ABSTRACT

When traumatic brain injury cases are brought to civil court, they are argued by the plaintiff as a tort. A tort is a private or civil wrong or injury produced by an actor or tortfeasor (the person responsible for causing the injury). By taking the claim of injury or harm to a court, the injured person asks the court to provide a remedy in the form of an action for damages. Damages are compensation (usually monies) that may be recovered in the courts by any person who has suffered a loss, detriment, or injury, in this case to his person.1