A fall may seem minor at first—just a slip on a slick floor or a stumble on uneven pavement. But in many cases, the consequences are far more severe. A sudden impact can lead to a traumatic brain injury (TBI) that transforms a person’s life overnight. That’s where the statute of limitations for traumatic brain injuries from slip and fall accidents comes in.
While medical care focuses on healing the brain, there’s another race against time quietly ticking in the background: the legal statute of limitations for traumatic brain injuries from slip and fall accidents.
This legal time limit determines how long a person has to pursue justice through a personal injury lawsuit. And if it’s missed, no matter how valid the injury or strong the evidence, the door to compensation could close forever.
What Is the Statute of Limitations for TBI Claims?
An experienced personal injury attorney can explain the traumatic brain injury laws and the requirements for a traumatic brain injury lawsuit.
However, such brain injury claims can be more complex, can you imagine? One thing that matters the most in traumatic brain injury cases is the time limit for the injured person. Let’s discuss why.
Why This Time Limit Matters More Than You Might Think
Brain injuries often develop silently. What begins as dizziness or forgetfulness can evolve into full-blown cognitive decline or permanent disability. As victims deal with medical treatment, therapy, and emotional upheaval, the last thing on their minds may be paperwork or deadlines. Yet, that’s exactly what the law demands.
Each state sets its own statute of limitations for personal injury cases, including TBIs. In most cases, the window is two to three years, with many states applying a three-year statute.
This countdown usually starts the day the injury occurs. Missing this deadline, even by one day, can mean forfeiting all legal rights to pursue compensation.
But what if symptoms appear later? That’s where exceptions like the “discovery rule” come in—allowing extra time if the effects of the injury were not immediately clear. Still, these exceptions are limited, and relying on them without legal guidance is risky.
Understanding the statute of limitations is not just a technical detail—it’s the legal heartbeat of every TBI case. It dictates whether the path to justice remains open or shuts abruptly, regardless of suffering or loss.
Common Causes of TBIs and When Legal Claims Apply
More Than Just Falls: Recognizing Situations That Trigger Liability
The human brain is delicate, and a single traumatic blow can have devastating consequences. While TBIs can happen anywhere, not every injury leads to legal responsibility. Identifying when another party’s actions—or inactions—caused the injury is the first step toward building a strong case.
Here are the most frequent situations that result in TBIs where legal proceedings may be appropriate:
Slip and Fall Accidents
Public places, workplaces, rental properties, and businesses have a legal duty to maintain safe conditions. When wet floors, poor lighting, or broken stairs cause someone to fall, and a TBI results, the at-fault party may be held responsible. Premises liability also falls under the same category and is a popular reason for personal injury claims.
These cases often involve clear violations of safety laws or building codes, and victims may qualify for compensation covering medical expenses, physical therapy, and lost wages.
Motor Vehicle Accidents
TBIs from car accidents are often caused by blunt force trauma or sudden stops. Even with airbags, the brain can jolt inside the skull, leading to lasting damage. When reckless or distracted driving is involved, the injured party can file a personal injury claim.
Many states apply strict liability rules in motor vehicle accidents, which can strengthen the legal case. The same applies to motorcycle accidents and semi truck accidents, resulting in legal proceedings for TBI. If it is because of someone else’s negligence, you deserve compensation.
Workplace Accidents
Dangerous work environments, heavy equipment, or unsafe scaffolding can all contribute to TBIs. In these cases, injured workers may receive workers’ compensation, but also have the right to file separate legal claims against third parties, such as contractors or property managers.
The Americans with Disabilities Act (ADA) may also support the need for reasonable accommodations after the injury.
Medical Malpractice
When doctors misdiagnose, delay treatment, or make surgical errors, TBIs can result. In these cases, medical professionals may be liable for medical malpractice.
These are complex lawsuits involving specific medical timelines and often shorter statutes of limitation, requiring urgent attention.
