According to CDC traumatic brain injury data, approximately 2.8 million brain injuries occur in the United States each year, resulting in nearly 50,000 deaths and hundreds of thousands of hospitalizations. In Oklahoma, motor vehicle crashes are the leading cause of serious brain injury (TBI) in adults. A brain injury TBI can disrupt your memory, your ability to work, and your sense of who you are. When someone else’s negligence caused that harm, Oklahoma law gives you the right to pursue full compensation.
The injury attorneys at Hasbrook & Hasbrook represent people who suffered traumatic brain injuries in car accidents, falls, workplace accidents, and other incidents caused by another person’s negligence. This page explains the law governing your claim, how to build a strong case, and what your recovery may look like.
Key takeaways for brain injury claims in Oklahoma
- Oklahoma’s two-year statute of limitations under 12 O.S. § 95 runs from the date of injury.
- You can recover damages if your share of fault does not exceed 50%, under 23 O.S. § 13.
- Noneconomic damages face a $500,000 cap under 23 O.S. § 61.3; permanent mental injuries have a separate $1 million threshold.
- Medical bills, future care costs, and lost wages face no cap.
- TBI symptoms may not appear immediately; delayed presentation does not automatically bar your claim.
- We take brain injury cases on contingency: no fee unless we recover for you.
Traumatic brain injury in Oklahoma: what the data shows
How often traumatic brain injuries occur
The CDC reports that TBIs account for about 30% of all injury deaths in the United States. Survivors often face lifelong consequences: the National Institute of Neurological Disorders and Stroke notes that even moderate injury TBI can produce permanent changes in personality, emotional regulation, memory, and cognitive ability. Recognizing the full scope of that harm, including the care costs your family will carry for decades, is the foundation of a serious legal claim.
| Severity | GCS score | Loss of consciousness | Typical outcomes |
|---|---|---|---|
| Mild (concussion) | 13 to 15 | 0 to 30 minutes | Most recover within weeks to months; some develop persistent post-concussion symptoms |
| Moderate | 9 to 12 | 30 minutes to 24 hours | Lasting cognitive deficits are common; may require months of rehabilitation |
| Severe | 3 to 8 | Over 24 hours | Permanent disability is likely; may result in coma, vegetative state, or death |
A “mild” GCS score does not mean “minor” in legal terms. Many people with mild TBIs experience months of cognitive symptoms, lost work time, and lasting impairment that insurers routinely undervalue. The damages you can recover should reflect the full medical and economic picture, not the adjuster’s initial offer.
Who faces the greatest risk in Oklahoma
Adults in Oklahoma are most often hurt in motor vehicle crashes. Falls are the leading cause for children under 14 and adults over 65. Workplace accidents, including falls from elevation and equipment strikes, account for a significant share of serious TBIs among working-age adults. Sports collisions in football, soccer, and contact sports produce repeated head trauma that can compound into permanent harm.
The cause matters because it determines who is legally responsible. A distracted driver, a property owner who failed to clear ice, or an employer who skipped required safety training: each creates a different legal theory and a different defendant.
Oklahoma law that governs brain injury claims
Statute of limitations: 12 O.S. § 95
Oklahoma gives you two years from the date of injury to file a personal injury lawsuit. Missing that deadline ends your right to recover, regardless of how serious your injuries are. For brain injuries, the clock can be complicated: symptoms may not appear immediately, and people with cognitive impairment may not recognize they have a viable claim. Contact an attorney as soon as possible to preserve your rights and the evidence your case depends on.
Comparative negligence: 23 O.S. § 13
Oklahoma uses modified comparative negligence. If you were partly at fault, your recovery is reduced by your percentage of fault. You cannot recover if your fault exceeds 50%. At exactly 50%, you can still recover. An insurer that argues you were “more than half at fault” is attempting to eliminate your claim entirely. We challenge those arguments with evidence, not just legal argument. For a detailed breakdown, see our page on comparative fault in Oklahoma car accident cases.
Noneconomic damages cap: 23 O.S. § 61.3
Starting in September 2025, SB 453 placed a $500,000 cap on noneconomic damages (pain and suffering, emotional distress, loss of enjoyment of life) in most personal injury cases. That cap has not been tested or upheld by the Oklahoma Supreme Court. Exceptions exist for severe physical injuries, reckless conduct, gross negligence, fraud, and intentional wrongdoing. Permanent mental injuries from a brain injury may qualify for a separate $1 million threshold. Our attorneys analyze which exceptions apply in your case before accepting any limitation on your recovery.
