Traumatic brain injuries are often caused by a hard fall or violent hit to the head and can happen in multiple types of accidents. These types of injuries can be serious, and the damage can be permanent. If you or someone you care about has suffered a traumatic brain injury caused by negligence, you may be eligible to file a legal claim for compensation. A Clare traumatic brain injury lawyer from Jay Trucks & Associates is standing by to take your call.
Our lawyers at Jay Trucks & Associates have helped many injury victims and their families in the Michigan area recover millions in compensation. A recovery of $2,000,000 was obtained for a car accident victim who sustained a TBI and $698,000 in recovery for a worker who suffered a closed head injury while cutting trees.
We are prepared to review the specifics of your claim and discuss the legal options that may be available to you during a 100 percent free consultation. You pay us nothing upfront if we represent you. We only get paid if we obtain a recovery for you. Our phone lines are open 24 hours a day, seven days a week.
Talk to a lawyer today. (800) 762-8623
Am I Eligible to Pursue Compensation?
Not all traumatic brain injuries are the same. A brain injury victim may experience temporary symptoms and fully recover. Others could end up with long-term complications or even death. This is why we recommend that you reach out to an experienced TBI attorney from our firm. We will not know if you are eligible to pursue compensation until we examine your situation.
To succeed in a legal action based on negligence, you must be able to prove that the other party is legally responsible or at fault for your traumatic brain injury. This means establishing the following elements of negligence:
- The other party must have owed you a duty of care to ensure reasonable steps were taken to prevent you from injury.
- The other party failed to fulfill this duty by not acting with reasonable care toward you.
- The other party’s actions or inaction were the direct cause of your injury.
- You suffered measurable damages (such as lost wages or medical expenses) as a result of your injury.
If you have a case, we are ready to help prove that a brain injury occurred and link that to the misconduct. For instance, showing that it was the other party’s negligent driving that caused your injury. Brain injuries are often harder to detect than other, more visible injuries. Often, symptoms may not appear for days or weeks. However, gathering as much evidence as possible about the accident and the nature of the brain injury will help build a strong case for compensation.
Causes of Traumatic Brain Injury
Traumatic brain injury can occur due to a variety of causes, from sports injuries to slips and falls. Not all of these involve negligence, but many of the leading causes do. Some of these include:
- Motor vehicle accidents – These are a leading cause of traumatic brain injury, accounting for 30% of all TBI cases in Michigan. Accidents involving cars, motorcycles, bicycles, and pedestrians can all result in traumatic brain injuries, especially when high speeds or heavy impacts are involved.
- Falls – Falling from heights, slipping on wet surfaces, or tripping over obstacles can result in a traumatic brain injury. Older adults and young children are particularly vulnerable to falls that can cause brain injuries.
- Work-related accidents – Occupational hazards such as falling objects, heavy machinery accidents, or construction site falls can lead to serious brain injuries among workers.
- Medical negligence – Traumatic brain injury can sometimes result from medical negligence or malpractice, such as errors during surgery, mismanagement of anesthesia, or improper treatment of a pre-existing head injury. This can lead to further complications and more severe brain damage.
Major Types of Traumatic Brain Injuries
A traumatic brain injury can happen due to violent blows or shaking to the head, causing injury to the brain, skull, or scalp. Head injuries involving brain trauma can either be open or closed. A closed head injury is any injury that does not penetrate the skull, while an open head injury is one that penetrates the skull and enters the brain.
These injuries can be quite severe, exposing the victim to different types of trauma to the brain, such as:
- Concussion – A hard fall or blow to the head can cause a concussion. While you may or may not lose consciousness, you may feel dazed, and off-balance and have a brief moment of vision or memory loss. Repeated concussions can be more serious and may even cause permanent brain damage.
- Brain contusion – An impact to the head can bruise the brain, also called a cerebral contusion. It can also cause bleeding and swelling in the brain. The bruise is not always apparent or visible to the eye.
- Hematoma – Blood clots, or hematomas, can form when a blood vessel in the brain ruptures. A hematoma may grow and compress the brain, resulting in loss of consciousness or permanent brain damage.
- Hemorrhage – A brain bleed, or hemorrhage, in the space around the brain or within the brain tissue, can may cause headaches and vomiting due to pressure buildup.
- Diffuse axonal injury – Some brain injuries do not cause bleeding, but may still damage the brain cells. This type of brain injury is more deadly because it can result in swelling without visible signs of damage, compared to other brain injuries.
Symptoms of Mild, Moderate, or Severe TBI
Traumatic brain injury symptoms vary based on the extent of the injury and the area of the brain affected. While some symptoms may be immediate, others may not manifest until days or even weeks later.
Although traumatic brain injury cases are classified from “mild” to “severe,” it is important to recognize that even mild traumatic brain injuries can leave victims with long-lasting effects and great financial stress. A more severe brain injury can be disruptive in unimaginably catastrophic ways.
Our Michigan brain injury lawyers are here to assist your case, no matter the severity or circumstances, and urge you to get the medical treatment you require without fear that you will be unable to compensate for these costs.
Mild Traumatic Brain Injury
Victims may or may not lose consciousness for a short time period, generally from several seconds to a few minutes. Other symptoms from a mild TBI could include:
- Nausea or vomiting
- Blurred vision
- Feeling tired or sleepy
- Ringing in the ears
- Change in sleeping habits
- Behavioral changes
- Issues with memory
- Lack of concentration
- Sensitivity to light or sound
Moderate or Severe Traumatic Brain Injury
Victims will lose consciousness for a longer period of time, generally from several minutes to hours. A period of confusion could last for days or weeks. Sometimes there are physical, cognitive, or behavioral impairments that could be long-lasting or cause irreversible or permanent brain damage, or in worse scenarios, death.
