Litigating Traumatic Brain Injury Claims

Concussion Litigation Reporter — February 2015

By John S. Jose, of Slack & Davis, L.L.P. and Kristy May, RN, BSN, Slack & Davis, L.L.P.

(Editor’s note: What follows is the introduction to full-length article about “Litigating Traumatic Brain Injury Claims. To see the full article, you must be a subscriber to Concussion Litigation Reporter. For the link to the full article, click here:


John Jose

John S. Jose

Social forces over the last decade have driven public awareness (and acceptance) of traumatic brain injuries. (Figures 1 and 2) More particularly, the Gulf Wars with their multitude of IED-related blast injuries, and the NFL players’ claims for sports-related head injuries have brought publicity to the nature and devastating long-term effects of insults to the brain. These same forces have driven scientific research and medical advances in the diagnosis, treatment, and understanding of traumatic brain injuries.  Public awareness and scientific means of objective verification of these injuries have likewise entered the courtrooms of this country.  According to the Centers for Disease Control and Prevention, traumatic brain injury (TBI) is a serious health problem in the United States.  Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability.  Studies have estimated that nearly 1.6 million TBI’s occur in the United States every year, resulting in over 50,000 deaths and over 70,000 patients with permanent neurological deficits.  This paper is intended to provide a basic framework for personal injury law practitioners to assist in the recognition, evaluation, preparation, and presentation of traumatic brain injury claims.  This paper will concentrate particularly on “mild” traumatic brain injury (mTBI) claims.

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