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 West Virginia (WV), 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. West Virginia 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 WV is generally two years from the date of the injury, which means that legal action must be initiated within this timeframe. In cases involving TBI, it is crucial to establish the cause of the injury, the extent of the damages, and the liability of the responsible party. An attorney specializing in personal injury or TBI cases can provide guidance on the legal process, help gather necessary evidence, and represent the injured party's interests in court or settlement negotiations. It's important to note that the severity of a TBI, ranging from mild concussions to severe brain damage, will significantly impact the legal approach and potential compensation.