A traumatic brain injury (TBI) is one of the most devastating injuries a person can experience. These injuries result in varying degrees of physical, cognitive, behavioral, and emotional changes in victims, and many have lifelong repercussions. These challenges can affect every area of a victim’s life and put substantial strain on their loved ones, who must grapple with changes to the injured person’s abilities and personality. Additionally, many are thrust into caretaking roles, and when a victim is no longer able to work in the same capacity, their family may experience significant financial challenges.
If you or a loved one suffered a TBI due to another party’s negligence or carelessness, you may be eligible to pursue compensation for the resulting expenses and losses. The team at Oak Law, can manage your claim and fight for what you deserve. Contact us today for a free consultation to discuss your situation and learn more about your legal rights and options.
Why You Need a Lawyer to Handle Your TBI Claim
When you’re dealing with the aftermath of a traumatic brain injury, you likely have a lot of urgent and unexpected challenges on your plate. Figuring out how to get through these day-to-day difficulties can be exhausting and time-consuming. You shouldn’t also have to manage a TBI claim against the party who caused the injury. A skilled Royal Oak, MI, TBI lawyer can provide critical support in several ways:
- Legal Experience – An attorney familiar with Michigan personal injury law can ensure your claim meets all legal requirements and will file your paperwork ahead of all applicable deadlines.
- Evidence Gathering – Lawyers can collect and preserve essential evidence, such as medical records, accident reports, and expert testimonies, to build a strong case.
- Negotiation Skills – Insurance companies often attempt to minimize payouts. An experienced lawyer can negotiate effectively to secure a fair settlement.
- Litigation Support – If your case goes to court, having a lawyer ensures you have professional representation to advocate for your rights.
- Stress Reduction – Having an attorney managing the legal process allows you to focus on your or your loved one’s recovery.
Additionally, hiring a knowledgeable TBI lawyer increases your chances of recovering the compensation you need and deserve. Most personal injury lawyers work on contingency, meaning you pay nothing unless and until they recover compensation for you. This provides financial stability and peace of mind during a challenging time.
What Is a Traumatic Brain Injury?
According to the Brain Injury Association of Michigan, approximately 58,500 Michiganders suffer a traumatic brain injury each year. A TBI occurs when an external force, such as a violent blow or jolt to the head, results in brain dysfunction. TBIs can vary in severity from mild concussions to severe brain damage, and can lead to significant cognitive, physical, and emotional impairments. These injuries can disrupt normal brain function, impacting memory, thinking, sensation, and emotional control. Prompt medical attention is crucial in managing TBIs to prevent further complications and improve the chances of recovery.
Types of TBIs
Traumatic brain injuries can be classified into several types based on their severity and nature:
- Concussions, which are mild TBIs that result from blows to the head and temporarily affect brain function
- Contusions, which are bruises on the brain tissue resulting from direct impact
- Penetrating injuries, which occur when an object pierces the skull and enters the brain
- Diffuse axonal injury, which causes widespread damage to brain cells due to severe shaking or rotational forces
- Hematomas, which are accumulations of blood outside the blood vessels in the brain
Causes of TBIs
Traumatic brain injuries can result from a variety of incidents, including:
- Motor vehicle accidents
- Sports injuries
- Physical assaults
- Falls
- Combat injuries
- Workplace accidents
These incidents can lead to TBIs with varying levels of severity, from relatively mild concussions to severe brain damage that significantly impacts the lives of victims and their families.
Symptoms and Long-Term Effects of TBIs
Traumatic brain injuries may have a wide range of symptoms, which will vary based on the severity and location of the injury. These symptoms may be:
- Physical, including headaches, dizziness, nausea, vomiting, fatigue, and seizures
- Cognitive, including memory loss, difficulty concentrating, confusion, and impaired judgment
- Behavioral, including mood swings, irritability, depression, anxiety, and personality changes
- Sensory, including sensitivity to light and noise, blurred vision, and ringing in the ears
Many TBIs have long-term effects on victims’ lives. A person who sustained a traumatic brain injury may experience chronic pain, cognitive decline, emotional challenges, and severe functional impairments, all of which make everyday living more challenging and affect the lives of their caretakers and loved ones. Early intervention and ongoing therapy can help manage these symptoms and improve the quality of life for TBI victims and their families.
