Traumatic Brain Injury (TBI) Claim

A traumatic brain injury (TBI) claim in Minnesota can involve either an open or closed head injury. A closed head injury can be caused by a rapid or violentMinnesota Statute §144.661, subd. 2, defines “traumatic brain injury” as follows:

Traumatic brain injury: means a sudden insult or damage to the brain or its coverings caused by an external physical force which may produce a diminished or altered state of consciousness and which results in the following disabilities:

impairment of cognitive or mental abilities;
impairment of physical functioning; or
disturbance of behavioral or emotional functioning.

These disabilities may be temporary or permanent and may result in partial or total loss of function. “Traumatic brain injury” does not include injuries of a degenerative or congenital nature.

The head does not have to strike something for there to be statutory TBI. A rapid or violent movement if the head is enough to cause traumatic brain injury.