Traumatic Brain Injuries, or TBIs, are among the most severe types of injuries. It is one of the most common causes of disability and death in the US. TBIs can happen in a wide range of incidents, including motor vehicle accidents, sports injuries, and workplace accidents.
While a TBI can have devastating consequences, they can often be challenging to detect. Cases that involve TBIs are also complex, usually requiring the legal expertise of an experienced personal injury lawyer. Unfortunately, many TBI cases result from the negligence or misconduct of another party. If you suffered due to someone else’s fault, you have the right to seek compensation for your losses from them.
If you or a loved one suffered a TBI in Milwaukee, please contact us at Gingras, Thomsen & Wachs LLP. We are a Milwaukee traumatic brain injury law firm that can help you get justice. Our Milwaukee brain injury attorneys will work closely with you to fully understand the impact of the injury, and guide you to the best legal course of action to get maximum compensation for your suffering.
Traumatic brain injuries disrupt the normal function of the brain. This could be a result of any type of external force to the head, including a blow or jolt to the head. The severity of a TBI can range from mild concussions to severe trauma that results in coma or death.
There are two types of TBIs – closed brain injury and penetrating brain injury. A closed brain injury happens when there is no break in the skull. For example, sudden and forceful back-and-forth movement of the brain can cause bruising and tearing of the brain tissue, resulting in a TBI. A penetrating injury is when an object strikes the head and breaks the skull, such as a bullet piercing the brain.
Common symptoms of TBIs include headache that gets worse over time, loss of consciousness, nausea and repeated vomiting, loss of vision, slurred speech, and seizures. The long-term impact of TBIs can include cognitive impairment, such as memory loss.
While recovering from moderate TBIs may only require rest for a few weeks or months, more serious cases may require surgery, long-term care, and other types of medical treatment. Brain injury victims often have to endure prolonged rest or extensive rehabilitation to fully recover from the accident. Unfortunately, there are cases of victims where they never fully recover, affecting their quality of life and ability to perform daily activities.
Legal Challenges of TBI Cases
Cases with severe traumatic brain injuries present unique legal challenges. One of the biggest challenges is the complexity of the injury. As the impact of the injury can manifest in a wide range of symptoms, it can be challenging to diagnose and prove the extent of the injuries.
Proving liability in such cases is another challenge as the victim must prove beyond a reasonable doubt that their injury was a direct result of the negligence or wrongdoing of another party. To establish liability, the victim would have to rely on documents and evidence. This may include testimony from subject matter experts, eyewitness statements, in-depth medical evaluations, and accident reports.
Not all personal injury attorneys can handle cases with extensive medical complexities and the nuanced understanding required for traumatic brain injuries.
In some cases, the insurance companies will employ different tactics to deflect liability and reduce their payouts. Commonly used strategies by insurance companies include unnecessary delays in the process or pressuring the victim to accept an unreasonably low amount. The top TBI lawyers in Milwaukee use their legal expertise to counter these strategies.
Steps to Take After a Brain Injury
If you have suffered a brain injury, your top priority should be to get a thorough medical checkup. You should get medical attention even for a mild traumatic brain injury.
If you are in stable condition at the accident scene, you can start gathering evidence to build a strong case. This includes gathering evidence like photos, contact information of witnesses, police reports, and anything relevant to your case.
If you suffered a severe brain injury in an insured event, such as a car accident, you should notify your auto insurance provider as soon as possible. Schedule a consultation with an attorney to assess your case and guide you to the best legal options. In some cases, a personal injury lawsuit is a better option than a personal injury claim.
As a head injury often requires rest, do not exert yourself too much. Allow your attorney to handle the legal aspects of your case while you focus on recovering from the accident.
Personal injury cases have a statute of limitations, which establishes the maximum time you have to initiate legal action. In Wisconsin, the statute of limitation for personal injury claims is usually three years from the date of the injury. There could be exceptions that apply to your case. Our traumatic brain injury lawyers in Milwaukee can guide you on how long you have to take legal action.
Comprehensive Legal Services for Traumatic Brain Injury Accidents
If you or a loved one has been a victim of someone’s negligence and are experiencing any of the symptoms of a traumatic brain injury, we strongly recommend you get professional legal representation as soon as possible.
The impact of head injuries can be severe and may last for a long time. If you have suffered a head injury, you need to ensure you get the maximum compensation possible, including damages for your short-term and long-term expenses. This includes economic and non-economic expenses.
At Gingras, Thomsen & Wachs LLP, we offer comprehensive legal services for cases involving traumatic brain injuries. We know the complexities of such cases and have been successful in getting our clients justice. Our legal services include everything from the initial case assessment to representation and advocacy in court. We can also use our experience and resources to perform a detailed investigation to build a strong case and we can negotiate with the opposing party to reach a favorable settlement. To consult one of our brain injury lawyers in Milwaukee, please contact us. We also handle a variety of other personal injury cases in Milwaukee, to learn more click here.