Determining Liability in a Michigan TBI Claim
Your ability to recover compensation following a traumatic brain injury depends on proving the liability of one or more other parties for causing the injury. For example, in a motor vehicle accident case, this may be another driver or the manufacturer of a defective vehicle or car part. If the injury resulted from a slip-and-fall accident, you may need to prove the property owner failed to address or warn you or your loved one of dangerous conditions. Determining liability in your TBI claim involves proving that another party’s negligence caused the injury. Your attorney must establish that:
- The other party had a responsibility to avoid causing harm
- They breached this duty through negligent action or inaction
- This breach directly caused the traumatic brain injury
- You or your loved one suffered actual harm as a result
Your attorney will gather evidence to support your TBI claim, including accident reports, witness statements, medical records, and expert testimony. They will also fight back against attempts by the at-fault party to shift blame to you or your loved one, protecting your right to recover the full compensation you’re owed.
What a Royal Oak, MI, Traumatic Brain Injury Lawyer Can Do for You
The process of seeking compensation through a personal injury claim is highly involved and requires the time, attention, and resources of an experienced Michigan personal injury lawyer. Your attorney will provide critical assistance in pursuing your TBI claim by:
- Assessing the details of your case to determine its viability and potential compensation
- Gathering and organizing crucial evidence, such as medical records, accident reports, and witness testimonies
- Consulting medical and vocational experts to substantiate the extent and impact of your TBI
- Advocating for your rights in negotiations with insurance companies and opposing parties
- Working in pursuit of a fair settlement that covers your medical expenses, lost wages, and other losses arising from the injury
- Representing you in court if negotiation doesn’t result in a fair settlement offer
Having a knowledgeable attorney on your side ensures that all legal aspects of your claim are handled professionally, allowing you to focus on recovery. The team at Oak Law, is dedicated to fighting for the compensation you deserve and providing the support you need at every stage of the legal process.
Compensation Available in a Michigan TBI Claim
Victims of traumatic brain injuries in Michigan may be entitled to various forms of compensation, depending on the nature of the accident, the severity of the injury, and their long-term prospects for making a physical recovery. An attorney may pursue compensation for:
- Medical expenses, including the cost of emergency care, hospital stays, surgeries, medications, rehabilitation, and ongoing treatment
- Lost wages, including compensation for income lost due to the inability to work during recovery and any future earning capacity reduction
- Pain and suffering, including compensation for physical pain, emotional distress, and reduced quality of life resulting from the TBI
- Permanent impairments or disfigurement caused by the injury
- A spouse’s loss of companionship or support
- Home modifications needed to accommodate disabilities, such as wheelchair ramps
An experienced Royal Oak, MI, TBI attorney can help you identify and pursue all applicable forms of compensation and fight for a fair and comprehensive settlement. While your compensation may be affected by Michigan’s comparative fault law if you or your loved one were partially responsible for causing the accident, your lawyer will work to establish the full liability of the other party and preserve your right to full compensation.
Deadline to File a TBI Lawsuit in Michigan
In Michigan, the statute of limitations for filing a personal injury lawsuit, including traumatic brain injury lawsuits, typically gives a victim three years from the date of the injury to initiate legal action against the at-fault party. Certain circumstances may create exceptions to this deadline, and consulting an attorney as soon as possible after the injury will make it easier to ensure they file the paperwork on time and preserve your right to seek compensation.
Contact a TBI Attorney in Royal Oak, MI, Today
If you or someone you love is experiencing the effects of a recent traumatic brain injury, you need strong legal representation to fight for your family’s rights to compensation, justice, and accountability. Contact the team at Oak Law, today to arrange a free, no-obligation consultation with an experienced and compassionate personal injury attorney in Royal Oak, MI. We’ll listen to your story, explain your legal rights, and advise you on your next steps. Together, we can work to recover the compensation you deserve.
