Levels, Including Severe Traumatic Brain Injury
A traumatic brain injury is generally classified as mild, moderate, or severe based on factors such as loss of consciousness, memory gaps, and imaging results. Mild TBI, often called a concussion, may resolve within a few weeks, while moderate TBI can involve longer periods of unconsciousness and more lasting effects. Severe injury typically involves extended unconsciousness or coma and can result in permanent disability, requiring long-term medical care and support.
Common Causes of Traumatic Brain Injury
Car crashes, as well as truck and motorcycle accidents, are among the leading causes of traumatic brain injuries in the United States. The force of a motor vehicle crash can cause the brain to move violently inside the skull, even when no direct head contact occurs, a mechanism known as a coup-contrecoup injury. Occupants, cyclists, and pedestrians alike face a serious risk of brain injury in traffic crashes.
Falls
Falls are the most frequently reported cause of traumatic brain injuries overall, particularly among young children and adults over 65. A fall from a height, a slip on a wet floor, or a tumble down stairs can produce enough force to injure the brain, even without a visible wound on the head. Construction sites, nursing facilities, and poorly maintained properties are common locations where fall-related brain injuries occur.
Assault and Violence
Acts of physical violence, including child abuse (like shaken baby syndrome), being struck by an object, or being hit during an assault, account for a significant share of traumatic brain injury cases. Sports injuries, particularly blunt force trauma suffered in contact sports like football and hockey, also fall within this category and have received increased attention from researchers and medical professionals. When violence or a dangerous environment caused the injury, questions of legal liability often follow.
Signs and Symptoms of TBI to Recognize
The physical symptoms of TBI can appear immediately after the injury or develop over hours and days. Common symptoms include headache, dizziness, nausea, blurred vision, fatigue, and sensitivity to light or sound. In more serious cases, individuals may experience worsening symptoms like repeated vomiting, seizures, loss of consciousness, or weakness in the limbs.
Emotional Symptoms and Behavioral Changes
TBI frequently affects mood and behavior in ways that can be difficult for both the injured person and their family to understand. Irritability, sudden mood swings, anxiety, depression, and impulsive behavior are all reported symptoms of TBI that may emerge even after a mild injury. These changes can strain relationships and affect a person’s ability to work or function socially, sometimes long after the physical symptoms have eased.
Cognitive Problems After TBI
Neurological disorders after a moderate or severe TBI are among the most disruptive and long-lasting effects of brain injury. Difficulty concentrating, memory problems, slowed thinking, slurred speech, and disturbed sleep patterns are commonly reported by survivors. These issues can interfere with employment, education, and daily decision-making, and they may require ongoing rehabilitation to manage effectively.
Legal Options After a TBI
When a TBI results from someone else’s negligent or wrongful conduct, the injured person may have the right to seek financial compensation through a personal injury claim. Liability can apply to a range of situations, including a driver who caused a crash, a property owner who failed to address a hazardous condition, or an employer who did not maintain a safe work environment. Establishing who is legally responsible is one of the first steps in evaluating whether a claim has merit.
What a Personal Injury Claim May Involve
A TBI claim typically involves gathering medical records, accident reports, expert evaluations, and other evidence that documents the injury and its connection to the responsible party’s conduct. Compensation in these cases may cover medical expenses, lost income, rehabilitation costs, and the broader impact the injury has had on daily life and future earning capacity. Each case is fact-specific, and the value of a claim depends on the particular circumstances and available evidence.
Working with an Attorney After a TBI
Because TBI cases often involve serious injuries, disputed liability, and substantial insurance coverage, having legal guidance can help an injured person understand their rights and options. An attorney can assess the facts, identify potentially liable parties, and handle communications with insurers who may otherwise minimize or dispute the claim. The attorneys at Jacoby and Meyers represent TBI survivors and their families across a range of accident types.
Frequently Asked Questions About TBI
TBI raises a lot of questions, particularly when the injury follows an accident someone else caused. The answers below address some of the most common concerns people have after a brain injury.
Doctors typically diagnose TBI through a combination of physical examination, neurological assessment, and imaging studies such as CT scans or MRIs. The Glasgow Coma Scale is one tool used to measure the severity of a brain injury based on eye, verbal, and motor responses. However, imaging does not always provide an accurate diagnosis of the injury’s severity, so a thorough clinical evaluation remains essential.
Yes, some TBI symptoms do not appear immediately and may develop or worsen over hours or days following the initial injury. This delayed onset is one reason why seeking medical attention promptly after any head injury is strongly recommended, even when the person feels relatively fine at first. Documentation of symptoms as they emerge can also be important if a legal claim is later pursued.
A concussion is classified as a mild TBI, meaning it typically involves a brief disruption of brain function without structural damage visible on imaging. Severe TBI involves longer loss of consciousness, significant structural brain damage, and a much higher likelihood of lasting impairment. While most concussions resolve with rest and monitoring, severe TBI often requires intensive medical intervention and extended rehabilitation.
A TBI can form the basis of a personal injury lawsuit when it results from another party’s negligence, recklessness, or intentional conduct. The injured person must generally show that the other party had a duty of care, breached that duty, and that the breach directly caused the injury and resulting harm. Whether a lawsuit is the right step depends on the specific facts, available evidence, and applicable deadlines.
In New York, the general statute of limitations for personal injury claims is three years from the date of the injury, though exceptions can apply in certain circumstances. Claims against government entities involve shorter deadlines and additional procedural requirements. Speaking with an attorney as soon as possible helps ensure important deadlines are not missed.
Compensation in a TBI case may include reimbursement for medical treatment options already received and anticipated future care, lost wages, diminished earning capacity, and damages for pain and suffering. The Centers for Disease Control and Prevention notes that TBI-related costs can be substantial over a survivor’s lifetime, particularly in severe cases. The specific compensation available depends on the facts of the case and cannot be predicted in advance.
Speak with an Attorney About Seeking Compensation for Your Moderate or Severe TBI
If you or a family member sustained a traumatic brain injury in an accident caused by someone else, understanding your legal options is a reasonable first step. The attorneys at Jacoby and Meyers work with TBI survivors to evaluate their circumstances and explain the claims process. Contact our firm to schedule a consultation and discuss what happened.