Frequently Asked Questions About Brain Injury Lawsuits

Posted on behalf of Jeff Pitman on May 25, 2017 in Brain Injuries
Updated on April 12, 2022

man holding his bandaged handA brain injury can cause a once fully-abled person to become extremely limited in his or her physical and cognitive abilities.

Victims who have suffered a brain injury may become completely dependent on caregiver assistance and undergo a dramatic personality change that alters their identity.

This list is a compilation of frequently asked questions our brain injury attorneys often hear. If you have any further questions, do not hesitate to contact the personal injury lawyers PKSD for a free, no obligation consultation.

What is a Brain Injury?

A brain injury is damage inflicted upon the brain that often results in temporary or permanent neurological damage and functional impairment.

A person who suffers a brain injury might experience severe cognitive impairment or be limited in the abilities he or she can physically perform.

What Causes Brain Injuries?

A brain injury occurs when the organ is subjected to a destructive event or the brain cells begin to deteriorate, which can result from:

  • Auto accidents
  • Work-related accidents
  • Deprivation of oxygen (anoxia)
  • Irregular rapid movement
  • Assaults
  • Infections
  • Slip and fall accidents
  • Internal bleeding
  • Introduction of harmful bacteria
  • Exposure to toxic substances
  • Sports-related accidents
  • Motor vehicle crashes

There are many ways that a person can acquire a brain injury. Our experienced brain injury attorneys can help you file the proper brain injury claim that may help you recover the damages you deserve.

Are There Different Types of Brain Injuries?

Yes, there are several types of brain injuries that a person can suffer from. Brain injuries are classified based on the head trauma sustained by the victim and the severity of the injury.

There are four types of brain injuries:

Closed Head Injuries

These occur when the brain makes contact with the inside of the skull and is the most commonly reported type of brain injury. A closed head injury is often seen in car accidents, sports-related head injuries, falls and assaults.

Penetrating Brain Injuries

Also referred to as an open head injury, this is caused by a foreign object penetrating the skull and disrupting brain tissue.

A penetrating injury often occurs during accidents that involve flying projectiles, gunshot incidents and assaults.

Anoxic Brain Injuries

This form of brain injury is caused by deprivation or reduction of oxygen, which causes brain cells to die.

Anoxic brain injuries have a widespread effect on the brain, rather than targeted damage to a specific area as seen in closed or penetrating head injuries.

Toxic Brain Injuries

This type of injury occurs when the brain is exposed to a toxic chemical or bacteria which can damage or kill brain cells.

What is a TBI?

Brain injuries that are caused by a sudden external force that causes physical damage to the brain are called traumatic brain injuries (TBI).

The damage caused by TBIs is usually confined to the area in which the impact or penetration occurred. A TBI can vary in severity based on the patient’s symptoms and is classified as mild, moderate or severe.

Mild TBI

The effects of a mild TBI are similar to a concussion and include:

  • Loss of consciousness for 30 minutes or more
  • Memory loss
  • Headaches
  • Nausea
  • groggy, feeling foggy
  • Seizures
  • Dizziness/loss of balance
  • Visual disturbances
  • Irritability and emotional disturbances
  • Depression

Mild TBIs are the most common type of brain injuries. The symptoms are often subtle and can take days or weeks before they appear, causing many moderate TBIs to be missed by the doctor or victim.

Moderate TBI

The effects of a moderate TBI are more serious than a mild TBI and include:

  • Loss of consciousness for 30 minutes or longer
  • Memory loss
  • Difficulty speaking
  • Sleeping more than normal
  • Loss of coordination
  • Nausea and repeated vomiting
  • Weakness or numbness in the hands and feet
  • Confusion, restlessness or agitation
  • Severe lingering headache

The symptoms of a moderate TBI are very serious and will require the help of a medical professional. A moderate TBI can severely affect a person’s life and may cause temporary or permanent impairment.

Severe TBI

A severe TBI can cause a brain injury patient to suffer symptoms such as:

  • Loss of consciousness or coma for over 24 hours
  • Memory loss
  • Extreme emotional and psychological changes
  • Irritability and confusion
  • Visual disturbances
  • Difficulty balancing
  • Difficulty judging distances
  • Nausea
  • Diminished taste and smell
  • Increased sensitivity to light and sound
  • Ringing in ears (tinnitus)

The severity of a TBI can be estimated by using the Glasgow Coma Scale, which is a popular method among the medical community.

What are My Legal Rights After a Brain Injury?

Although you may have suffered a brain injury, you are still considered competent and have your full legal rights, unless a court determines otherwise.

This means you are most likely able to file a brain injury claim if it was caused by another’s negligent or reckless actions.

Most brain injury lawsuits are based on the theory of negligence, which requires the person bringing the claim to prove the at-fault party is legally responsible for the injury.

You must prove the following to bring a valid brain injury claim:

  • The at-fault party was required to act within reasonable care to ensure the victim’s safety
  • The at-fault party failed to act within reasonable care toward the victim
  • The at-fault party’s actions or inactions caused the victim’s injury
  • The victim suffered injuries and losses that are measurable under the law

You must have evidence that proves these elements were present when you or your loved one acquired a brain injury.

Our experienced brain injury attorneys will know how to collect the evidence needed to prove the at-fault party’s negligence. We will construct a case based on these findings to help improve your chances of recovering the compensation you deserve.

What is a Brain Injury Claim Worth?

The value of a brain injury claim can be determined by estimating your financial losses and physical and emotional damage you have suffered.

If you file a brain injury lawsuit, you can list damages that will maximize your claim value, such as:

  • Lost wages
  • Medical expenses
  • Pain and suffering
  • Emotional distress
  • Loss of reputation
  • Loss of enjoyment in life
  • Shock and mental anguish
  • Funeral and burial expenses
  • Loss of ability to earn an income
  • Rehabilitation and caregiver expenses
  • Loss of personal and intimate relationships
  • Property damage

Our attorneys have appraised numerous personal injury claims and will be able to provide you with an accurate estimation during a free, no obligation consultation.

How Long Do I Have to File a Brain Injury Claim?

You only have three years to bring a brain injury claim according to Wisconsin’s statute of limitations for personal injury claims.

This three-year time limit also applies to wrongful death claims if your loved one has died because of his or her brain injury.

You will need to meet these deadlines if you intend to pursue legal action against the at-fault party and recover damages.

We will ensure that your claim is properly filed with both your insurance company and the court, and that it meets each statute limitation required by Wisconsin.

How Can PKSD’s Brain Injury Attorneys Help Me?

For more than 20 years, the personal injury attorneys Milwaukee WI at PKSD have helped many victims of negligence recover the compensation they deserved to help pay for their medical expenses and suffering.

If you or someone you love has suffered a brain injury at the fault of another person or company, do not hesitate to contact our Milwaukee brain injury attorneys for a free, no obligation consultation.

We will review your claim to determine if you are entitled to pursue damages against the at-fault party.

If your claim requires legal action, we will gather evidence to construct a case that proves the level of suffering you or your loved has endured because of the at-fault party’s negligence.

All of our services are provided on a contingency fee basis. We will not charge you upfront legal fees and will only require payment if we recover damages for your claim.

Do not hesitate to consult us for your brain injury claim. Call 877-877-2228 today.

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