Suffering head trauma in an accident can have devastating and life-altering effects. If you sustained a head injury or brain damage in an accident or other incident that someone else caused, you may be entitled to compensation for your injuries and financial losses. To pursue the money you deserve to get your life back in order, you need an experienced Wisconsin brain injury attorney.
At LawtonCates, we have extensive experience handling complex cases involving several types of brain injuries. We are dedicated to seeking the best outcome for our clients. Our law firm offers free case evaluations so you can talk to an attorney about your brain injury case at no initial cost or obligation.
If you need a brain injury lawyer in Wisconsin, you need LawtonCates. Contact us today.
What a Traumatic Brain Injury Attorney Can Do
With a Wisconsin brain injury lawyer on your side from the start, you can be confident you have the best possible chance to recover the money you need in the aftermath of an accident. Your attorney will advise you throughout the legal process, take the necessary steps to build a strong case, and ultimately file a lawsuit if necessary. An attorney from a brain injury law firm like LawtonCates will:
- Gather the available evidence to support your claim
- Interview any eyewitness
- Consult with your medical providers about your injuries
- Obtain your medical records and bills upon your authorization
- Calculate your lost wages and expected future lost income
- Evaluate how the TBI has changed your life
- Assess the total value of your traumatic brain injury claim
- Timely file the required claim paperwork to seek brain injury compensation from the insurance companies
- Communicate and negotiate with the insurance companies for a full and fair settlement
- Counsel you concerning any settlement offers
- Prepare and file a lawsuit if a reasonable settlement cannot be reached
- Represent you throughout the litigation and the duration of the trial
What Compensation Can I Pursue for a Traumatic Brain Injury?
Brain injury compensation differs among victims, but the money you can seek is often for the same types of losses. An attorney from LawtonCates will thoroughly evaluate your case and determine the type and amount of compensation you can pursue from the party responsible for the accident that caused your injuries. We will determine the scope of your losses and demand the maximum amount you are due, which may include money for:
- Past and future medical expenses
- Lost income
- Loss of future earning capacity
- Pain and suffering
- Mental distress
- Loss of consortium for your spouse
How Long Do I Have to File a Traumatic Brain Injury Lawsuit in Wisconsin?
Wisconsin law dictates when you can file your brain injury lawsuit. The deadline set by the statute of limitations is generally three years from the date of the incident that caused your injuries. You should contact a LawtonCates lawyer to get the filing date specific to your case. If you fail to file your lawsuit within this specified time frame, a judge will likely dismiss your case and you will lose the opportunity to pursue the compensation you are due in court.
Contacting a skilled and knowledgeable brain injury attorney as soon as possible after the accident is critical so they can protect your legal rights. Although three years (or other) may seem like a long time, your attorney needs this time to build a robust case. Before the filing deadline expires, your attorney must gather the necessary evidence to support your brain injury claim in preparation for a potential lawsuit. If the insurance companies refuse to negotiate and offer you a full and fair settlement for the money you deserve, your attorney will not hesitate to file suit on your behalf.
Recovering from a brain injury is stressful. Let an experienced personal injury attorney manage this and other pertinent case management deadlines so you can heal without having to worry about filing your lawsuit in time.
What Are the Types of Traumatic Brain Injuries?
A traumatic brain injury (TBI) is a severe injury caused by an external source, such as when an accident victim hits their head on the dashboard or when a foreign object, such as a bullet or shrapnel from a wreck, penetrates the skull. Some different types of traumatic brain injuries include:
- Concussion – A concussion is a TBI that occurs when a person gets a bump or blow to the head. Concussions are often sustained in motor vehicle accidents and falls.
- Penetrating brain injury – This often-fatal brain injury occurs when a foreign body pierces the victim’s skull.
- Brain herniation – A brain herniation occurs when swelling and bleeding cause pressure to build in the skull. Compression of the brain tissue can result in brain damage, stroke, or even death.
- Cerebral hemorrhage – This type of TBI is a stroke caused by trauma that results in a brain bleed.
- Coup-contrecoup – This brain injury occurs when the brain strikes one side of the skull and rebounds to strike the other side.
- Diffuse axonal injury – This traumatic brain injury is characterized by rapid acceleration, deceleration, or rotation that exerts extreme force on the brain’s white matter (composed of bundles of axons). This TBI can result in the loss of consciousness or a coma.
Although the causes of brain injuries can vary widely, common causes of TBIs include falls, motor vehicle accidents, firearm-related injuries, and assaults. Unfortunately, domestic violence victims or crime victims who are struck in the face, shaken, or choked are at risk for a TBI.
Participants in sports are also at risk for traumatic brain injuries, especially contact sports like football and hockey. In addition, servicemen and women, particularly those returning from recent conflicts in the Middle East, have higher rates of combat-related brain injuries, including TBIs.
TBI symptoms vary depending on the type and severity of the head injury. Further, the area of the brain most impacted will also dictate what symptoms the victim may experience. TBIs are generally categorized as mild, moderate, or severe.
The CDC has identified specific symptoms associated with a mild brain injury (TBI or concussion), including:
- Dizziness
- Balance issues
- Difficulty concentrating
- Headaches
- Trouble sleeping
- Nausea
- Short or long-term memory problems
- Sensitivity to light and sound
Moderate or severe TBI symptoms are more significant and can manifest as:
- Depression
- Anxiety
- Personality changes
- Weakness in the extremities
- Anger or aggression
- Difficulty communicating
- Trouble with impulse control
The effects of a TBI can vary from person to person and even change throughout recovery. Most people who suffer from TBIs experience physical symptoms along with difficulty thinking or learning and changes in their motor skills or behavior.
A traumatic brain injury, whether mild or severe, can be life-changing for the victim and their family, especially if it affects the victim’s ability to speak, their emotional well-being, and their memory.
The long-term effects of a brain injury depend on where in the brain the trauma took place. According to one researcher at the University of Utah, “[t]he frontal lobe or forehead area regulates reasoning, problem solving, judgment, impulse control, and planning, and damage there can lead to engaging in risky or inappropriate behaviors.”
Damage to the left side of the brain can result in problems with logic, speech, talking, and understanding others. However, trauma to the right side of the brain can cause issues with processing visual information and apraxia, the ability to perform familiar tasks such as brushing your teeth.
Long-term effects can vary depending on the severity of the brain injury. Unfortunately, increased severity means physical impairments along with cognitive impairments, disturbed sleep, and depression.
The type of appropriate treatment for a TBI depends on whether the TBI is mild or moderate/severe. For a mild TBI, your doctor may simply recommend rest and over-the-counter pain relievers. They may perform regular checkups to monitor for any new or worsening symptoms.
If you suffer a moderate or severe brain injury, you will require emergency medical care, including surgery to relieve pressure in your skull, remove blood clots, or repair fractures to your skull. You may require prescription pain medication, antidepressants, or even stimulants to increase alertness.
TBI victims often require extensive rehabilitation treatment to improve their ability to perform daily living activities in the aftermath of an accident. They may need the following therapies:
- Physical therapy
- Speech therapy
- Occupational therapy
- Psychological therapy