Traumatic brain injury also known as, intracranial injury happens when an external force injures the brain. If the traumatic brain injury resulted from another party’s negligence the victim may want to pursue a legal claim against the responsible party. As with most other types of lawsuits, traumatic brain injury cases must be filed within its statutes of limitations.

The statutes of limitations to pursue a lawsuit depends on the state and circumstances. There are situations when shorter or longer time limits may apply. When calculating the time limits, there are many factors that may come into play. If a lawsuit is not filed within the time allowed by law, the claimant risks losing the right to recover money damages.

The following time limits may apply depending on each type of claim:

1. Assault. If the brain injury resulted from an intentional violent assault, the statutes of limitations are only one year to file a claim in civil court.

2. Personal injury. If the traumatic injury brain occurred as a result of someone’s negligence, the statutes of limitations are three years from the date of the injury.

3. Medical malpractice. In cases involving brain injury resulted from birth or due to medical care provider’s negligence there two time limits. The victim can file the claim within five years from the date of injury or three years from its discovery.

4. Wrongful death. Surviving family members of a person who died due to a traumatic brain injury have three years from the date of death to file a claim for wrongful death.

It is in the best interest of the victim to hire an attorney specialized in traumatic brain injury cases. Only such a qualified person is able to protect his/her rights and obtain proper compensation within the limits of time.

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