Traumatic brain injury claims must be filed within state-mandated deadlines called statutes of limitations. Missing these deadlines typically bars claims forever, regardless of injury severity or liability strength. TBI cases present unique timing challenges because symptoms may not be immediately recognized as brain injury.

Typical TBI Statute of Limitations

Most states set personal injury statutes of limitations at two to three years from the injury date. However, TBI cases may involve:

  • Standard personal injury deadlines – 2-3 years in most states
  • Shorter government claim deadlines – Often 30-180 days for notice of claims against government entities
  • Medical malpractice deadlines – Often different from general personal injury
  • Product liability deadlines – May include statutes of repose

Special TBI Timing Issues

Delayed Symptom Recognition

TBI symptoms may not be immediately apparent:

  • Adrenaline masks symptoms after accidents
  • Mild TBI symptoms may be attributed to stress or other causes
  • Full impact may not be apparent for weeks or months

Discovery Rule

Some states apply a discovery rule, starting the limitations period when the plaintiff knew or should have known about the injury. This may help when TBI wasn't immediately diagnosed.

Cognitive Impairment

Severe TBI may impair the victim's ability to understand their legal rights or pursue claims. Some states toll (pause) limitations periods during legal incapacity.

Minor Victims

Statutes of limitations for children are typically tolled until they reach adulthood.

Claims Against Government Entities

Government tort claims have extremely short deadlines—often 30-180 days to file administrative claims. Missing these deadlines bars lawsuits even if the general statute of limitations hasn't expired.

Protecting Your Rights

  • Consult an attorney immediately after any head injury
  • Don't assume you have time – Deadlines may be shorter than expected
  • Government claims are urgent – Short notice deadlines apply
  • Document everything – When symptoms began, when TBI was diagnosed

Conclusion

TBI statutes of limitations can be complicated by delayed diagnosis and symptom recognition. The safest course is to consult a TBI attorney as soon as possible after any head injury, ensuring deadlines are identified and protected.