By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Why the word “mild” causes trouble in a claim
“Mild” is a medical label for how the brain was working in the first hours. According to the CDC, providers use it because these injuries are usually not life-threatening, and the same page says the effects can be serious. Adjusters use the word differently. To them, “mild” can sound like a reason to pay little. A claim is measured by losses, and a person labeled mild in the ER can still miss months of work. If you are unsure whether your diagnosis counts, our page on whether a concussion is a TBI explains the terms.
What research says about lasting symptoms
The TRACK-TBI study followed 1,154 patients with mild TBI seen at US level I trauma centers. A year after the injury, 53% had not made a full functional recovery on the study’s outcome scale, and the authors concluded that most of these patients still reported injury-related problems in daily life at one year (Nelson et al., JAMA Neurology, 2019). The study looked at patients seen at major trauma centers, and its results describe a group. They cannot tell you how your own recovery will go.
That research helps answer an argument insurers often make, that “most people get better in a few weeks.” Many do. The National Institute of Neurological Disorders and Stroke says most people recover fully from a first concussion within a few weeks, that recovery from a second or third is generally slower, and that symptoms lasting weeks or longer are called post-concussion syndrome. Your claim depends on which group you are in, shown by your own records.
Arguments insurers raise, and the evidence that answers them
| What the insurer says | What the evidence says |
|---|---|
| “Your CT scan was normal.” | NINDS says imaging and blood tests “can’t always detect damage from mild, concussive injuries.” The FDA-authorized blood test for suspected mild TBI is tied to what a CT will show: a negative result is associated with no acute lesions on a head CT (FDA decision summary). |
| “Your Glasgow Coma Scale score was 15.” | The scale is a limited predictor of long-term functional outcome (StatPearls). |
| “You already had headaches or anxiety.” | A jury must compensate a person who was more susceptible to injury than a healthy person would have been (CACI No. 3928). |
| “Your symptoms come from stress, not the crash.” | The defendant’s conduct must be a substantial factor, and it “does not have to be the only cause of the harm” (CACI No. 430). |
For the tests and expert opinions that carry this proof, see how to prove a traumatic brain injury. Our California TBI guide explains how validity testing is used in these cases.
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Pain and suffering rules in California, Texas and Washington
Much of a mild TBI claim can be noneconomic: headaches, fatigue, irritability, lost enjoyment of activities. Each state treats those damages a little differently.
- California: jurors are told that “no fixed standard exists” for noneconomic damages and that they must decide a reasonable amount using the evidence and their common sense (CACI No. 3905A).
- Texas: in Gregory v. Chohan (2023), the Texas Supreme Court criticized “unsubstantiated anchoring,” such as comparing a noneconomic damages award to the price of a fighter jet or a famous painting. The lead opinion, in a wrongful death case, said the plaintiff should be required to show “a rational connection, grounded in the evidence, between the injuries suffered and the dollar amount awarded.” Two justices concurred only in the judgment, and one joined most but not all of the opinion (Texas Supreme Court listing). Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou.
- Washington: the state Supreme Court struck down the statutory limit on noneconomic damages in 1989, holding that it interfered with the jury’s role in deciding damages (Sofie v. Fibreboard).
The practical lesson is the same everywhere. The number has to be tied to evidence of how your life changed, so specific proof matters more than a dramatic figure.
Building a mild TBI claim week by week
Mild TBI claims are won on details. See your primary doctor soon after the emergency visit and go back if symptoms continue, so the record shows the course of the injury. If your doctor limits screen time, driving or work hours, ask for those limits in writing and give a copy to your employer or school. Track the days you leave work early, the assignments you could not finish and the events you skipped. Avoid describing yourself as “fine” out of habit when you are not. And if symptoms such as a worsening headache, repeated vomiting or confusion appear, go to the emergency room.
What this means for your case
A mild TBI claim is real and often contested. Do not let a normal scan or the word “mild” talk you out of getting care or documenting symptoms. Before you accept an early offer, read whether to accept the first settlement offer, and see how much a brain injury case is worth for the factors behind value. More questions are answered in our injury FAQs.
Common questions
How much is a mild TBI claim worth?
There is no standard figure. Value depends on how long symptoms last, the cost of care, lost income, proof of fault and insurance limits, along with each state’s rules on damages.
Can I claim a mild TBI if I did not lose consciousness?
The CDC describes mild TBI as caused by a bump, blow or jolt to the head, or a hit to the body that moves the head and brain quickly back and forth. A claim rests on the diagnosis and symptoms in your records.
What if my symptoms got better and then came back?
Tell your doctor and get it recorded. The CDC notes that symptoms can change during recovery, and a record of setbacks is part of the injury’s history.
Do I need a lawsuit for a mild TBI claim?
Not always. Many claims resolve with the insurer, but a lawsuit may be needed if the insurer disputes the injury, and the filing deadline keeps running while you negotiate.
Will my earlier concussion be used against me?
The insurer may raise it. In California, CACI No. 3928 tells jurors to compensate a person fully even if he or she was more susceptible to injury than a healthy person. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- CDC, About Mild TBI and Concussion (cdc.gov)
- CDC, Signs and Symptoms of Mild TBI and Concussion (cdc.gov)
- Nelson LD, et al., Recovery after Mild Traumatic Brain Injury in Patients Presenting to US Level I Trauma Centers: A TRA (scholar.usuhs.edu)
- NIH/NINDS, Traumatic Brain Injury (ninds.nih.gov)
- Munakomi S, et al., Glasgow Coma Scale, StatPearls (National Library of Medicine) (ncbi.nlm.nih.gov)
- FDA De Novo decision summary, DEN170045 Banyan BTI (indications for use) (accessdata.fda.gov)
- Judicial Council of California Civil Jury Instructions (CACI Nos. 430, 3905A, 3928) (courts.ca.gov)
- Gregory v. Chohan, No. 21-0017 (Tex. June 16, 2023), lead opinion (txcourts.gov)
- Supreme Court of Texas, orders and opinions of June 16, 2023 (joining of opinion parts) (txcourts.gov)
- Sofie v. Fibreboard Corp. (1989) 112 Wn.2d 636 (law.justia.com)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.