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 Montana, traumatic brain injury (TBI) is recognized as a serious health concern that can lead to legal liability claims, particularly when the injury is due to another party's negligence or intentional acts. State statutes and federal law provide avenues for compensation through personal injury lawsuits. Victims of TBI or their families may seek damages for medical expenses, lost wages, pain and suffering, and long-term care needs. In cases involving motor vehicle accidents, Montana follows a modified comparative negligence rule, which allows for recovery of damages only if the injured party is less than 51% at fault. For TBIs resulting from falls or being struck, premises liability or product liability may apply, depending on the circumstances. It is important for individuals affected by TBI to consult with an attorney to understand their rights and the applicable statutes of limitations for filing a claim. Additionally, Montana may have specific programs or resources dedicated to TBI victims, including state-funded rehabilitation services or support groups.