Traumatic brain injuries change lives in an instant. These injuries can affect memory, personality, cognitive function, and physical abilities. Some victims recover fully, while others face permanent disabilities that require lifelong care and support.
Our friends at The Edelsteins, Faegenburg, & Blyakher LLP discuss the unique legal considerations these claims involve. A TBI lawyer represents victims and families pursuing compensation for medical costs, rehabilitation, lost wages, and the profound life changes these injuries create.
Understanding Traumatic Brain Injuries
A traumatic brain injury occurs when external force damages the brain. This can happen through direct impact, rapid acceleration or deceleration, or penetrating wounds. The brain moves inside the skull, causing bruising, bleeding, or tearing of nerve fibers.
The Centers for Disease Control and Prevention reports that approximately 214,110 TBI-related hospitalizations occurred in 2020. Falls represent the leading cause, particularly among young children and older adults. Motor vehicle crashes, assaults, and sports injuries also contribute significantly to TBI rates.
Severity Levels And Their Impact
Medical professionals classify TBIs as mild, moderate, or severe based on initial symptoms and diagnostic findings. Mild TBIs, often called concussions, may resolve within weeks or months. However, some people develop post-concussion syndrome with symptoms lasting much longer.
Moderate and severe TBIs typically involve longer periods of unconsciousness, more significant brain damage visible on imaging studies, and greater functional impairments. These injuries often require intensive rehabilitation and may result in permanent cognitive, physical, or behavioral changes.
The challenge with TBIs is that initial severity doesn’t always predict long-term outcomes. Some seemingly mild injuries produce lasting problems, while some moderate injuries allow better recovery than expected. This uncertainty complicates both medical treatment and legal claims.
Common Accident Scenarios
We’ve represented TBI victims injured in various ways. Understanding how these accidents occur helps establish liability and build stronger cases:
- Car and truck accidents where occupants strike their heads or experience violent motion
- Slip and fall incidents on poorly maintained properties
- Workplace accidents involving falls from height or falling objects
- Assaults causing direct head trauma
- Pedestrian and bicycle accidents where victims are struck by vehicles
- Defective products such as malfunctioning airbags or unsafe sports equipment
Each scenario requires proof that someone’s negligence or wrongful conduct caused the injury. Strong evidence linking the defendant’s actions to the TBI is essential.
The Hidden Nature Of Brain Injuries
Unlike broken bones or visible wounds, brain injuries often lack obvious external signs. Victims may appear fine initially, only to develop symptoms hours or days later. Others minimize symptoms or don’t recognize cognitive changes in themselves.
This invisible quality creates challenges in legal claims. Insurance companies may argue the injury isn’t real or isn’t as serious as claimed. Defense attorneys might suggest symptoms stem from pre-existing conditions or psychological factors rather than physical brain damage.
We address these challenges by working with neurologists, neuropsychologists, and other medical professionals who can document the injury through clinical examinations, imaging studies, and neuropsychological testing. Objective evidence counters defense arguments and demonstrates the true impact of the injury.
Calculating Damages In TBI Cases
Brain injury cases involve multiple categories of damages. Economic damages include past and future medical expenses, rehabilitation costs, assistive technology, home modifications, and lost earning capacity. Many TBI victims cannot return to their previous occupations or must work in reduced capacity.
Medical costs can be staggering. Acute hospitalization, surgery, medications, therapy, and ongoing care add up quickly. Life care planners help project future medical needs and associated costs over the victim’s lifetime.
Non-economic damages compensate for pain, suffering, cognitive impairment, emotional distress, and loss of life enjoyment. Brain injuries can alter personality, damage relationships, and strip away abilities the victim once took for granted. These losses deserve recognition and compensation.
The Role Of Medical Documentation
Thorough medical documentation forms the foundation of any TBI claim. Emergency room records, hospitalization notes, imaging studies, and specialist evaluations all contribute to proving the injury exists and establishing its severity.
Neuropsychological testing provides objective measurements of cognitive function. These tests assess memory, attention, processing speed, executive function, and other domains. Comparing pre-injury function (when evidence exists) to post-injury performance demonstrates decline.
Ongoing treatment records show the injury’s progression and the victim’s response to therapy. Gaps in treatment can hurt a claim, as insurance companies argue that failure to seek care means the injury wasn’t serious. We help clients maintain appropriate treatment schedules and document their recovery journey.
Fighting Insurance Company Tactics
Insurance companies defending TBI claims often employ predictable strategies. They may send victims for independent medical examinations with doctors known for downplaying injuries. These examiners spend minimal time with patients and often conclude that no significant injury exists or that symptoms result from other causes.
Surveillance is common in high-value cases. Insurance companies hire investigators to video plaintiffs performing daily activities, hoping to catch them doing something inconsistent with claimed limitations. We prepare clients for this possibility and explain how to avoid actions that could be mischaracterized.
Early settlement offers are another tactic. Insurance adjusters know that TBI victims and their families face immediate financial pressure from medical bills and lost income. They offer quick settlements that seem substantial but fall far short of fair compensation. We advise clients to be patient and refuse inadequate offers.
Time Limits For Filing Claims
Statutes of limitations impose strict deadlines for filing lawsuits. These time limits vary by state and by claim type. Most personal injury claims must be filed within one to four years of the injury, though some circumstances can modify these deadlines.
The discovery rule may extend the statute of limitations in cases where the injury wasn’t immediately apparent. However, relying on this exception is risky. Consulting with an attorney soon after a head injury protects your rights regardless of how severe the injury initially appears.
Why Experience Matters In TBI Cases
Traumatic brain injury litigation requires understanding both medical science and legal strategy. We collaborate with neuroscience professionals who can explain brain anatomy, injury mechanisms, and diagnostic findings to juries in accessible terms.
These cases also demand substantial resources. Deposing multiple medical professionals, hiring qualified consultants, and preparing comprehensive presentations for trial all require significant investment. Firms handling catastrophic injury cases have the financial strength to fully develop these claims.
The Litigation Timeline
TBI cases rarely settle quickly. The full extent of the injury may not become apparent for months or even years after the accident. Settling too early risks leaving substantial damages uncompensated.
We typically advise clients to reach maximum medical improvement before finalizing settlements. This means continuing treatment until doctors agree that further significant recovery is unlikely. Only then can future medical needs and permanent limitations be accurately assessed.
If settlement negotiations fail, the case proceeds to trial. Juries in TBI cases hear testimony from the victim, treating physicians, rehabilitation specialists, neuropsychologists, and life care planners. Clear presentation of complex medical information is essential to achieving favorable verdicts.
Moving Forward After A Brain Injury
The period following a traumatic brain injury is difficult for victims and families. Medical appointments, therapy sessions, and daily challenges consume enormous energy. Adding legal matters to this burden feels overwhelming.
However, pursuing a legal claim provides a path toward financial security and accountability. The compensation recovered helps pay for ongoing care, replaces lost income, and provides resources for adaptation and support. If you or someone you love has suffered a brain injury due to another party’s negligence, speaking with an attorney about your legal options is an important step toward protecting your future and obtaining the justice you deserve.