Other symptoms from a moderate or severe TBI include:
- Chronic migraine or headache
- Bouts of nausea or vomiting
- Convulsions or seizures
- Slurred speech
- Loss of coordination
- Large pupils in one or both eyes
- Numbness or tingling of extremities
- Increased confusion, restlessness, or agitation
What is My Case Worth?
The value of a case is dependent on a number of different factors, such as the damages you have suffered. An attorney well-versed in brain injury law is able to assess the value of these losses and understand what unique factors may influence the amount you’re able to recover for them. These damages may include expenses related to the following:
- Medical bills – Depending on the severity of your TBI, you may have spent weeks or months in a hospital and, upon being released, still have many follow-up appointments with your treating doctor. Medical bills could also include medications, assistive devices, rehabilitation, and physical therapy.
- Loss of income – TBI victims often miss time from work due to recovery, and may be eligible for loss of income or loss of future income if the injury is severe enough that they cannot return to work at all.
- Lifetime care costs – Brain injury symptoms can last for years or become permanent. If a caregiver is needed to help with your daily activities, lifetime care costs could be factored into your damages.
- Emotional distress – Brain injury survivors and their families typically struggle with more than just financial burdens. These could include physical pain, mental suffering, and other negative impacts the brain injury has had on your life, such as loss of enjoyment of life or diminished quality of life.
To help identify the damages available to you and to seek fair compensation for the injuries you have suffered, contact a knowledgeable Clare traumatic brain injury lawyer. There are no upfront costs or fees.
Request a free legal consultation today. (800) 762-8623.
Why Should I Hire a TBI Attorney?
Many personal injury lawyers handle a wide variety of cases. However, a traumatic brain injury lawyer is competent in handling these specific injuries. You need someone who fully understands the full spectrum of the harm that was done to you and how it has affected your life financially, physically, and emotionally.
We Will Comprehensively Investigate Your Case
The traumatic brain injury lawyers at Jay Trucks & Associates know how to prepare these types of cases and will ask you for detailed information about how your brain injury occurred. Such information might include: what you remember about the accident, including how it happened, where you were and what you were doing at the time of the incident, and the medical care you have since received. By gathering supporting information, your traumatic brain injury attorney may strengthen your legal claim.
We often look to multiple sources for evidence, such as:
- Accident reports
- Medical records
- Surveillance camera footage
These sources may help to firmly establish the extent of an injury, directly link the injury to the accident, help prove that negligence played a role, and determine the party or parties responsible for the injury and other damages suffered.
A Traumatic Brain Injury Lawyer Can Help You Fight the Insurance Company
At Jay Trucks & Associates, we know the difficulties that accident victims encounter when reporting their losses to the insurance company, and how these losses are frequently undervalued or dismissed. If you’ve experienced a traumatic brain injury, you should not have to undergo the taxing process of negotiating with insurance companies and adjusters in order to recover compensation that is satisfactory to your needs.
A skilled traumatic brain injury lawyer can advocate on your behalf to make sure that your damages are accurately assessed. Should we be unable to reach a fair settlement out of court, we are not afraid to take additional steps. Brain injury lawsuits can require additional time-consuming investigation, preparation, and comprehensive knowledge of the law. Our lawyers are fully equipped to handle such cases and will do everything possible to ensure that your brain injury lawsuit or claim is handled appropriately to get you what you deserve.
Can I Afford a Personal Injury Lawyer?
Accident victims and their families often don’t recognize that they require legal assistance until it’s too late. When faced with mounting medical expenses and emotional distress, contacting a lawyer can seem like an extra step on top of an already complicated process.
We’re here to assure you that you can and should access the legal assistance you need. A skilled brain injury lawyer can relieve you of much of the stress that comes after such an injury, and can do so without any upfront cost to you or your loved ones.
Our traumatic brain injury attorneys work on a contingency fee basis, meaning that you will owe nothing unless your case reaches a positive conclusion through a settlement or court verdict.
Is There a Time Limit To File a Traumatic Brain Injury Lawsuit?
Most personal injury lawsuits, including those involving traumatic brain injuries, must generally be filed within a three-year deadline. This is in accordance with Michigan’s statute of limitations. Failure to file within three years from the date of the injury or death will likely result in a court dismissal.
It is important to note that due to the complex nature of these cases, every traumatic brain injury claim is different, and the deadline may be extended or shortened in certain circumstances. These exceptions can be further explained by a member of our legal team.
In any case, you should speak to our brain injury attorneys as soon as possible following your injury to find out about your options for filing a personal injury lawsuit.
Fill out our Free Case Evaluation form to learn more.
Call Our Clare, Michigan, Traumatic Brain Injury Lawyers For a Free Consultation
If you or a loved one has suffered a traumatic brain injury caused by the negligence of another, a traumatic brain injury lawyer at Jay Trucks & Associates is available to review your situation in a free consultation. We are committed to protecting the rights of victims struggling with severe brain injuries after an accident.
Our firm has a proven track record of success, obtaining more than $500 million in compensation for our clients. Our consultations are completely free and come with no risk or obligation to take legal action. We do not charge any upfront fees unless you obtain compensation through a settlement or verdict.
We are available 24/7 by online chat or phone: (800) 762-8623.