Severe injuries of any kind can be devastating and life-changing. However, severe brain injuries can be even more traumatic. Not only could they require lifelong ongoing medical care, but the injured person’s cognitive abilities can be affected. Add to these stressors the financial instability accompanying these injuries, and the picture is bleak. However, there is hope. A Watertown traumatic brain injury lawyer from Turbak Law Office, P.C. can help.
Was someone else responsible for the accident that caused your very severe traumatic brain injury? You may be entitled to compensation for your losses. At Turbak Law Office, P.C., our team of personal injury lawyers has worked with clients with traumatic brain injuries (TBI) for over 40 years. Read our client testimonials and case results and you’ll see that we know the challenges that result from a traumatic brain injury.
Common Causes of Traumatic Brain Injuries
A variety of accidents and injuries can cause traumatic brain injuries. For instance, some of the more common causes of head injury and TBIs include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Slip and Falls
- Bicycle accidents
- Sports injuries
- Violence/Attacks
Types of Traumatic Brain Injuries
Generally, there are two classifications of brain injuries. Closed brain injuries occur when the brain is shaken inside the skull. Penetrating brain or head injuries occur when an object penetrates the skull. For example, some of the more common kinds of brain injuries are:
- Concussions – Concussions are a mild form of brain injury, typically resulting from an impact to the head or body. Symptoms of concussions include headaches, trouble concentrating, mood swings, and balance issues.
- Diffuse Axonal Injury (DAI)—DAIs occur when the brain shifts and rotates inside the skull. DAI is the shearing of the long connecting nerve fibers of the brain. DAI usually results in coma and damage to many different parts of the brain.
- Hematomas—Bleeding from a burst blood vessel can lead to a buildup of blood in and around the brain. There are different types, depending on whether the blood pools in the membranes enclosing the brain. They can be life-threatening and cause headaches, nausea, vomiting, and dizziness.
- Chronic traumatic encephalopathy (CTE) –This progressive neurological disorder results in difficulty with thinking, movement, impulse control, communication, and irritability. CTE takes years to develop and become symptomatic. Many brain injury survivors are athletes in boxing, football, and other high-contact sports who have been diagnosed with CTE after they retired.
Compensation For Traumatic Brain Injuries
For instance, the compensation from a personal injury claim for a traumatic brain injury (TBI) lawyer could get includes money for:
- Medical expenses—Medical expenses include any out-of-pocket costs for medical treatments, follow-up appointments, prescriptions, any physical changes that need to be made to your house to accommodate the injuries, and even transportation to and from your medical appointments.
- Long-Term Care – People with traumatic brain injuries may need long-term care in a rehabilitation facility. You may need 24-hour nursing care at your home as well.
- Lost Wages – You can be compensated for the times you miss work because of your injuries. If you cannot return to work due to the accident, you could claim compensation for the earnings you would have made in the future.
- Pain and Suffering – This includes compensation for your ongoing physical pain and emotional suffering because of the accident. Pain and suffering can also include loss of life enjoyment or loss of consortium, as well as depression and anxiety.
You Should Speak to a Watertown Traumatic Brain Injury Attorney
Since TBIs can be serious and life-threatening, you may have high medical bills with less money coming in. You need a dedicated and knowledgeable Watertown traumatic brain injury attorney by your side through every step of your case. For instance, the specific ways an experienced severe brain injury attorney can help are:
First Consultation
Your attorney will meet with you to review the scenarios that led to the TBI and other injuries.
Investigate the Accident
Your lawyer will investigate the location of the accident, gather evidence from the scene, from any CCTV or other video that is available, collect black box data from vehicles if you were injured in a motor vehicle accident. Additionally, they can obtain a copy of any accident or police reports, speak to witnesses, and determine who is liable for your injuries.
Hire Experts
Your case may need to be strengthened with an expert opinion from an accident reconstructionist or a doctor who specializes in TBIs.
File Your Claim
If the at-fault party is insured, your attorney will file a claim with their insurance company on your behalf.
Communicate with Other Parties
Your lawyer will handle all communications with the insurance company and their lawyers to move the claim forward. Additionally, you will not have to speak with anyone other than your lawyer while you recuperate.
