What Is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) is a disruption in normal brain function caused by a bump, blow, jolt, or penetrating injury to the head. According to the Centers for Disease Control and Prevention (CDC), TBIs range from mild concussions to severe injuries that result in extended unconsciousness, permanent cognitive deficits, or death. Common consequences include memory loss, mood changes, chronic headaches, seizures, and loss of motor function. Even mild TBIs can have lasting effects, and brain injuries often require long-term medical care and rehabilitation.

What Are the Most Common Causes of Traumatic Brain Injuries?

The most common causes of traumatic brain injuries are falls, motor vehicle crashes, assaults, sports impacts, and being struck by or against an object. The CDC identifies falls as the leading cause of TBI-related emergency department visits, while motor vehicle crashes are a leading cause of TBI-related deaths. Workplace accidents, defective products, medical negligence during birth or surgery, and unsafe property conditions can also produce serious brain injuries. When a TBI results from someone else's negligence, the injured person may have a personal injury claim for damages.

How Do I Prove a Brain Injury Lawsuit?

Proving a brain injury lawsuit requires demonstrating duty, breach, causation, and damages. Your attorney must show the defendant owed you a duty of care, breached that duty through negligence or wrongful conduct, and that the breach caused a documented brain injury and resulting damages. Evidence typically includes emergency room records, neurological imaging (CT and MRI), neuropsychological testing, accident reports, witness statements, expert testimony from neurologists and life care planners, and economic evaluations of lost earning capacity. Photographs, video, and physical evidence from the scene strengthen liability proof.

What Compensation Is Available for a Brain Injury?

Compensation for a brain injury may include both economic and non-economic damages. Economic damages cover past and future medical bills, rehabilitation costs, in-home care, lost wages, and reduced earning capacity. Non-economic damages cover pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium for the injured person's family. In cases involving especially reckless conduct, punitive damages may also be available. Because severe TBIs frequently require lifelong care, life care plans prepared by certified planners are commonly used to quantify future costs.

What Is the Statute of Limitations for a Brain Injury Claim?

Brain injury claims are generally subject to a two-year statute of limitations in both Pennsylvania and New Jersey. In Pennsylvania, personal injury actions must be filed within two years of the date of injury under 42 Pa. C.S. § 5524. In New Jersey, the same two-year deadline applies under N.J.S.A. 2A:14-2. For wrongful death claims, the clock runs from the date of death. Special rules apply for minors and for injuries that are not immediately discovered, so prompt consultation with a brain injury attorney is critical to preserve your rights.

Can I Recover Damages for a Mild Traumatic Brain Injury?

Yes, you can recover damages for a mild traumatic brain injury when negligence caused the injury and the injury produced compensable harm. So-called mild TBIs, including concussions, can produce lasting cognitive and emotional impairment, including difficulty concentrating, memory problems, headaches, light sensitivity, sleep disturbance, and mood changes. Documentation from neurologists, neuropsychologists, and treating physicians is essential. Insurance carriers often dispute mild TBI claims, which makes experienced legal representation important to fully present the medical evidence and the impact on daily life.

Who Can Be Held Liable for a Brain Injury?

Liability for a brain injury depends on the circumstances of the incident. Negligent drivers and their insurers can be held liable for crash-related TBIs. Property owners can be liable for falls caused by unsafe conditions. Manufacturers can be liable for defective products such as helmets, vehicles, or playground equipment. Employers and contractors may be liable for unsafe worksites. Healthcare providers can be liable for medical errors. Schools, sports organizations, and assault perpetrators may also bear responsibility. Identifying every responsible party is critical to securing full compensation.

Do I Need an Expert Witness for a Brain Injury Case?

Yes, expert witnesses are typically essential in brain injury cases. Most TBI cases require testimony from a neurologist, neuropsychologist, neuroradiologist, or rehabilitation physician to explain the diagnosis, prognosis, and the link between the incident and the injury. Life care planners and economists testify about future medical needs and lost earning capacity. Accident reconstruction experts may be retained for crash and fall cases. Vocational experts can describe how the injury affects the client's ability to work. Coordinating these experts is one of the most important roles of your attorney.

