A traumatic brain injury, or TBI, is a type of injury to the brain that is caused by a bump, blow, jolt, or penetration to the head. In a single year, more than 2.53 million people were treated in emergency rooms for TBIs, while an additional 288,000 people were hospitalized for this injury. On average, 155 people in the United States die from traumatic brain injuries every day.

Traumatic brain injuries have many possible causes, including falls, motor vehicle crashes, and being struck by or against an object. If you suffered a TBI that was caused by another person, our Indiana traumatic brain injury attorneys will fight to get you the compensation that you deserve. A TBI settlement may include money for your lost wages, medical bills, pain and suffering, permanent disability, and more.

Habig Injury Law represents clients throughout Central and Southern Indiana who have been hurt in all types of accidents. Whether you suffered a relatively minor injury or a catastrophic injury like a TBI, we can help you get the money that you are entitled to under Indiana law. Contact our law offices today to schedule a free initial consultation with an Indiana personal injury lawyer.

Understanding Traumatic Brain Injuries

A traumatic brain injury is a type of injury that causes disruption to the normal function of the brain. A TBI can be relatively mild, causing minor symptoms that are temporary in nature. In more serious cases, a TBI can cause serious or life-threatening harm.

TBIs are often caused by a blow or another traumatic injury to the head. There are many possible causes of TBIs. Most commonly, traumatic brain injuries are caused by:

When a traumatic brain injury is caused by another person, you may be able to file a lawsuit against the at-fault party for your losses.

The signs and symptoms of a traumatic brain injury will vary based on the severity of the injury. For mild TBIs, the symptoms may include:

  • Headache
  • Nausea or vomiting
  • Fatigue or drowsiness
  • Dizziness
  • Sensitivity to light and sound
  • Brief loss of consciousness
  • Memory problems
  • Mood changes
  • Difficulty sleeping
  • Sensory problems

For more serious TBIs, the symptoms may be more extreme. Signs and symptoms of a moderate to severe TBI include:

  • Loss of consciousness for several minutes or hours
  • Repeated vomiting
  • Persistent headache
  • Seizures
  • Dilation of one or both pupils
  • Inability to awaken
  • Clear fluids draining from the nose or ears
  • Loss of coordination
  • Weakness or numbness in extremities
  • Profound confusion
  • Slurred speech
  • Agitation
  • Coma

A traumatic brain injury is considered a medical emergency. It can result in serious complications, including a coma, seizures, hydrocephalus, lasting headaches, vertigo, a vegetative state, hearing loss, memory problems, mood and behavioral changes, mental health issues, degenerative brain disease, and death.

Because a traumatic brain injury can be life-threatening, it is important to seek medical care immediately if you have suffered a blow to the head (including in a fall or auto accident).  Doctors will assess your injury using the Glasgow Coma Scale, asking questions about the nature of the injury, and requesting imaging tests such as a computerized tomography (CT) scan and a magnetic resonance imaging (MRI) test. They may also use an intracranial pressure monitor to monitor pressure in the brain.

Treatment for a TBI will depend on the severity of the injury. For a mild TBI, treatment may be limited to over-the-counter pain relievers and rest at home. For moderate to severe TBIs, emergency treatment will focus on making sure that you have enough oxygen and blood supply, maintaining blood pressure, and preventing further injury. Medications to treat seizures, reduce fluids, and even induce a coma may be necessary.

In more serious cases, emergency surgery may be necessary to relieve pressure, remove blood clots, repair skull fractures, and/or stop bleeding in the brain. People with a significant brain injury will likely require different therapies over time to recover their abilities. This may include physical therapy, occupational therapy, speech and language therapy, and other types of therapies.

Brain injuries can cause lasting disability and may even result in death. If you have suffered a TBI in an accident, our Indiana personal injury lawyers can help you determine if you have grounds to file a claim. We will then aggressively advocate for your right to full compensation.

