Laws for Traumatic Brain Injury Cases
What Are Traumatic Brain Injury Laws?
No single law specifically addresses traumatic brain injuries, but victims benefit from a combination of federal policies, state statutes, and case law that define how victims can access care, recover compensation, and hold liable parties accountable after a brain injury.
The Traumatic Brain Injury Act: Federal Support for Victims
The Traumatic Brain Injury Act, signed into law in 1996, provides federal funding for research, prevention programs, and state-based rehabilitation initiatives. Studies funded through this Act have been used in personal injury cases to show the long-term effects of traumatic brain injuries and the care victims require. Resources supported by this funding include therapies, counseling, and case management services that help victims regain independence.
State Laws and Accountability in TBI Cases
State laws contribute to the process for holding negligent parties responsible, establish deadlines for filing claims, outline how fault is proven, and provide the criteria for recovering damages, like medical expenses and lost wages. Personal injury attorneys rely on these laws to develop cases that accurately represent the full scope of a victim’s injury and its consequences.
Legal Precedents Shaping TBI Cases
Legal precedents play a critical role in shaping how laws apply to TBI claims. For example, in Bennett v. United States, Washington’s Supreme Court struck down an eight-year statute of repose for medical malpractice claims, citing it as unconstitutional under the state’s privileges and immunities clause. This decision ensures that victims, including those with delayed diagnoses like TBIs, are not unfairly barred from pursuing compensation when their injuries become apparent after the statutory time limit. By challenging restrictive laws, cases like Bennett provide greater access to justice for TBI victims and highlight the importance of legal advocacy in addressing long-term injuries.
Federal and state laws, along with key legal precedents, provide victims with the tools to pursue justice and secure the financial resources needed to recover after a brain injury. The sections that follow explore how these laws, statues and precedents shape personal injury cases and provide critical support for victims.
The Traumatic Brain Injury Act
What Is the TBI Act?
The Traumatic Brain Injury Act was first passed in 1996 to address the growing public health issue of TBIs. The Act provides funding for prevention programs, research initiatives, and state-level support systems to help victims recover and reintegrate into society.
Key Provisions of the Act
- Centers for Disease Control and Prevention (CDC): Conducts national TBI surveillance and funds public education programs to reduce injury rates.
- National Institutes of Health (NIH): Advances scientific understanding of TBI causes, treatments, and outcomes through research.
- Health Resources and Services Administration (HRSA): Provides grants to states for developing TBI care systems, including rehabilitation programs and case management services.
Connection to Personal Injury Cases
The TBI Act’s resources play a direct role in personal injury cases. For example, brain injury attorneys may use CDC data to demonstrate the societal and economic burden of TBIs, helping to justify claims for long-term care or wage loss. HRSA-funded programs also serve as evidence of the ongoing care victims require to help strengthen the case for compensation.
The Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act of 2024
Building on the original Traumatic Brain Injury Act, the Dennis John Benigno Traumatic Brain Injury Program Reauthorization Act of 2024 further enhances federal support for TBI victims by reauthorizing and expanding key programs through 2029. The legislation prioritizes prevention, data collection, advocacy, and rehabilitation services for those affected by TBIs.
Key Provisions of the Reauthorization Act:
CDC Initiatives on Prevention and Awareness:
- Continued funding for national TBI surveillance to track injury trends and identify risk factors.
- Support for public awareness campaigns aimed at reducing TBI incidents.
Administration for Community Living (ACL) Programs:
- Grants to improve access to rehabilitation, counseling, and other critical services for TBI victims.
- Dedicated funding for legal advocacy and protection programs for TBI survivors.
Designation of Brain Injury as a Chronic Condition:
- A CDC-led evaluation of existing evidence on brain injuries and their long-term effects.
- A forthcoming report may influence healthcare policies, resource allocation, and the legal recognition of TBIs as chronic conditions.
How This Legislation Impacts Personal Injury Cases:
The Reauthorization Act strengthens personal injury claims involving TBIs in several ways:
- Expanded Rehabilitation Services: Victims gain access to comprehensive resources that address long-term care needs, supporting legal claims for future expenses.
- Detailed Data Collection: Attorneys can leverage updated national data on TBI prevalence and severity to demonstrate the societal and financial burden of these injuries in court.
- Chronic Condition Designation: If TBIs are recognized as chronic conditions, it could reshape how compensation is calculated, particularly for lifelong care and rehabilitation.
The Dennis John Benigno Act expands the resources available to TBI victims by addressing gaps in long-term care, advocacy, and data collection. For personal injury cases, this legislation provides attorneys with stronger evidence to calculate future costs and demonstrate the ongoing effects of brain injuries.
State Personal Injury Laws Relevant to TBI Cases
Statutes of Limitations
State laws set deadlines for filing personal injury claims, including TBI cases. For example in Texas, victims typically have two years from the date of the injury to file a lawsuit. Missing this deadline can prevent victims from pursuing compensation.
Some exceptions apply depending on the circumstances. If the injury wasn’t immediately diagnosed, or if the victim is a minor, the statute of limitations may be paused (tolled). For cases involving government entities, much shorter deadlines may be in place, sometimes requiring claims to be filed within months of the injury.
Comparative Negligence Rules
Fault percentages in TBI cases are calculated using evidence like accident reports, witness statements, and expert opinions. Insurance companies might argue that a victim’s share of fault is higher to reduce the amount they have to pay.
State laws have different rules about when victims can no longer recover compensation. In some states, under comparative negligence rules, victims cannot receive money if they are found to be 50% at fault for the accident. In others, recovery is only barred if the victim is more than 50% at fault. The specific threshold can make a big difference in how much victims can recover.
