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 Pennsylvania (PA), traumatic brain injury (TBI) is recognized as a serious health concern that can lead to legal liability claims. When a TBI is the result of another party's negligence or intentional act, such as in motor vehicle accidents or physical altercations, the injured party may seek compensation through a personal injury lawsuit. Pennsylvania law allows for the recovery of damages including medical expenses, lost wages, and compensation for pain and suffering. The statute of limitations for personal injury claims in PA is generally two years from the date of the injury, but this can vary depending on the specific circumstances of the case. In cases involving TBI, it is crucial to establish the extent of the injury and its long-term effects, which often requires expert medical testimony. Attorneys handling TBI cases must be well-versed in both the medical aspects of the injury and the legal framework for establishing liability and damages.