How we investigate traumatic brain injury cases
Evidence collection and preservation
Brain injuries are often invisible on initial scans. Building a claim that reflects the true scope of your harm requires more than an emergency room report. From the moment we take your case, we work to secure:
- Dashcam footage, surveillance camera footage, and traffic camera recordings from the crash or incident scene
- Police reports, 911 recordings, and witness statements collected while memories are fresh
- The at-fault party’s cell phone records and electronic data when distraction is a factor
- Vehicle black box data in truck and car accident cases
- Your complete medical records, including emergency department notes, CT and MRI imaging, and follow-up neurological evaluations
Surveillance footage and electronic evidence disappear quickly. We send evidence preservation letters within days of being retained to put the responsible parties on notice that they cannot destroy records relevant to your claim. If you took a head injury while on blood thinners, additional medical complications apply; see our page on i hit my head and I’m on blood thinners for those specifics.
Working with expert witnesses
Severe brain injury cases require expert testimony to persuade insurance adjusters and juries. We work with neurologists, neuropsychologists, and rehabilitation specialists who translate medical records into clear explanations of how your injury affects your daily life and your future. For cases involving significant disability, we retain life care planners and economic experts who calculate the full lifetime cost of your care. That figure, supported by professional opinions, drives the demand that goes to the insurer and, when necessary, to the jury.
Knowing the early warning signs of TBI matters for your medical care and your claim. For a detailed symptom overview, see our page on recognizing the signs of traumatic brain injury.
Types of brain injury cases we handle
Motor vehicle and truck accidents
Car and truck crashes are the most common cause of traumatic brain injuries in Oklahoma adults. The violent deceleration in a collision can cause the brain to strike the inside of the skull, producing coup-contrecoup injuries even when there is no direct blow to the head. Truck accident cases involving large commercial vehicles often produce the most severe TBIs because of the force differential between a semi and a passenger car. We handle vehicle-related brain injury claims, from rear-end crashes that produce concussions to catastrophic multi-vehicle collisions.
Falls
Falls from ladders, scaffolding, stairs, and wet floors produce a large share of Oklahoma’s serious brain injuries. A slip-and-fall on a property owner’s negligently maintained premises can support a claim if the owner knew or should have known about the hazard. We evaluate the premises liability angle, gather maintenance records, and determine whether the property owner’s failure to act created the conditions that caused your fall.
Pedestrian and bicycle accidents
When a pedestrian or cyclist is struck by a vehicle, the head often strikes the pavement or the vehicle itself with no protective barrier. Pedestrian accident TBIs are frequently severe because of the speed and mass involved. Helmet use may reduce injury severity but does not eliminate the defendant’s responsibility.
Workplace accidents
Construction workers, warehouse employees, and others in industrial settings face TBI risks from falling objects, equipment malfunctions, and falls from elevation. Workers’ compensation may cover medical bills but does not address full pain and suffering. When a third party contributed to the incident, such as a subcontractor, equipment manufacturer, or property owner, a separate personal injury claim may be available alongside the workers’ comp claim.
Compensation available in brain injury cases
Economic damages
Economic damages cover the measurable financial losses your injury caused. For serious brain injuries, lifetime care costs can exceed $3 million when accounting for hospitalization, rehabilitation, cognitive therapy, long-term medication, and lost earning capacity. Oklahoma places no cap on economic damages. Every dollar of documented financial harm is recoverable:
- Past and future medical expenses, including surgery, hospitalization, physical therapy, cognitive rehabilitation, and medication
- Lost wages from missed work during recovery
- Diminished earning capacity if your injury prevents you from returning to your previous occupation
- Home modification costs and in-home care expenses
- Life care costs calculated by a professional life care planner
Non-economic damages
Non-economic damages cover harm that cannot be captured in a receipt: pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship. These are subject to the $500,000 cap under 23 O.S. § 61.3 in most cases, with the exceptions described in the law section above. For permanent mental injuries resulting from a TBI, a separate $1 million threshold may apply. Brain injuries that cause permanent disability often qualify as catastrophic harm under Oklahoma law, which affects both the damages strategy and the exceptions available.
When a brain injury leads to death, surviving family members can pursue a wrongful death action to recover funeral costs, loss of companionship, and the financial support the deceased would have provided.
Punitive damages
When the responsible party’s conduct was reckless or intentional, 23 O.S. § 9.1 authorizes punitive damages on top of compensatory awards. A drunk driver, an employer who knowingly ignored safety regulations, or a property owner who concealed a known hazard may face punitive exposure. These damages are not available in every case, but when the facts support them, they can significantly increase total recovery.
| Damage category | What it covers | Cap or limit |
|---|---|---|
| Economic damages | Medical bills, future treatment, lost wages, diminished earning capacity, life care costs | No cap |
| Non-economic damages | Pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship | $500,000 cap under 23 O.S. § 61.3; exceptions for severe physical injury, recklessness, gross negligence, fraud, or intentional conduct |
| Permanent mental injury | Permanent cognitive or psychological impairment from brain injury | Separate $1,000,000 threshold |
| Punitive damages | Punishment for reckless or intentional misconduct | Greater of $100,000 or actual damages awarded |
For a detailed estimate of what your case may be worth, see how much a traumatic brain injury case is worth.
