Brain Injury and Epilepsy FAQs
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Learn how brain injury can lead to epilepsy and what legal steps you can take for justice.








Brain injuries can lead to a range of long-term health concerns, including conditions that develop well after the initial injury. One of the more serious complications of a brain injury? Epilepsy.
In fact, brain injuries are one of the leading causes of epilepsy. Every year, thousands of individuals—adults and children alike—develop seizures after suffering a traumatic brain injury. According to the CDC, more than 3 million adults and nearly half a million children in the U.S. currently live with epilepsy.
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Below, we'll answer some of the most common questions about the link between brain injury and epilepsy and explain what steps you can take if another party's negligence caused your injury or the injury of a loved one.
Living with epilepsy due to a brain injury is a difficult road to walk, but you're not alone. The team at Smith Law Center is here to support you. Call us at (757) 244-7000 or contact us online for a free case review.
Watch the video below to hear a client's personal experience with epilepsy after a brain injury, and how Smith Law Center supported them through the process.
What Is Epilepsy?
Epilepsy is a neurological disorder characterized by repeated, unprovoked seizures. Doctors typically make a diagnosis after a person experiences two or more seizures that are not caused by a temporary issue, such as low blood sugar, high fever, or drug withdrawal.
There are two primary ways epilepsy can develop:
- Genetics. Some individuals have a genetic predisposition that makes them more likely to develop epilepsy. The condition may run in families or link to specific inherited traits in these cases.
- Brain injury. Traumatic brain injuries are a well-established cause of epilepsy. Seizures may begin shortly after the injury or may not develop until months or years later. For many people, epilepsy becomes a lasting part of life following a brain injury.
Understanding the cause of epilepsy can help guide treatment and may also impact legal responsibility if the injury was preventable.
What Are Seizures?
A seizure occurs when the brain experiences a sudden surge of abnormal electrical activity, which disrupts its usual functions. This can lead to unexpected changes in movement, behavior, awareness, or sensation.
Seizures vary widely in duration and intensity. Some last just a few seconds, while others continue for several minutes. Not all seizures involve shaking or convulsions—they can also present in subtle ways, making them harder to detect.
Types of Seizures
The Epilepsy Foundation classifies seizures into three main types based on where they begin in the brain:
- Generalized Onset. These seizures affect both sides of the brain at once.
- Focal Onset. These start in one specific area of the brain and may stay localized or spread.
- Unknown Onset. When it's unclear where in the brain the seizure begins—often due to incomplete observation or data.
Seizure Symptoms
Seizure symptoms can look very different from person to person. They often depend on the type of seizure and which part of the brain is affected. Subtle or less visible signs may include:
- Sudden emotional changes (like fear, anxiety, or confusion),
- Nausea, or
- Hallucinations (seeing, hearing, or smelling things that aren't there).
More noticeable symptoms may involve:
- Convulsions (jerking or shaking muscles),
- Loss of consciousness,
- Sudden falls or physical injuries, or
- Tongue biting or clenched jaw.
Seizures can happen at any time, with or without warning. In some cases, they can lead to serious injury, especially if a person loses consciousness during everyday activities like walking, driving, or climbing stairs.
When seizures are connected to a traumatic brain injury, recognizing the risks becomes even more critical. Managing safety and getting a proper diagnosis is key to reducing long-term harm.
Can A Brain Injury Cause Epilepsy?
Yes—a brain injury can increase the risk of developing epilepsy. When the brain experiences trauma, the damage can interfere with its normal electrical activity, potentially triggering seizures. These seizures may appear immediately after the injury or even years later.
If someone begins having seizures after a brain injury, there's a strong possibility the trauma is the underlying cause. While research has well established the link between brain injury and epilepsy, each case differs. Factors like the severity of the injury, the area of the brain affected, and the individual's medical history all play a role.
Accurate diagnosis and early treatment are essential to managing the condition and minimizing future complications.
Can Epilepsy Cause Brain Damage?
It's a common concern for those living with epilepsy: Can seizures lead to brain damage? The answer isn't always straightforward, but research does provide helpful insights.
Most studies agree that repeated seizures can cause changes in the brain, particularly in how neurons communicate. These changes may not always lead to permanent damage—but under certain conditions, seizure activity may contribute to long-term effects on brain health, especially when left uncontrolled.
For example, a study published in the American Journal of Neuroradiology found that brain damage from seizures "can occur quickly and be profound." However, research featured by Elsevier notes that most studies "revealed no significant adverse effects." These varying outcomes underscore a more nuanced reality: Every case of epilepsy is different, and outcomes often depend on individual risk factors.
Two key factors that may influence the risk of brain changes:
- Age. Seizures in older children, teens, and adults may be more likely to contribute to brain changes than those in infants or very young children.
- Brain development stage. The brain's maturity at the time of the seizures can affect its resilience and response to neurological disruption.
The encouraging news is that most people with epilepsy can manage their condition with proper treatment, and early intervention may reduce the risk of long-term brain changes. If you're concerned about how seizures may be affecting your brain, it's important to have an open discussion with your healthcare team.
Think a brain injury caused your epilepsy? Our experienced attorneys can help. Call the Smith Law Center at (757) 244-7000 for a free case review.
What Is Post-Traumatic Epilepsy (PTE)?
