Epidural hematoma head injury lawyer

An epidural hematoma is bleeding between the skull and the dura, most often from a torn middle meningeal artery associated with a temporal bone fracture. Because the bleeding is arterial it accumulates quickly, and the condition is a surgical emergency. It also produces one of the most litigated patterns in head injury: the lucid interval, in which a person appears to recover after the impact and then deteriorates. Law Offices Of SRIS, P.C. handles head injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the imaging and records show

CT is the study, and the appearance is characteriztic — a biconvex or lens-shaped collection that does not cross suture lines, distinguishing it from a subdural collection. An associated skull fracture is common and is itself objective evidence of significant force. Where the scan shows midline shift or effacement of the basal cisterns, the imaging documents the urgency of the situation, which becomes relevant where the timing of intervention is in issue.

Why this injury meets the legal threshold

A radiologically confirmed epidural hematoma is unambiguous objective injury and satisfies any threshold requirement. Where a craniotomy was performed, the intervention itself establishes severity. The contested questions are ordinarily about consequence rather than existence — what deficits remain, and whether they are permanent.

Typical treatment course and prognosis

Significant epidural collections are evacuated surgically, usually by craniotomy, and the outcome depends heavily on how quickly that happens and on the neurological state at the time of surgery. A person operated on before significant deterioration may recover well; one operated on after prolonged compression may not. Rehabilitation follows in proportion to the deficit. Post-traumatic seizure risk is a recognized consideration and may require ongoing medication and monitoring, which belongs in the future-care analysis.

How insurance carriers attack this diagnosis

Existence is rarely disputed. The arguments concern consequence and, in some cases, apportionment: that the person recovered well and residual complaints are unrelated, that cognitive symptoms reflect pre-existing factors, or that a delay in seeking care after the initial impact contributed to the outcome. Where a hospital or provider delayed diagnosis, the carrier for the original tortfeasor may argue that the intervening medical care caused the harm — an argument that can open a separate line of inquiry rather than defeating the claim.

Proving the accident caused it

Establish the mechanism and the impact. Obtain the imaging and the operative report, which together document the injury and the force involved. Reconstruct the timeline precisely — time of impact, time of first assessment, time of imaging, time of surgery — because in this injury the interval between events frequently determines outcome and can identify additional responsible parties. Document the pre-incident baseline, and obtain a treating physician’s opinion on permanence once the picture has stabilised.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is a lucid interval?

A period after a head impact during which the person appears alert and oriented before deteriorating as the collection enlarges. It is a recognized feature of epidural hematoma and it is dangerous precisely because it can lead to a person being sent home. Where someone was released after a head injury and deteriorated afterward, the adequacy of the assessment and any decision not to image is worth examining.

How is an epidural hematoma different from a subdural?

Location and source. An epidural collection sits between the skull and the dura and is usually arterial, so it accumulates rapidly; a subdural collection sits beneath the dura and is usually venous, so it can develop slowly. On CT an epidural collection is lens-shaped and does not cross suture lines. The distinction matters clinically for urgency and legally for the timeline.

Does a skull fracture always accompany it?

Not always, but a temporal bone fracture is commonly associated because the fracture line tears the underlying artery. Where a fracture is present it is independent objective evidence of significant force, which is useful where the defense argues the impact was minor.

Why does the time to surgery matter legally?

Because outcome in this injury is strongly related to how long the brain was compressed before the collection was evacuated. Where a delay occurred — in transport, in triage, in obtaining imaging, or in reaching the operating room — that interval may be relevant both to damages and to whether an additional party bears responsibility. Reconstructing the timeline is therefore early work.

I was sent home from the emergency department and got worse. What now?

The records should be reviewed to establish what assessment was performed, what the documented findings were, whether imaging was obtained or considered, and what discharge instructions were given. Whether that amounts to a departure from the standard of care is a question requiring qualified medical opinion, and it is subject to different and sometimes shorter deadlines than an ordinary injury claim.

What are the long-term effects?

They vary widely. Some people recover substantially, particularly where surgery was prompt. Others have lasting problems with memory, concentration, language, coordination or mood, and post-traumatic seizures are a recognized risk requiring ongoing management. A physician’s opinion on permanence and future care should be obtained before the claim is resolved.

Will I need medication for seizures indefinitely?

That is a clinical question for your treating neurologist. Where ongoing anticonvulsant medication and monitoring are anticipated, the cost and the effect on daily life — including on driving and on some occupations — are components of the claim that must be documented affirmatively rather than assumed.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions. Where a claim against a medical provider is also involved, different and sometimes shorter deadlines apply, along with pre-suit requirements. Have the deadlines confirmed on your own facts promptly.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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