Head Injury Claims by Cause

Overview

The CDC reports that people most commonly get traumatic brain injuries from a fall, a firearm-related injury, a motor vehicle crash or an assault, and that falls lead to nearly half of TBI-related hospitalizations.[1] How a head injury happened largely determines which legal and insurance options apply: a crash may involve auto insurance and a negligence claim, a work injury involves workers’ compensation, and an assault may qualify for crime victim compensation.

Head injuries by cause

Car crashes

Medical: The CDC lists motor vehicle crashes among the most common causes of TBI.[1]

Legal: Liability, MedPay, PIP and uninsured motorist coverage may apply, and no-fault rules limit lawsuits in 12 states and Puerto Rico.[2] See auto insurance claims.

Motorcycle crashes

Medical: Riders have little protection for the head beyond a helmet.

Legal: The same auto coverages may apply. If the other side argues the rider was partly at fault, the state’s shared-fault rule determines the effect.[3]

Bicycle and e-scooter crashes

Medical: Riders hit by vehicles or thrown by road hazards can strike their heads on pavement.

Legal: Claims may run against a driver, a property owner or a government entity responsible for the road. See claims against the government.

Falls

Medical: Falls lead to nearly half of TBI-related hospitalizations, and older adults are more likely than any other age group to be hospitalized for or die from a TBI.[1]

Legal: A fall on someone else’s property may support a negligence claim against the owner;[4] a fall at work is generally covered by workers’ compensation.[5]

Assault

Medical: The CDC lists assault among the most common causes of TBI.[1]

Legal: Every state has a crime victim compensation program,[6] and a civil claim may be possible against the attacker or a negligent property owner. See crime victim compensation.

Workplace injuries

Medical: Falls, struck-by incidents and work vehicle crashes can all cause head injuries on the job.

Legal: Workers’ compensation is generally the exclusive remedy against the employer,[7] but a claim against a third party may also be possible. See third-party claims.

Sports concussions

Medical: Concussions are common in contact and collision sports. See sports concussions.

Legal: Every state and the District of Columbia has a youth sports concussion law.[8] Claims can arise when an athlete is returned to play too soon or when safety rules are not followed.

When a head injury is fatal

The CDC reports 68,663 TBI-related deaths in the United States in 2023.[9] Firearm-related suicide is the most common cause of TBI-related death.[1] When a death is caused by another’s negligence, state law allows wrongful death and survival claims. See wrongful death.

Groups at greater risk

The CDC states that anyone can experience a TBI, but some groups are at greater risk of dying or having long-term health problems after one, including racial and ethnic minorities, service members and veterans, people experiencing homelessness, people in correctional and detention facilities, survivors of intimate partner violence, and people living in rural areas.[1] Veterans with a service-connected TBI may be eligible for VA disability compensation. See VA disability for TBI.

Options that apply regardless of cause

Some options depend on the effect of an injury rather than how it happened. Social Security disability benefits are available when an impairment prevents substantial gainful activity for at least 12 months,[10] whatever the cause.

Learn more: Legal options · Proving a head injury

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. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
  3. Legal Information Institute, Wex. “Comparative negligence.” https://www.law.cornell.edu/wex/comparative_negligence
  4. Legal Information Institute, Wex. “Negligence.” https://www.law.cornell.edu/wex/negligence
  5. Legal Information Institute, Wex. “Workers’ compensation.” https://www.law.cornell.edu/wex/workers_compensation
  6. Office for Victims of Crime, U.S. Department of Justice. “Victim Compensation.” https://ovc.ojp.gov/topics/victim-compensation
  7. U.S. Department of Labor, OWCP. Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 905, 933. https://www.dol.gov/agencies/owcp/dlhwc/lhwca
  8. National Federation of State High School Associations. “Legal Perspectives, Recommendations on State Concussion Laws.” https://nfhs.org/stories/legal-perspectives-recommendations-on-state-concussion-laws
  9. Centers for Disease Control and Prevention. “TBI Data.” https://www.cdc.gov/traumatic-brain-injury/data-research/index.html
  10. Social Security Act § 223, “Disability Insurance Benefit Payments.” https://www.ssa.gov/OP_Home/ssact/title02/0223.htm

Sources last checked: October 11, 2026

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