Jun 26, 2025
A Paradigm Shift in Personal Injury Litigation: CMS Recognizes Traumatic Brain Injury as a Chronic Condition
For years, personal injury attorneys litigating cases involving traumatic brain injury (TBI)—particularly “mild” TBI—have faced an uphill battle. Defendants and insurers frequently argue that mild TBI is transient and self-limiting. Plaintiffs’ counsel often must overcome skepticism about symptoms that are invisible, difficult to measure, and inconsistent across patients. Meanwhile, injured individuals struggle to receive adequate compensation for ongoing cognitive, emotional, and functional impairments. But a recent federal policy change may shift this narrative.