Sports Injuries or Assault
Coaches, institutions, and organizations have a duty to protect players. When they fail to take action after signs of concussion or repeated trauma, they may be held accountable. Similarly, TBIs from physical assault can also lead to both civil and criminal legal action.
Proving a TBI Case and Building Toward Compensation
A TBI doesn’t always show up on a scan. Symptoms like memory problems, mood swings, or difficulty concentrating may not be visible, but are no less real. That’s why building a legal case requires more than just diagnosis—it demands proof of impact on every aspect of life. This is why victims seek compensation in the first place for damages and other injuries.
These are the five core areas that must be documented to make a compelling legal case:
Medical Records
These serve as the foundation. From emergency room visits to long-term neurological assessments, medical records document the presence, severity, and persistence of the TBI. They also help establish connections between the incident and the injury, a key requirement in personal injury claims.
Evidence of Economic Loss
TBIs often prevent people from working or reduce their earning potential. Wage loss statements, tax filings, and employer letters quantify the financial damage. This also includes ongoing care, projected rehabilitation programs, and future medical treatment.
Witness Statements
Bystanders who saw the fall or accident can help verify negligence. Whether it’s a coworker who saw the unsafe ladder or a customer who saw a spill left unattended, these statements help confirm the responsible party’s fault.
Expert Testimony
TBI-related claims are often supported by neurologists, psychologists, and therapists. These professionals provide insight into how the injury affects cognitive and physical function, backing up the claim for non-economic damages like pain, loss of joy, and relationship strain.
Visual or Physical Evidence
Photos of the accident site, footage from security cameras, or reports from animal control (in attack-related cases) help prove the environment or conditions that led to the injury. Combined with medical data, this strengthens the link between the party’s negligence and the victim’s suffering.
The Legal Role of an Attorney in TBI Cases
When Complexity and Urgency Meet, Legal Support Becomes Crucial
TBI cases are not routine. They involve layers of legal, medical, and emotional complexity, and the stakes are often lifelong. At the same time, the clock on the statute of limitations for traumatic brain injuries from slip and fall accidents is always ticking.
Here’s how an attorney builds and protects your case:
Ensures Filing Within Legal Deadlines
Understanding when the clock starts, which statute applies, and whether exceptions are valid is key. Your attorney ensures your legal action is filed before it’s too late.
Calculates the Full Extent of Damages
From medical bills and lost income to punitive damages in severe cases, attorneys understand how to present a complete, well-supported compensation claim.
Coordinates All Legal Claims
If the case involves medical malpractice, workplace accidents, or wrongful death, there may be overlapping claims. An experienced attorney will file the right suits against the right parties without making too many attempts that delay results.
Leverages Legal Protections Like the ADA and TBI Act
The TRAUMATIC BRAIN INJURY ACT provides research and rehabilitation support, while the ADA ensures legal protections for individuals suffering long-term effects. These laws can be used strategically in TBI litigation.
When a TBI Leads to Wrongful Death
When Loss Becomes Permanent, Legal Options Expand
Sometimes, the worst-case scenario becomes real. A TBI can cause complications that ultimately result in death. In these tragic cases, family members may file a wrongful death claim on behalf of the deceased.
Here’s what they may be entitled to:
- Compensation for final medical care and emergency medical expenses
- Funeral and burial costs, which can be recovered through the claim
- Lost future income and benefits that the deceased would have provided
- Emotional distress suffered by surviving family members
Every state has its own statute of limitations for wrongful death, and the countdown is often different from standard injury claims. Acting promptly is essential.
Free Consultation With Bourassa Law Group For Traumatic Brain Injury Cases
Don’t let the statute of limitations for traumatic brain injuries from slip and fall accidents expire while you focus on recovery. If you or someone you love has suffered a TBI, you may be entitled to compensation, but time is running out.
The Bourassa Law Group has extensive experience handling TBI claims, personal injury cases, and wrongful death lawsuits. We know what it takes to gather evidence, prove negligence, and pursue the financial compensation you deserve.
Contact Bourassa Law Group today for a free consultation. Let us fight for your legal rights—before your time runs out.
1-800-870-8910