How Long Does a Brain Injury Lawsuit Take?

A brain injury lawsuit typically takes anywhere from one to three years from filing to resolution, though severe or contested cases may take longer. The timeline depends on the complexity of the medical evidence, the number of defendants, the willingness of insurers to negotiate, and the court's docket. Many TBI cases settle after expert discovery, but some proceed to a jury trial. An experienced attorney prioritizes building a complete medical record and life care plan early in the case to support full-value resolution at the right time.

Can the Family of a Brain Injury Victim File a Lawsuit?

Yes, families of brain injury victims can file claims in several scenarios. If the victim survives but is incapacitated, a guardian or power of attorney can pursue the claim on the victim's behalf. Spouses can typically file separate loss of consortium claims. If the brain injury results in death, the personal representative of the estate can file a wrongful death action. In Pennsylvania, that action is brought under 42 Pa. C.S. § 8301. In New Jersey, the action is filed under N.J.S.A. 2A:31-1.

How Can I Contact a Philadelphia Brain Injury Lawyer?

You can contact Cohen, Placitella & Roth's Philadelphia brain injury lawyers by calling (888) 572-7388 or by visiting the firm's Philadelphia office at 2001 Market Street, Suite 2900, Philadelphia, PA 19103. Free consultations are available for traumatic brain injury, concussion, and catastrophic head injury cases involving negligent drivers, property owners, manufacturers, and other responsible parties.

How Can I Contact a New Jersey Brain Injury Lawyer?

Cohen, Placitella & Roth has two New Jersey offices for brain injury cases. The Red Bank office is located at 127 Maple Avenue, Red Bank, NJ 07701, reachable at (732) 747-9003. The Cherry Hill office is at 601 Longwood Ave, Suite A, Cherry Hill, NJ 08002, reachable at (856) 528-8688. Free consultations are available for individuals and families pursuing brain injury claims.

Philadelphia Brain Injury Attorneys

Our Philadelphia brain injury attorneys seek justice for those whose lives and abilities have been catastrophically altered. Litigating cases in Philadelphia, Pennsylvania, New Jersey, and nationwide.

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Our Brain Injury Lawyers Get the Results You Deserve

While a brain injury can be caused by a wide array of accidents, the resulting impact on you and your family can be life-changing. The initial injury requires emergency medical care, and the need for ongoing treatment often adds to your healthcare costs. Pain, suffering, and other losses can hit your household finances hard — which is especially difficult when you cannot work due to the extent of your brain injury. Whether your injury occurred in Pennsylvania, New Jersey, or elsewhere in the nation, reach out to the experienced lawyers at Cohen, Placitella & Roth. Our attorneys have the experience you need to obtain the highest level of compensation allowable for the damages you or your loved one has sustained.

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Common Types of Brain Injury Cases

Acquired Brain Injury (ABI)

An impairment that occurs at the cellular level that is “acquired” by the victim. An ABI is not due to an external factor — rather, it commonly involves pressure on the brain from a tumor or stroke.

Traumatic Brain Injury (TBI)

This type of harm is caused by an external force, like a blow to the head from a car accident, a slip and fall, or an attack by another person. The impact causes the sensitive tissues of the brain to move inside the skull. The incident may also impair the skull itself, which then damages the brain.

Traumatic Brain Injury Lawyers in Philadelphia

A traumatic brain injury can permanently change a person’s ability to work, communicate, and live independently. If you or a loved one has suffered a serious head injury due to negligence, working with an experienced traumatic brain injury lawyer in Philadelphia can make a critical difference in the outcome of your case.

Traumatic brain injuries often result from car accidents, falls, construction site incidents, medical malpractice, acts of violence, or other sudden impacts that cause the brain to move inside the skull. These injuries may not always be immediately visible, but their long-term consequences can be devastating, requiring ongoing medical treatment, rehabilitation, and lifelong care.

