After a head or brain injury: what to do and what to know

Sources

Where the legal facts on this page come from

1. 45 C.F.R. § 164.524 (access of individuals to protected health information)“(a)(1) … an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set … (b) … (1) … The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement. (2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request … (ii) If the covered entity is unable to take an action … within the time required … the covered entity may extend the time for such actions by no more than 30 days, provided that: (A) The covered entity, within the time limit set by paragraph (b)(2)(i) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the request; and (B) The covered entity may have only one such extension of time for action on a request for access. (c) … (2) … (ii) … if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual. (3) … (ii) If an individual's request for access directs the covered entity to transmit the copy of protected health information directly to another person designated by the individual, the covered entity must provide the copy to the person designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the copy of protected health information. (4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i) Labor for copying … (ii) Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; (iii) Postage … and (iv) Preparing an explanation or summary … (d) … (1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. (2) Denial. The covered entity must provide a timely, written denial to the individual … The denial must be in plain language and contain: (i) The basis for the denial; … (iii) A description of how the individual may complain to the covered entity … or to the Secretary pursuant to the procedures in § 160.306.”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source: 45 C.F.R. § 164.524 (access of individuals to protected health information)
2. 45 C.F.R. § 164.502(g) (personal representatives)“(g)(1) Standard: Personal representatives. As specified in this paragraph, a covered entity must, except as provided in paragraphs (g)(3) and (g)(5) of this section, treat a personal representative as the individual for purposes of this subchapter. … (4) Implementation specification: Deceased individuals. If under applicable law an executor, administrator, or other person has authority to act on behalf of a deceased individual or of the individual's estate, a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation.”Electronic Code of Federal Regulations (eCFR), current as of 1 Oct 2026 · read 7 Nov 2026Read the source: 45 C.F.R. § 164.502(g) (personal representatives)
3. Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
4. Tex. Civ. Prac. & Rem. Code § 16.001“(a) For the purposes of this subchapter, a person is under a legal disability if the person is: (1) younger than 18 years of age, regardless of whether the person is married; or (2) of unsound mind. (b) If a person entitled to bring a personal action is under a legal disability when the cause of action accrues, the time of the disability is not included in a limitations period.”Texas Legislature (statutes current through the 89th Leg., 2nd C.S., 2025) · read 7 Nov 2026Read the source: Tex. Civ. Prac. & Rem. Code § 16.001
5. Ariz. Rev. Stat. § 12-502“If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others.”Arizona Legislature (azleg.gov) · read 7 Nov 2026Read the source: Ariz. Rev. Stat. § 12-502
6. N.Y. C.P.L.R. 208“(a) If a person entitled to commence an action is under a disability because of infancy or insanity at the time the cause of action accrues, and the time otherwise limited for commencing the action is three years or more and expires no later than three years after the disability ceases, or the person under the disability dies, the time within which the action must be commenced shall be extended to three years after the disability ceases or the person under the disability dies, whichever event first occurs; if the time otherwise limited is less than three years, the time shall be extended by the period of disability. The time within which the action must be commenced shall not be extended by this provision beyond ten years after the cause of action accrues, except, in any action other than for medical, dental or podiatric malpractice, where the person was under a disability due to infancy.”New York State Senate, Laws of New York (official text on nysenate.gov; most recent revision from 2019-02-15) · read 7 Nov 2026Read the source: N.Y. C.P.L.R. 208

This is general information, not legal advice.