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 Texas, 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. Texas law allows individuals who have suffered a TBI as a result of motor vehicle accidents, falls, assaults, or other incidents where another party may be at fault 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 compensation. Texas follows a modified comparative negligence rule, meaning that if the injured party is found to be partially at fault, their compensation may be reduced proportionally. If they are more than 50% at fault, they cannot recover damages. It's important for individuals with TBI or their families to consult with an attorney to navigate the complexities of personal injury law and to ensure their rights are protected.