Negotiate a Settlement
Your Watertown traumatic brain injury lawyer will negotiate with the insurer for a fair settlement for the total of your accident-related losses.
File a Personal Injury Lawsuit
If no appropriate settlement can be reached, your lawyer will file a traumatic brain injury lawsuit and will present your case in court.
It is important to remember that insurance companies are not looking out for your best interests in traumatic brain injury cases. They answer to their shareholders. Insurance companies want to pay out settlements for as little money as possible for most personal injury cases, even severe cases that affect brain injury victims. The insurance company has aggressive attorneys that you encounter when filing a lawsuit. Consequently, you should, too.
You Don’t Pay Anything Unless We Win Your Brain Injury Case
A seasoned Watertown traumatic brain injury lawyer has the experience to handle your case in a way that best positions you to achieve the greatest possible amount of compensation. A Watertown traumatic brain injury lawyer from Turbak Law Office, P.C. will fight for your legal rights so you can concentrate on your recovery. As a brain injury law firm, we have the experience you need. Contact us online or call 605-886-8361 today for a free consultation for your serious brain injury case.
Brain Injury Frequently Asked Questions
TBIs are life-altering for brain injury victims, and we understand you will have many questions about your case. In addition, every brain injury case is different. However, we have seen over the years that there are general questions that can be answered here, relieving some of your stress before our first consultation.
I can’t afford an attorney. How will your firm get paid?
Our firm works on a contingency basis, which means we only get paid if you collect compensation for your injuries. If you don’t get paid, neither do we. Our fee is a percentage of your total settlement amount.
Will I have to go to court?
A high percentage of our brain injury cases settle before any court action is needed. If we file a personal injury lawsuit, you may have to attend some court hearings, but not all. How many hearings you must attend depends on the complexity of your brain injury claim.
What should I do if the insurance company contacts me with a settlement offer?
Do not speak with them about your case. Insurance companies will make a settlement offer when you are the most vulnerable. The offer is most likely lower than you deserve. You should refer them to your Watertown traumatic brain injury lawyer, who knows how to assess the actual value of your claim and recognize any lowball offers.
It depends on many factors, including the complexity of your case, the severity of your injuries, and the willingness of the insurance companies to give you a fair settlement. Your case will also last longer if a personal injury lawsuit is required. However, claims can take from six months up to two years or longer to settle.
What should I do after an accident?
If you are involved in an accident, the first action is to get immediate medical attention for your injuries. Then, you should attempt to get any eyewitnesses’ names and contact information. If you’re able, you should document the scene by taking pictures and videos with your cell phone. If you are too injured to do this, someone else at the scene will. Finally, stay off social media until the case is considered closed. Consequently, the insurance company may scroll your social media pages to prove that your injuries are not as bad as you claim.
Do I need an attorney for my TBI case?
Legally, you do not need an attorney for a brain injury case. However, we strongly encourage you to hire an experienced and knowledgeable attorney to handle your claim. The insurance company will hire the best lawyers they can find, and you should do the same. You get one chance to collect compensation for your injuries, and hiring a lawyer gives you a much better chance of getting the money you need.
How much will I get for my TBI claim?
There are a lot of factors that go into settlement negotiations for your injuries. It will depend on the severity of your injuries, how your life is impacted by traumatic brain injury caused by the accident, and the circumstances surrounding the incident.
Contact a Watertown Traumatic Brain Injury Lawyer Today
Turbak Law Office, P.C. has been in business since 1982 and our law firm is dedicated to helping clients with their personal injury cases. Consequently, that is the only type of legal work our Watertown personal injury lawyers do. Our brain injury attorneys have won numerous legal awards from the U.S. News & World Report, Super Lawyers, and Martindale-Hubbell. Our traumatic brain injury lawyers in Watertown are all from the Watertown area in South Dakota. Our legal team knows how the court systems work and how best to represent your interests in a traumatic brain injury case.
Call us online today or contact us today at 605-886-8361 for a free consultation with a Watertown brain injury lawyer. Additionally, our legal team will be there for you from the start of your legal action and case until the very end.