Post-Traumatic Epilepsy (PTE) is a form of epilepsy that develops as a result of a traumatic brain injury (TBI). Unlike other types of epilepsy caused by genetics, infections, or unknown factors, PTE directly links to physical trauma to the brain—most often involving the frontal or temporal lobes.
PTE is diagnosed when a person experiences recurrent seizures more than seven days after a brain injury. Seizures that occur within the first week are known as post-traumatic seizures (PTS) and may not necessarily indicate long-term epilepsy.
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Can Post-Traumatic Epilepsy Go Away?
PTE from a traumatic brain injury does not resolve on its own. Once seizures persist beyond the first week after a traumatic brain injury, they require long-term management.
However, many people are able to control or significantly reduce their seizures with proper care.
TBI seizure treatment involves:
- Medication. Anticonvulsant drugs are typically the first line of treatment and can help control seizure frequency and severity.
- Surgical intervention. Doctors may consider targeted brain surgery in cases where medication isn't effective.
- Lifestyle and environmental changes. Relieving stress, improving sleep, avoiding triggers, and staying committed to a treatment plan all play a role in better seizure control.
Managing PTE is a long-term process, but many people can lead active and fulfilling lives with proper medical guidance and support.
Can You Sue for Getting Epilepsy From a Brain Injury?
Yes, you can sue if someone else's negligence caused your brain injury, leading to epilepsy. Many epilepsy cases linked to brain trauma stem from preventable accidents, including:
- Car, motorcycle, or truck accidents;
- Medical malpractice, such as surgical errors or delayed diagnosis;
- Defective products or dangerous drugs;
- Slip and fall accidents, caused by hazards like wet floors or poor lighting;
- Sports-related head injuries, especially in contact or high-impact sports;
- Swimming pool accidents due to poor maintenance or lack of safety protocols; and
- Intentional harm, such as physical assault or abuse.
Holding the responsible party accountable may provide the support you need to manage the long-term effects of post-traumatic epilepsy.
If you believe your brain injury and epilepsy were someone else's fault, contact Smith Law Center today. We're here to help you understand your rights, evaluate your case, and fight for the justice and compensation you deserve.
What Can Epilepsy Compensation Cover?
Living with epilepsy often means facing long-term medical, financial, and personal challenges. Whether the condition developed after a brain injury or as a result of negligence, compensation from a successful legal claim can help ease the burden—and provide the resources you need to move forward.
A settlement or verdict may help cover costs such as:
- Medical expenses —including hospital bills, neurology appointments, and prescription medications;
- Ongoing care needs—such as therapy, in-home support, or assistive devices;
- Lost income or reduced earning potential—especially if seizures prevent you from returning to your job;
- Transportation assistance—for individuals unable to drive due to seizure risk;
- Pain and suffering—including emotional trauma, stress, and impacts on daily life; and
- Loss of quality of life or strained relationships—due to the long-term impact seizures can have on families and partnerships.
Studies show that individuals who work with an experienced epilepsy and brain injury attorney recover significantly more compensation than those who pursue claims alone.
At the Smith Law Center, our results speak for themselves:
- A jury awarded $14.6 million to a woman who developed epilepsy after a brain injury caused by a defective Harley-Davidson motorcycle tire.
- In another case, we helped secure $4.1 million for a middle school principal who developed epilepsy following a mild traumatic brain injury from a car accident.
"We've seen how epilepsy due to brain injury turns lives upside down. Our job is to seek justice so families can focus on healing."
—Stephen M. Smith | Founding Attorney
Ready to Talk to a Brain Injury and Epilepsy Attorney?
For more than 75 years, the Smith Law Center has stood up for individuals and families affected by brain injuries and epilepsy. We understand how life can change after a seizure disorder—and we've helped our clients recover over $1 billion in verdicts and settlements for injuries that should have never happened.
If someone else's negligence caused your epilepsy, you don't have to face the future alone. Our experienced attorneys are here to fight for your rights and secure the compensation you deserve.
Call us today at (757) 244-7000 or online to schedule your free consultation. Let's take the next step together.






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FAQs
FAQs
What if my seizures didn't start until years after my brain injury? Can I still take legal action?
Yes. Post-traumatic epilepsy (PTE) can have a delayed onset. While timelines matter in legal cases, especially regarding statutes of limitations, you may still have options. An attorney can help determine when the "injury" legally began if new symptoms appeared later.
How long do I have to file a lawsuit for post-traumatic epilepsy?
The deadline (a "statute of limitations") varies by state and case type. In many states, the statute of limitations ranges from 1 to 3 years after the injury—or from when symptoms were first discovered. Speaking with a lawyer as soon as possible is critical to protect your rights.
What if I was partially at fault for the injury that caused my epilepsy—can I still recover damages?
Possibly. Many states follow comparative negligence rules, which means you may still recover compensation even if you were partially responsible for the accident. Your total compensation may be reduced based on your percentage of fault. The key is determining how liability is shared—something an experienced attorney can evaluate to protect your right to recovery.
What if a loved one can't manage their legal case due to seizures or cognitive issues?
If someone is unable to handle legal matters due to seizure-related complications or brain injury, a family member or legal guardian may be able to act on their behalf. We routinely work with families to ensure all paperwork, appointments, and decisions are handled with care.