Head Injuries From Assault

Quick answer

The CDC lists assault among the most common causes of traumatic brain injury and identifies survivors of intimate partner violence as a group at greater risk of dying or having long-term health problems after a TBI.[1] Every state has a crime victim compensation program,[2] and depending on the facts, civil claims may be possible against the attacker, a property owner whose security was inadequate, or a business that served alcohol.[3][4]

Assault and head injury

The CDC lists assaults, along with falls, firearm-related injuries and motor vehicle crashes, as the most common ways people get a TBI.[1] At work, a study of fatal occupational TBIs from 2003 to 2008 found that assaults and violent acts caused 20% of those deaths.[5]

The CDC reports that more than 1 in 3 women and more than 1 in 6 men have experienced contact sexual violence, physical violence or stalking by an intimate partner during their lifetimes,[6] and it lists survivors of intimate partner violence among groups at greater risk after a TBI.[1]

Crime victim compensation

The Office for Victims of Crime (OVC) reports that every state, the District of Columbia, the U.S. Virgin Islands, Puerto Rico and Guam has a crime victim compensation program that can reimburse costs such as medical care, counseling and lost wages.[2] OVC describes these programs as “payers of last resort.”[7] See crime victim compensation.

Civil claims

Against the attacker. A civil claim against the person who caused the injury seeks compensatory damages, which can cover direct costs such as medical care and lost wages and indirect losses such as pain and suffering.[8]

Against a property owner. When an assault happens at a business, the injured person’s status as an invitee can matter. LII describes the duty owed to invitees as “reasonable care to keep the premises in a reasonably safe condition.”[3] Whether that duty extends to preventing criminal acts by third parties depends on state law.

Against an alcohol seller. LII explains that dram shop laws “hold alcohol-serving businesses liable when they serve visibly intoxicated or underage patrons who later cause harm.”[4] Whether a state has a dram shop law, and its limits, vary.

Assaults at work

An assault on the job may be covered by workers’ compensation.[9] See workers’ compensation.

Filing deadlines, shared-fault rules and insurance minimums are set by state law. Our state law pages quote the governing statutes for each state we cover.

This page provides general information from the sources listed below. It is not legal or medical advice, and reading it does not create an attorney-client or provider-patient relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. Centers for Disease Control and Prevention. “Facts About TBI.” https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/index.html
  2. Office for Victims of Crime, U.S. Department of Justice. “Victim Compensation.” https://ovc.ojp.gov/topics/victim-compensation
  3. Legal Information Institute, Wex. “Invitee.” https://www.law.cornell.edu/wex/invitee
  4. Legal Information Institute, Wex. “Dram shop rule.” https://www.law.cornell.edu/wex/dram_shop_rule
  5. “The epidemiology of fatal occupational traumatic brain injury in the U.S.” American Journal of Preventive Medicine, 2011;41(1):61-67. CDC Stacks. https://stacks.cdc.gov/view/cdc/192490
  6. Centers for Disease Control and Prevention. “About Intimate Partner Violence.” https://www.cdc.gov/intimate-partner-violence/about/index.html
  7. Office for Victims of Crime. National Victim Assistance Academy, Chapter 9, “Crime Victim Compensation.” https://ovc.ojp.gov/sites/ovc/files/pubs/OVC_Archives/nvaa/ch09comp.htm
  8. Legal Information Institute, Wex. “Damages.” https://www.law.cornell.edu/wex/damages
  9. Legal Information Institute, Wex. “Workers’ compensation.” https://www.law.cornell.edu/wex/workers_compensation

Sources last checked: October 11, 2026