Philadelphia traumatic brain injury cases frequently involve complex liability issues, including claims against drivers, property owners, employers, hospitals, or other institutions. A skilled brain injury attorney can investigate the cause of the injury, work with medical experts to establish the full extent of the damage, and pursue compensation for medical expenses, lost income, diminished quality of life, and future care needs.

Brain Injury Facts

5.3M

Americans currently living with TBI-related disabilities
1M

Americans treated for new TBIs and released from ERs annually
80K

Patients discharged with a TBI-related disability each year
50K

TBI cases that result in deaths annually

Source: International Brain Injury Association

Top Causes of Brain Injuries

Slip and Fall Accidents

Property and business owners have a duty to properly maintain the premises under their control. If their failure to do so leads to the existence of a hazardous condition that causes a brain injury, they may be liable for damages.

Automobile and Motorcycle Accidents

Many Pennsylvania and New Jersey residents are victims of motor vehicle crashes every year, which are among the most common causes of brain injuries. Collisions involving cars, semi-trucks, motorcycles, commercial vehicles, boats, trains, and scooters may generate a significant blow upon impact due to their high rate of speed.

Spinal Cord Injuries

When an infant undergoes blunt force trauma or is subject to a particularly difficult birth, a spinal cord injury can result. Although spinal cord injuries are not especially common among infants, they can result in life-long damage and even paralysis. Sometimes spinal cord injuries occur in infants as a result of undiagnosed spina bifida.

Bicycle Accidents

Even with helmets and padding, bicyclists are vulnerable when they collide with a moving vehicle or large objects. The body isn’t protected by a steel shell as it would be in a car, so the impact is severe and may lead to brain injuries.

Sports Injuries

Participants in a wide variety of sports are at risk of developing a brain injury.

Violence/Assault

Violence is a common cause of brain injuries, and even a minor blow to the head can cause serious damage.

Explosion/Combat Injuries

Military personnel and others dealing with explosives are at high risk of brain injury, as both the explosion itself and any impact on the ground or other surface can seriously damage the brain.

Meet Our Philadelphia Brain Injury Attorneys

Our brain injury lawyers have the expertise and resources to get the settlement you deserve. We understand the lasting impact a brain injury can have physically, emotionally, and financially — and we’ll fight to achieve maximum settlements for your case. While located primarily in Pennsylvania and New Jersey, our brain injury lawyers have fought and won historic victories for brain injury lawsuits, nationally.

Stewart L. Cohen
Shareholder
Stewart L. Cohen is a founding Shareholder at Cohen, Placitella & Roth with more than 30 years of experience in complex civil litigation, including medical malpractice, products liability, workplace accidents, and class actions in Pennsylvania and New Jersey. He has been elected a Fellow of the American Bar Foundation and has secured what was recognized as the Top Settlement or Verdict of 2013 in Pennsylvania, a Top 100 Jury Verdict in the United States, and a Top 20 Recovery in New Jersey.
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Harry M. Roth
Shareholder
Harry M. Roth is a Shareholder at Cohen, Placitella & Roth with a widely recognized record in complex civil litigation, including medical malpractice, product liability, catastrophic personal injury, wrongful death, and pharmaceutical cases. He has achieved numerous multi-million dollar results through jury verdict and settlement, and has been selected by fellow attorneys as one of the Best Lawyers in America®. He served on the Disciplinary Board Committee of the Supreme Court of Pennsylvania from 1994 to 2000.
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Elizabeth M. Amesbury
Member
Elizabeth M. Amesbury is a Member of Cohen, Placitella & Roth, representing injured parties in complex civil litigation including medical malpractice, products liability, motor vehicle accidents, and premises liability in Pennsylvania and New Jersey. She has briefed and argued cases before numerous appellate courts, including the Pennsylvania Supreme Court, resulting in published opinions that established important precedents for injured plaintiffs.
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Jennifer L. Emmons
Member
Jennifer L. Emmons is a Member of Cohen, Placitella & Roth, concentrating her practice on complex civil litigation involving medical negligence, birth injury, catastrophic personal injury, and products liability in New Jersey and Pennsylvania. She has been designated a certified civil trial attorney by the New Jersey Supreme Court and has served as trial counsel in numerous jury trials, non-jury trials, and arbitrations in both states.
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Case type: Medical Malpractice Attorneys