How brain injury claims are resolved
Insurance negotiation
Most brain injury claims begin with a demand to the at-fault party’s liability insurance carrier. We gather all medical records, billing, employment documentation, and expert opinions before presenting a comprehensive demand package. Insurers routinely challenge the severity of TBIs, particularly concussions, by arguing that symptoms are unrelated to the accident or that treatment was excessive. We counter those arguments with treating providers’ opinions and, when necessary, independent neuropsychological evaluations.
For an overview of how insurers handle claims and the tactics they use, see how insurance companies handle car accident claims.
Filing a lawsuit
If negotiations do not produce a fair offer, we file a personal injury action in the appropriate Oklahoma court. The lawsuit process involves discovery, depositions, and pre-trial motions. Many cases settle during or after discovery, once the insurer sees the full weight of the evidence. We prepare every case as if it will go to trial, which strengthens our negotiating position at every stage.
Trial
When the insurer refuses to pay what the evidence supports, we take the case to trial. Brain injury cases require clear presentation of complex medical evidence to a jury. Our attorneys work with neurological experts to explain TBI severity, the long-term impact on your life, and why the compensation requested is supported by the facts. For factors affecting the settle-versus-trial decision, see settle or go to trial in a personal injury case.
Call (405) 605-2426 for a free case review. We can explain what your brain injury claim may be worth and what steps come next.
Common questions about brain injury cases in Oklahoma
Is there an Oklahoma City brain injury lawyer who can take my case?
Yes. Hasbrook & Hasbrook handles brain injury cases throughout the Oklahoma City area on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. Call (405) 605-2426 to schedule a free consultation.
How long do I have to file a brain injury claim in Oklahoma?
You have two years from the date of injury under 12 O.S. § 95. Missing that deadline ends your right to recover. If symptoms were delayed or the cause of injury was not immediately apparent, the deadline calculation may differ. Contact an attorney as soon as possible to protect your rights.
What if I was partly at fault for the accident that caused my TBI?
You can still recover as long as your fault does not exceed 50%. Oklahoma’s comparative negligence law under 23 O.S. § 13 reduces your recovery by your percentage of fault. At 50% fault, you recover half your damages. Insurers often inflate a plaintiff’s share of fault to reduce or eliminate the payout. We challenge those assessments with evidence.
How much is a traumatic brain injury claim worth in Oklahoma City?
Value depends on injury severity, treatment costs, lost income, and the liability evidence. Mild TBI claims may settle in the tens of thousands; severe cases with permanent disability and lifetime care needs can be worth millions. We evaluate every element of your harm before presenting a demand.
What if my TBI symptoms appeared days after the accident?
Delayed symptom onset is common with traumatic brain injuries, particularly concussions. Delayed presentation does not bar your claim, but it requires connecting the injury to the accident through medical records, witness accounts, and expert opinion. Seek medical care as soon as symptoms appear, and document them from day one.
What evidence do I need to prove a brain injury claim?
Strong TBI claims rest on medical imaging, emergency department records, neurological evaluations, and neuropsychological testing that documents cognitive deficits. Supporting evidence includes the police report, witness statements, photographs, and any surveillance footage. Employment records showing missed work or reduced capacity add economic foundation. See our guide on how to document your injuries for a step-by-step checklist.
Do concussions qualify for personal injury compensation in Oklahoma?
Yes. A concussion is a traumatic brain injury and can support a personal injury claim when caused by another party’s negligence. The value depends on severity, duration of symptoms, effect on work and daily life, and the quality of medical documentation. Many “mild” concussions produce months of post-concussion syndrome, including chronic headaches, cognitive fog, and sleep disruption.
How long does a brain injury case take to resolve?
Cases that settle before litigation often resolve within 6 to 18 months after maximum medical improvement. Lawsuits that proceed to trial can take two to three years or more. Injury severity, number of defendants, insurance coverage limits, and court scheduling all affect timeline. We do not advise settling before maximum medical improvement is reached. For a general timeline, see how long a personal injury lawsuit takes.
How Hasbrook and Hasbrook handles brain injury cases
Brain injuries require attorneys who understand both the medicine and the legal strategy. We work with neurologists, neuropsychologists, life care planners, and vocational experts to build the comprehensive record that serious claims require. Hasbrook & Hasbrook has represented injured Oklahomans for decades, and our attorneys understand how insurance carriers evaluate and challenge TBI claims.
We take brain injury cases on contingency. You pay no attorney fees unless we recover compensation for you. We advance litigation expenses and collect them only if the case is successful. The contingency fee structure means your interests and ours are aligned from the first call.
We also handle spinal cord injury cases and other catastrophic injuries that often accompany severe TBIs. When your injury affects multiple systems, we coordinate the full medical and legal picture.
Call (405) 605-2426 or contact us online to speak with an Oklahoma City brain injury attorney. The consultation is free, and there is no obligation.
