A traumatic brain injury, or TBI, can be life-altering, and if someone’s negligence caused it, you may be able to sue the person or entity responsible. These injuries often require long-term medical care and support. Victims and their loved ones often ask our attorneys about brain injury claims, who they might be able to sue, and what steps to take next. We’re here to help. Due to the complicated nature of head trauma and the high stakes, it’s smart to consider how a lawyer can help with traumatic brain injury recovery and navigate the legal process. Negligence laws and liability rules vary by state, and how a brain injury claim proceeds can depend on where the incident occurred.
What Is a TBI?
A traumatic brain injury refers to sudden damage to the brain, typically resulting from head impact or skull penetration. TBIs are categorized by seriousness—mild, moderate, and severe—which typically indicates the intensity of the symptoms and consequences, but delayed onset and other factors make these injuries unique. Even the most mild TBI can cause lifelong damage.
Events like a motor vehicle accident, a trip and fall, or a workplace incident can cause head trauma. Unlike obvious personal injuries, like broken bones, TBIs can be difficult to diagnose and treat due to their delayed onset and seemingly invisible symptoms. When cognitive changes and memory loss or other effects appear gradually, early evaluation, ongoing medical care, and a lawyer to help with TBI injury recovery can be critical.
Physical Effects of a TBI
The severity and location of the trauma can change how someone is impacted and whether the effects manifest instantly or gradually. Generally, brain function may be disrupted in one or more of these areas:
- Physical – Persistent headaches, nausea, vomiting, dizziness, blurred vision, and seizures
- Cognitive – Memory loss, difficulty concentrating, and “brain fog”
- Emotional – Irritability, depression, anxiety, and sudden mood swings
- Sensory – Sensitivity to light and sound or ringing in the ears (tinnitus)
Medical recovery from a TBI is highly individualized, requiring specialized tests to discover the exact impairment and treatment pathways, and financial relief may necessitate pursuing legal action through a brain injury claim.
Who Could Be Responsible for a Traumatic Brain Injury?
The person or entity whose negligence or intentional actions caused the traumatic incident may be liable for the resulting brain injury. Liability may involve one or more individuals or entities across a spectrum of different scenarios.
Negligent Drivers
Individuals who fail to follow traffic laws and cause accidents by speeding, driving distracted, or operating while impaired may be responsible for the motorcycle crash injury or car wreck trauma.
Property Owners
Owners of public or private property may be liable for a TBI when unsafe or poorly maintained conditions cause a person to slip and fall or another harmful event.
Employers
Certain situations, such as when a carrier employs a semi-truck driver who causes an accident, can shift liability from the employee to the business. These claims depend heavily on whether the jurisdiction recognizes vicarious liability, a doctrine that holds employers liable for their employees’ actions.
Manufacturers
If a defective or dangerous product, such as a helmet, machinery, or safety equipment, contributes to a traumatic brain injury, the company that designed, produced, or distributed the item may be named in a lawsuit.
What Do You Have to Prove in a Brain Injury Lawsuit?
Someone pursuing a personal injury claim must prove four legal elements: duty, breach of duty, causation, and damages.
- Duty: Establishes the responsibility of the at-fault party (e.g., to drive safely, create a safe workplace, follow safety standards)
- Breach of Duty: How the person or entity failed their responsibilities (driving recklessly, failing to maintain equipment, ignoring industry safety testing)
- Causation: The link between the breach and the traumatic brain injury (the person’s reckless driving or negligence caused the incident and the head trauma)
- Damages: Demonstrate the economic or non-economic damages resulting from the injury
How a Lawyer Can Help With Traumatic Brain Injury Recovery
Calculating injury recovery involves translating intangible losses, such as pain and suffering and reduced enjoyment, into objective financial figures. Here’s how a lawyer can help define damages for TBI recovery:
- Discovering all contributing parties may help establish the financial and legal foundation that multi-year rehabilitation may involve
- Protect against comparative negligence, where recognized, to help prevent a claim from being barred or reduced
- Gather medical professionals’ opinions on causation and long-term consequences to factor in future losses
- Calculate the full impact of the injury, including pain and suffering, income loss, and other elements across an expected lifespan
How Long Does a TBI Lawsuit Take?
Brain injury cases can take months or years to resolve, depending on the injury severity and whether an agreement can be reached without going to trial. Maximum Medical Improvement (MMI), the point at which a patient’s condition has stabilized, impacts the timeline for TBI claims. Reaching this medical milestone can be unpredictable, but it is necessary to ensure the damages account for the reality of the injury.
Why You Need a Lawyer for Your Traumatic Brain Injury
A brain injury claim is complex, and a lawyer’s access to resources—medical specialists, life-care planners, accident reconstructionists, and other experts—can help establish facts of the case. When insurance companies face a well-documented claim, they may consider resolving it early rather than risking a trial.
When to Contact a Lawyer for a Brain Injury Lawsuit
Consider speaking to a lawyer as soon as you suspect a catastrophic injury, and preferably before giving a recorded statement to the insurance adjuster. The hours and days following an accident are often critical for treatment and collecting evidence. A law firm can help secure scene photos, surveillance footage, and witness statements while these are still fresh.
Contacting a lawyer early can also make sure you have help handling communications with the insurer. Having legal representation shows the carrier you’re serious and may help protect your rights if an adjuster tries to minimize your brain injury claim or attempts other acts of bad faith.
If you’ve suffered a serious head injury and are wondering, “Can I sue for a TBI?” our lawyers are here to help you explore your legal options. We’re experienced in traumatic injury cases and provide compassionate, caring assistance. Contact the attorneys at DBJ Law today for a legal consultation.