Recovery amount: $14.5 Million

A child suffered brain damage as a result of his physicians’ failure to properly manage post-operative care.
Case type: Medical Malpractice Attorneys

Recovery amount: $8 Million

A man left permanently brain injured because of the failure to properly maintain the delivery of oxygen following open heart surgery.
Case type: Car Accident Attorneys

Recovery amount: $25 Million

A high school student suffered a severe brain injury in a motor vehicle collision, which was caused by the negligence of a shopping center that failed to build and maintain a safety exit that would have prevented the collision. The jury verdict was reported as one of the nation’s “Top 100 Jury Verdicts” by The National Law Journal in 2005 and remains the highest jury verdict for a personal injury case in northeastern Pennsylvania.
Case type: Brain Injury Attorneys

Recovery amount: $6 Million

A 37-year-old welder suffered a brain injury on a construction job site where safety was ignored by the general contractor and owner, who failed to properly schedule work, erect a scaffold, and perform routine safety inspections.

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Brain Injury FAQs

What is Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when a sudden blow, jolt, or penetrating injury disrupts normal brain function. Brain injuries can range from mild concussions to severe trauma causing permanent cognitive, physical, or emotional impairments. In some cases, complications such as swelling, bleeding, or oxygen deprivation can worsen the injury.

What are the Symptoms of Traumatic Brain Injury?

Symptoms of a traumatic brain injury may include headaches, dizziness, vomiting, confusion, memory problems, difficulty concentrating, mood changes, sleep disturbances, seizures, balance issues, or loss of consciousness. In infants and young children, signs may include persistent crying, changes in eating habits, unusual irritability, developmental delays, or trouble sleeping. Medical evaluation is important whenever a brain injury is suspected.

What Are the Leading Causes of Traumatic Brain Injury?

Common causes of traumatic brain injury include falls, motor vehicle crashes, sports injuries, workplace accidents, medical negligence, physical assaults, and birth complications. Some brain injuries result from oxygen deprivation, delayed treatment, or preventable medical errors.

What Long-Term Effects of a TBI Should We Be Concerned About?

A traumatic brain injury may cause lasting cognitive, emotional, and physical effects. Long-term complications can include memory problems, difficulty concentrating, mood changes, impaired coordination, chronic headaches, behavioral changes, educational difficulties, or reduced ability to work and function independently.

What Legal Recourse Do We Have If Our Child Has Suffered a Traumatic Brain Injury?

If a child suffered a traumatic brain injury due to negligence, families may have legal options to pursue compensation for medical expenses, therapy, future care, pain and suffering, and long-term disability needs. A lawyer can investigate medical records, accident evidence, and expert opinions to determine liability.

What Legal Options Do Brain Injury Victims Have?

Brain injury victims may be able to pursue compensation if negligence contributed to the injury. Depending on the situation, damages may include medical expenses, rehabilitation costs, lost income, pain and suffering, long-term care, and disability-related expenses.

What Is a Brain Injury Lawyer?

A brain injury lawyer helps victims and families investigate whether negligence caused a traumatic brain injury and pursues compensation for medical expenses, rehabilitation, lost wages, disability, and pain and suffering. This often involves reviewing records, consulting experts, and negotiating settlements or litigation.

What Are the Qualities of an Experienced Brain Injury Lawyer?

An experienced brain injury lawyer should understand complex medical evidence, work closely with expert witnesses, have experience handling catastrophic injury claims, and understand the long-term financial impact of serious neurological injuries.

Why Hire a Brain Injury Lawyer?

Brain injury cases are often medically and legally complex. Hiring a brain injury lawyer may help families investigate negligence, preserve evidence, calculate long-term damages, negotiate with insurers, and pursue compensation for ongoing care and financial losses.

How Do I Know If a Traumatic Brain Injury Was Caused by Negligence?

