Traumatic brain injury (TBI) is a major cause of death and disability in the United States. These personal injuries are often the subject of legal liability claims arising from motor vehicle accidents, physical altercations (fights), and other incidents that may create liability.

Persons who survive a TBI can face effects that last a few days, or the rest of their lives. Effects of TBI can include impairments related to thinking or memory, movement, sensation (vision or hearing), or emotional functioning (personality changes, depression).

A TBI is caused by a bump, blow, or jolt to the head 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 (a brief change in mental status or consciousness) to severe (an extended period of unconsciousness or memory loss after the injury). Most TBIs that occur each year are mild, commonly called concussions.

The leading cause of TBI-related emergency department (ED) visits vary by age:

• Falls are the leading cause of ED visits among young children aged 0 to 4 years and older adults 65 years and older.

• Being struck by or against an object are highest among those 5 to 14 years of age.

The leading cause of TBI-related hospitalizations also vary by age:

• Falls are the leading cause of hospitalizations among children 0 to 17 years and adults 55 years of age and older.

• Motor vehicle crashes are the leading cause of hospitalizations for adolescents and adults aged 15 to 44 years of age.

In Massachusetts, traumatic brain injury (TBI) is recognized as a serious health concern and can be the basis for legal liability claims, particularly when it results from negligence or intentional acts of others. State statutes may allow individuals who have suffered a TBI due to someone else's actions, such as in motor vehicle accidents or physical altercations, to seek compensation through personal injury lawsuits. These claims can cover medical expenses, lost wages, pain and suffering, and long-term care costs. The severity of the TBI, ranging from mild concussions to severe brain damage, will significantly influence the legal approach and potential damages awarded. Massachusetts law requires that personal injury claims, including those for TBI, be filed within a specific time frame, known as the statute of limitations. For personal injury claims in Massachusetts, this period is generally three years from the date of the injury. It is important for individuals affected by TBI to consult with an attorney to understand their rights and the relevant legal processes in the state.