Caps on Damages
Many states place limits on non-economic damages in personal injury cases, which cover losses like pain and suffering. In Texas, for example, non-economic damages are capped at $250,000 in medical malpractice claims, but no such limit applies to general personal injury cases. These caps vary by state and case type, meaning the total compensation available to TBI victims can depend on where the claim is filed. For cases involving medical malpractice or claims against government entities, damage caps may significantly affect the final recovery amount.
Laws Governing Liability in TBI Cases
Proving Negligence
Negligence is a cornerstone of most TBI cases. Attorneys must show:
- The at-fault party owed a duty of care (e.g., a driver must follow traffic laws).
- They breached that duty (e.g., texting while driving).
- The breach caused the TBI.
- The injury resulted in measurable damages, such as medical bills or lost income.
Premises Liability Laws
Property owners can be held liable for TBIs caused by unsafe conditions, such as wet floors or broken railings. Liability requires showing that the property owner knew—or should have known—about the hazard and failed to take action to fix it.
Product Liability Laws
When defective products, such as helmets or car airbags, cause TBIs, product liability laws come into play. Victims may be able to file claims against manufacturers, distributors, or retailers for producing or selling unsafe products.
Federal Disability Laws Protecting TBI Victims
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against people with disabilities, including those with long-term impairments caused by traumatic brain injuries (TBIs). Employers are required to provide reasonable accommodations, which could include adjusted work schedules, modified tasks, or changes to physical accessibility. Public spaces and private businesses must also implement accommodations to ensure TBI survivors can access services and maintain independence.
ADA protections provide direct support to victims and can also strengthen personal injury cases. Attorneys may use required accommodations to show how a TBI limits a victim’s ability to work or engage in normal activities. Clear evidence of the impact on daily life can help support claims for ongoing care and financial losses.
Rehabilitation Act of 1973
The Rehabilitation Act of 1973 guarantees access to federally funded rehabilitation services for people with disabilities, including TBI survivors. Key services provided under the Act include:
- Vocational training to support reentry into the workforce.
- Physical and occupational therapy to improve mobility and coordination.
- Case management to develop individualized recovery plans.
Rehabilitation programs funded through this Act highlight the extensive care and recovery efforts required after a severe TBI. Attorneys may reference the cost and scope of rehabilitation services to calculate long-term care expenses and demonstrate the injury’s impact in compensation claims.
Individuals with Disabilities Education Act (IDEA)
Children with TBIs are protected under IDEA, which mandates access to customized education plans. Schools are required to offer accommodations to address physical and cognitive impairments, including:
- Assistive technologies to aid learning.
- Additional academic support, such as one-on-one tutoring.
- Adjusted curriculums to match the child’s abilities.
Accommodations provided under IDEA help children with TBIs access the educational support they need to succeed. In personal injury cases, attorneys may reference these protections to show how the injury affects a child’s education and future prospects. Evidence of these impacts can support claims for long-term care and development resources.
Criminal Laws That Intersect with TBI Cases
DUI and Reckless Driving Laws
Drunk or reckless drivers who cause TBIs may face criminal charges. Criminal convictions often serve as evidence of fault in personal injury cases, helping victims establish liability and support their claims for compensation.
Assault and Battery Statutes
Intentional acts, such as physical assaults, that result in TBIs can lead to both criminal penalties and civil lawsuits. Victims may be able to pursue compensation for their injuries in addition to the criminal consequences faced by the perpetrator.
Compensation Laws for TBI Victims
Compensation in TBI cases is governed by general personal injury laws rather than specific statutes. Key elements include:
Economic Damages
Economic damages compensate victims for measurable losses, such as:
- Medical expenses, including surgeries and rehabilitation.
- Lost wages during recovery.
- Future care costs for severe injuries requiring long-term assistance.
Non-Economic Damages
These damages address the emotional and psychological effects of TBIs, including:
- Pain and suffering.
- Loss of enjoyment of life.
- Emotional distress.
Punitive Damages
Punitive damages may be awarded in cases involving gross negligence, such as drunk driving accidents. Courts assign these damages to punish the at-fault party and discourage others from engaging in similar reckless behavior.
Examples of How Laws Interact in TBI Cases
Real-world cases illustrate how different laws come together to support TBI victims and their claims:
- Using Federal Disability Protections: In a case involving a TBI victim unable to return to work, attorneys highlighted ADA-required accommodations to show how the injury disrupted employment. This evidence supported claims for lost wages and future care costs.
- Premises Liability and Unsafe Conditions: A victim who suffered a TBI after falling on a wet floor secured compensation when their attorney demonstrated that the property owner failed to address a known hazard. Evidence of prior complaints helped establish negligence.
- Product Liability and Defective Helmets: A TBI caused by a defective bicycle helmet led to a claim against the manufacturer. Testing reports and expert testimony showed the product failed to meet safety standards, resulting in a settlement for medical expenses and long-term care.
- Leveraging the TBI Act for Workplace Injury Claims: In a case involving a construction worker with a severe TBI, attorneys used CDC data funded by the TBI Act to demonstrate the long-term costs of care. State-supported rehabilitation services were also cited to highlight the victim’s ongoing needs, strengthening the claim for substantial compensation.
Why Laws Matter in TBI Cases
Federal and state laws provide pathways for TBI victims to recover compensation and access necessary care. Attorneys use statutes and precedents to highlight the full impact of the injury, including financial losses and ongoing medical needs. A well-prepared case can secure the resources victims need to move forward with their recovery.
If you or a loved one has suffered a traumatic brain injury, contact Loewy Law Firm today. Our experienced attorneys are dedicated to securing the compensation you need to rebuild your life. Call 512-280-0800 for a free consultation and take the first step toward justice.
References and Additional Reading
https://www.congress.gov/bill/118th-congress/house-bill/7208