A traumatic brain injury may involve negligence if a doctor, driver, employer, caregiver, or another party failed to act reasonably and that failure caused or worsened the injury. Delayed diagnosis, unsafe conditions, medical mistakes, or preventable accidents are common examples.

Can a Concussion Become a Serious Brain Injury?

Yes. While some concussions resolve with time, others may cause lingering symptoms, post-concussion syndrome, or more serious complications if untreated. Medical evaluation is important after any head injury.

How Long Do I Have to File a Brain Injury Lawsuit in Pennsylvania or New Jersey?

Filing deadlines depend on state law, who was injured, and how the injury occurred. Because traumatic brain injuries may involve minors or delayed diagnoses, it is important to speak with a lawyer as early as possible.

What Clients Are Saying

You talk to a lawyer who is really interested in you and who cares about what is happening in your life. You feel they are there to help you and are going to help you. After the fact, they called me to see how it was going. How many attorneys take the time to do that?

Marissa H.
I researched and filled out a short form online, CP&R came up on my list, and I contacted them first and last. I live across the country; I took a gamble because I had nothing to lose. Later I found it was the right decision.

Isaac R.
They were all easy to talk to, and I felt comfortable. They explained things in a way that was understandable and took the time to answer a lot of questions.

George S.

Cohen, Placitella & Roth – Philadelphia Law Office

4.6

Based on 49 reviews

review us on

Erald Hazizi

13:59 21 Jan 25

“I’m extremely grateful for the professionalism shown by this law firm. Even though they couldn’t take on my case, they provided me with additional advice and guidance in their email response. Their willingness to help, even without any obligation, truly speaks to their integrity and dedication to clients. Highly recommend them!”

Response from the owner 15:35 30 Jan 25

We appreciated the opportunity to review your situation and your response. We’re sorry we could not help you but your confidence in reaching out and then your recommendation mean a lot to our team.-CPR Team

Anthony Swain

09:03 04 Oct 24

Elizabeth Amesbury helped my father with a case. He had tremendous things to say about her. She is very thorough, respectful, and a great communicator. My Dad was very fortunate to have her as an attorney.

Thank you for everything that you have done!

Response from the owner 13:51 08 Oct 24

Thank you for sharing your father’s experience. Liz’s commitment to our clients and clear communication are just two of her strengths. Your dad’s life was changed when his personal injury occurred. We were pleased to get him just compensation. While we hope you never need us, Cohen, Placitella & Roth lawyers like Liz Amesbury are committed to helping those injured through no fault of their own.-CPR Team

Danielle Alfonso

17:29 29 Jul 24

We highly recommend Jared Placitella. Jared was by our side through the worse incident in our lives. Jared was referred to us by a family member. We knew nothing about lawsuits, Jared took us step by step, explaining everything in great detail. When we didn’t think we had a chance of receiving any kind of compensation, Jared worked a miracle. Resolving this lawsuit will never take our pain away, but it does give us a small consolation. Jared was very patient and listened to all of my heartache for over a year. We could never thank him enough for all that he did. When you want a lawyer with patience and compassion, go to Jared Placitella!

Response from the owner 14:53 30 Jul 24

Thank you Danielle for recognizing our firm’s dedication, commitment and hard work. It was our privilege to represent you in your personal injury suit and to help you through a difficult time.-CPR Team

bob lux

12:23 22 Jul 24

Four years ago, in need of legal assistance with a medical product liability issue, we chose the law firm of Cohen, Placitella & Roth (namely James Goslee, Esq.) for our unusual lawsuit. James and his team were knowledgeable with our particular issue and were very supportive of our needs, concerns and associated anxieties through its long course. Cohen, Placitella & Roth proved invaluable in our arriving at a settlement.

