Traumatic Brain Injury Cases in Delaware in DE… | CGMIMM
Personal Injury · DE
Traumatic Brain Injury Cases in Delaware
Delaware traumatic brain injury (TBI) cases involve catastrophic damages, often-invisible symptoms, and 2 years statute of limitations.
Published May 7, 2026
## Traumatic brain injury cases in Delaware
Traumatic brain injuries (TBIs) range from mild concussions to severe cases requiring lifetime care. Delaware TBI cases get a 2 years statute of limitations.
## Common causes
- **Motor vehicle accidents** — leading cause of TBI
- **Falls** — especially in older adults and young children
- **Sports / recreation** — concussions, repeated impacts
- **Assaults / violence** — including gunshot wounds
- **Workplace incidents** — falling objects, machinery, falls
- **Medical malpractice** — anesthesia errors, surgical errors, missed strokes, birth injuries
- **Defective products** — bicycle helmets, vehicle airbags, sports equipment
- **Military / blast injuries**
## Three severity levels
**Mild TBI / concussion:**
- Brief loss of consciousness (less than 30 minutes)
- Glasgow Coma Scale 13-15
- Often called "concussion"
- Symptoms can persist for months or years (post-concussive syndrome)
- Often missed by emergency rooms or initial doctors
**Moderate TBI:**
- Loss of consciousness 30 minutes to 24 hours
- Glasgow Coma Scale 9-12
- Significant cognitive / behavioral changes
- Often requires extensive rehabilitation
**Severe TBI:**
- Loss of consciousness more than 24 hours
- Glasgow Coma Scale 3-8
- Often results in lifelong disability
- Lifetime care needs
- Highest mortality and disability rates
## Common symptoms
**Cognitive:**
- Memory problems (short-term especially)
- Concentration / attention difficulties
- Slowed processing speed
- Executive function deficits
- Word-finding difficulties
- Problem-solving deficits
**Physical:**
- Headaches (chronic)
- Dizziness / balance problems
- Fatigue
- Sleep disturbances
- Nausea / sensitivity to light and sound
- Vision / hearing changes
- Seizures
**Emotional / behavioral:**
- Mood swings
- Depression / anxiety
- Personality changes
- Irritability / anger
- Impulsivity
- Decreased social filter
**Long-term:**
- Increased risk of dementia / Alzheimer's
- Chronic Traumatic Encephalopathy (CTE) from repeated injuries
- Higher suicide rates
- Substance abuse vulnerability
## The "invisible injury" problem
TBIs often don't show on standard MRIs / CT scans — particularly mild TBI / concussions:
- Diffuse axonal injury microscopic damage
- Functional changes without structural damage
- Symptoms develop or worsen over time
- Patients look fine to lay observers
- Insurance companies / juries may doubt the injury
Specialized testing required:
- **DTI (diffusion tensor imaging)**
- **PET scan**
- **fMRI**
- **Neuropsychological testing** (gold standard for cognitive deficits)
- **Vestibular testing**
- **Day-in-the-life videos**
## Damages typically pursued
**Economic:**
- Past and future medical care
- Cognitive and physical rehabilitation
- Vocational rehab
- Lost wages
- Lost earning capacity (often substantial)
- Attendant care / supervision
- Special education / tutoring
- Modified housing / vehicle
**Non-economic:**
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Personality / cognitive changes
- Loss of consortium for family members
## Critical experts
- **Neurologist** — diagnosis and prognosis
- **Neuropsychologist** — cognitive testing, baseline establishment
- **Neurosurgeon** — for surgical or post-surgical cases
- **Physiatrist (PM&R)** — rehabilitation
- **Vocational expert** — earning capacity
- **Life care planner** — projecting lifetime needs
- **Economist** — present value of future losses
- **Accident reconstructionist** — for crash / fall cases
- **Day-in-the-life videographer** — capturing daily struggles
## Time-critical issues
- **Early diagnosis** — symptoms develop slowly; document promptly
- **Baseline neuropsychological testing** — within first 90 days when possible
- **Pre-injury records** — school records, employment evaluations, prior medical (essential for proving change)
- **Witness statements** — about pre-injury behavior / personality
- **Symptoms diary** — daily journal of cognitive / physical / emotional issues
## What you should do
If you or a loved one has suffered a brain injury in Delaware: get specialized medical evaluation (neurologist, neuropsychologist), document everything contemporaneously, do NOT post about it on social media, and contact a personal-injury attorney with TBI experience IMMEDIATELY. Most Delaware TBI attorneys offer free consultations and work on contingency. The investment in expert witnesses is substantial; experienced firms front the costs.
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*This guide is general information about Delaware law as of early 2026 and is not legal advice. TBI cases involve complex medical evidence and long-term planning. Talk to a licensed Delaware catastrophic-injury attorney about your specific case.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.