Lawsuits involving traumatic brain injuries first became prevalent in the United States in the mid-1990s after studies revealed that such injuries were causing upwards of $37.8 billion in damages annually. It is important to note that a traumatic brain injury (TBI) is defined as an alteration in brain function, or other evidence of brain pathology, caused by some external force, such as a bump on the head, a penetration of the brain, or rapid acceleration/deceleration of the head (i.e., whiplash).

Lawsuits involving TBI claims gained renewed momentum in the early 2000s when cases involving high-profile athletes suffering from TBIs began emerging. In August 2011, a class action lawsuit was filed by former NFL players after many of them were diagnosed with chronic traumatic encephalopathy, with some even committing suicide.