Response from the owner 18:25 29 Jul 24

Thanks Dr. Lux. It was our privilege to represent you. Medical malpractice and product liability cases are always challenging and hard fought. This is particularly true when bringing claims for defective medical devices. It was wonderful working with you to achieve a successful resolution. Best wishes in the future.- CPR Team

Suzanne Feathers

22:08 08 Mar 24

Jennifer Emmons represented me in a medical negligence case for my husband that ultimately resulted in his untimely death. Ms Emmons was extremely thorough in preparing the case, which led to her impeccable representation at my husband’s deposition and arbitration. Her hard work and dedication to this case led to a financial award that ultimately changed my life. I will never be able to fully express my high regard for Mrs Emmons, her professionalism and CPR Law Firm. I would highly recommend Mrs Emmons and CPR Law to anyone who is suffering from a loss due to medical negligence.

Response from the owner 16:55 26 Mar 24

We appreciated your placing your trust in Jennifer and our firm to act as your medical malpractice lawyers. Hearing how Jennifer’s preparation and professionalism gave you comfort during such a difficult time is gratifying and we appreciate your sharing your experience. Your kind works mean a lot to us. It is our goal and our responsibility to make our clients feel supported through the challenges of a lawsuit and to fight for you to get the result to which you are entitled. Should you or anyoone you know need a lawyer, you now know that Jennifer and her partners at CPR are a call away.

Thomasina Mcafee

00:14 05 Jan 24

I would highly recommend this firm! Jamie did an extraordinary job! Everyone was very attentive and responded to any question I may have had quick time frame! They represented for me like I was family!! I would definitely return to them if needed in the future! I would give 10 stars if it would allow!!

Response from the owner 15:48 10 Jan 24

Thank you for your kind words, Thomasina. It was our privilege to represent you. We wish you and your family the best in the future. – CPR Team

Charles Ertell (Chuck)

16:01 04 Jan 24

I personally used Harry Roth. I was very skeptical about lawyers in general but Harry very quickly changed my mind. Mr Roth and his trusted team were AMAZING!!!! I was involved in a pretty significant motorcycle accident and he worked with me from the hospital, through home care, therapy and remains in touch afterwards. If for some reason Harry couldn’t speak to me, Lolita was very well informed on my case. I like to stay well informed so I made weekly or bi-weekly calls to discuss my case. Sometimes 2 minutes and sometimes 45 minutes, each time speaking to one of the aforementioned two people. Harry produced quick results and made myself and my family very happy. I would highly recommend Harry Roth or any member of this firm in a heartbeat. If you too are looking for a great firm to represent you, especially of you’re a skeptic like me, give Harry and his partners a chance to make your life as happy as he’s made mine.

Response from the owner 14:51 05 Feb 24

Thank you for sharing your experience and for placing your trust in us as your accident lawyer. We understand the skepticism that often surrounds legal assistance, and we’re glad we could change that perception for you. Hearing how Harry, Lolita and team provided you with comprehensive support from the hospital to your recovery at home is incredibly rewarding. Our commitment to keeping our clients well-informed and involved in their cases, no matter how big or small the details, is something we take great pride in. Your recommendation means a lot to us, and it’s heartening to know that we could bring satisfaction and happiness to you and your family after your motorcycle accident. If you or anyone you know ever needs an attorney, remember that Harry and his partners are just a call away. In the meantime, we wish you well.- CPR Team

Cynthia Naughton

16:01 25 Sep 23

I was referred to the firm by a family member. James Goslee and his team, particularly his associate Frances McDermott, expeditiously managed my case with compassion and professionalism and kept my interest foremost in their pursuit of my claim.

Response from the owner 18:24 25 Sep 23

It was our honor to represent you Ms. Naughton. Best wishes – CPR Team

Mary Ann Claraval

20:52 03 Aug 23

Our firm has recommended Stu Cohen and all the attorneys at Cohen, Placitella & Roth for many years. Their expertise, efficiency and personal service are second to none. We never hesitate to recommend Cohen, Placitella & Roth.

Response from the owner 13:23 22 Aug 23

Thank you. It is our pleasure to work with you and your firm.

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Our brain injury attorneys have achieved historic, life-altering outcomes for clients in Philadelphia, New Jersey, and across the nation. Contact us for a free consultation.

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