Filing a Lawsuit for a Traumatic Brain Injury in Indiana 

When a traumatic brain injury is caused by another person’s intentional, reckless, or careless behavior, you may be able to file a personal injury claim against them. This lawsuit may be based on a slip and fall accident, a car or truck accident, elder abuse, child injuries, or another type of accident. If a loved one dies as a result of a traumatic brain injury, you may be able to pursue compensation through a wrongful death lawsuit.

Most personal injury claims are based on a theory of negligence. In the legal system, negligence is the failure to use the level of care that a reasonable person would use in a similar situation. Another way that negligence is commonly described is as carelessness.

A person can be careless in any number of ways. For example, a person who rolls a stop sign and hits a pedestrian is considered negligent. A property owner who knows about a broken step on their porch but doesn’t fix it or warn people about it may also be negligent if a visitor falls on the step.

The legal standard for negligence varies slightly based on the type of case. Generally, to win a personal injury lawsuit, you will have to prove four elements:

  1. Duty: The at-fault party owed you a duty to use reasonable care
  2. Breach: The at-fault party violated this duty in some way
  3. Causation: This violation caused your accident or injury
  4. Damages: You suffered losses as a result

You can also file a lawsuit for a traumatic brain injury caused by reckless or intentional conduct. For example, if a caregiver at a nursing home physically assaults a family member and causes a brain injury, then that person and their employer could be held responsible. Alternatively, if a drunk driver slams into your vehicle and you suffer a brain injury, you could pursue a claim. Importantly, even if criminal charges are not filed in your case, you can still file a personal injury lawsuit.

As seasoned Indiana TBI attorneys, we are skilled at gathering the necessary evidence to support a personal injury claim. We will interview witnesses, request police reports, analyze photos and videos of the accident scene, and review medical records. We will also evaluate insurance policies and research Indiana law to put together the strongest possible claim for compensation.

We know how devastating a traumatic brain injury can be for both the victim and their loved ones. In each case, our goal is to get you maximum compensation so that you can move forward with your life. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you.

How to Get Maximum Compensation for Your TBI Claim

In any personal injury case, you may be entitled to recover three types of compensation, known as damages. This includes economic damages and non-economic damages, which are referred to as compensatory damages. In some cases, you may also be awarded punitive damages.

Economic damages pay for direct financial losses after an accident. This may include money for medical bills, future medical care, lost wages, reduced earning capacity, and property damages. Economic damages can often be significant in TBI cases because of the need for significant medical treatment and the potential impact of a disability on a person’s ability to work.

Non-economic damages pay for indirect losses, such as pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress. In cases involving permanent injury, non-economic damages can also be high. A person who may never fully recover from their TBI will likely have more “pain and suffering” losses compared to a person who may be better after a few weeks or months.

Punitive damages may be available in cases where the at-fault party acted intentionally or recklessly, such as a drunk driving accident. These damages are designed to punish someone who acted badly rather than compensate a victim. Our Indiana personal injury lawyers can advise you of your potential right to recover punitive damages.

In cases where a person died from a traumatic brain injury, their estate may file a wrongful death lawsuit against the at-fault party. The deceased person’s survivors can recover damages for funeral and burial costs, medical expenses, loss of future earnings, and loss of the deceased’s love, affection, training, care, and guidance. 

Our Indiana traumatic brain injury attorneys fight to get our clients top dollar for their injuries. We know how devastating a TBI can be and work hard to make sure that our clients get the money that they deserve. We won’t back down from a challenge, and when necessary, we will take your case to court to get you full compensation for your losses.

Help for TBI Victims in Indiana

A traumatic brain injury can change the course of your life. If you have suffered a TBI in an accident, you may be entitled to financial compensation for your losses. Our law firm is here to advocate for you.

With offices in Greenwood and Bloomfield, Habig Injury Law represents clients throughout Southern and Central Indiana who have been hurt in all types of accidents. We work hard to help our clients get maximum compensation for their injuries. To learn more or to schedule a free initial consultation with an Indiana traumatic brain injury lawyer, call our law offices at 317-642-3813 or fill out our online contact form.

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