Traumatic Brain Injury: Lawsuit for Permanent Damage

What is Traumatic Brain Injury?

Traumatic brain injury (TBI) is sudden physical damage to the brain that can be classified as penetrating or closed.

The most common type of TBI is a closed head injury (CHI), which happens when the head forcefully hits an object, such as the dashboard of a car. A penetrating head injury happens when something passes through the skull and pierces the brain, such as a gunshot wound.

Shaking or a sudden impact that jars the head, such as a car accident, can also cause traumatic brain injuries. The major causes of head trauma are motor vehicle accidents, falls, sports injuries, violent crimes, and child abuse.

How Much is a Brain Damage Lawsuit Worth?

Compensation obtained in a brain damage lawsuit can include amounts for the following injuries:

• Physical pain
• Emotional suffering
• Disability
• Disfigurement
• Medical expenses
• Rehabilitation
• Occupational therapy
• Loss of quality of life
• Lost income
• Other damages

Can I Get Compensation Without Filing a Lawsuit?

You may be able to get money from a head injury settlement without filing a lawsuit. When you hire a lawyer at our law firm, we immediately begin an independent investigation to gather enough information to begin negotiations, which generally start with a “demand letter.” This letter outlines your case and asks for a specific amount of money to compensate you and your family. If this demand is not met, the case continues, and our lawyers work hard to build a case they can win at trial. Most cases are settled before trial, sometimes not until the date the trial is set to begin.

Our lawyers do not settle cases without consulting their clients.  At every step, our clients are consulted. For example, the demand letter is not sent without the client reading and approving it first. This is the best and only way to practice personal injury law, and one of the reasons our law firm is successful. We have great clients.

How Do I Pay for a Lawsuit?

Our law firm is paid on a contingency basis, meaning we are only paid if you win. You will not have to pay any money up-front.

Because of past successes, we have the resources to win cases against large companies that try to avoid paying you the compensation you deserve. Our law firm has taken on teams of corporate lawyers and won millions for our clients.

Can I File a Lawsuit for My Family Member Who is Severely Injured?

Yes, you can file a lawsuit on behalf of a family member who is unable to do so because of severe, permanent brain damage.

For example, if your spouse is rear-ended by a semi-truck and that driver is at fault, our lawyers can help you sue the semi-trailer driver, trucking company, and possibly others on behalf of your spouse. 

If your loved one contracted Listeria meningitis or another deadly food infection, we can help you sue a food manufacturer, retailer (e.g., Costco or Walmart), or restaurant.

There are many situations where the brain damage was caused by the negligence of a business that, in many cases, could have prevented the harm.

The TBI lawsuit would seek compensation for medical expenses, cost of care, lost income, and pain and suffering, which often includes amounts for disability and loss of quality of life.

You may also have a claim for compensation. For example, if you are the spouse, you may be able to sue for loss of consortium, meaning you can no longer have a normal relationship with your spouse. If you have a claim, the lawsuit would be filed with you named as the person filing on behalf of your loved one and on your own behalf.

What if My Child is Injured?

You have the right to sue on behalf of your child if there is evidence to support the claim. We recently obtained a $7.5 million verdict for a 10-year-old in this way. The money goes into a trust for the benefit of the child.

Our lawyers have handled many cases like this and will help your child get compensation.

Can I Sue a Bus or Trucking Company in Addition to the At-Fault Driver?

Yes, you can sue a bus or trucking company if there is evidence that a driver in the company’s employment or otherwise driving for the company was at fault for the crash.

Our law firm has handled many cases like this, where a crash caused traumatic brain injury (TBI).

One of our clients had part of his skull crushed. He suffered permanent, severe brain damage and lost an eye. He and his wife are such lovely people, and it is tragic that the negligence of a commercial driver changed their lives. The millions of dollars our lawyers won for them in a settlement could not bring back what was lost, but it has helped them handle the reality of their lives with dignity.

What about a Company Whose Product Causes Brain Damage?

When a product causes brain damage, the companies that made, distributed, and sold that product may be legally responsible for the harm.

Our law firm is one of the few in the United States that helps people sickened by food poisoning. Some of our clients have suffered severe brain damage. For example, E. coli, Listeria, and Salmonella can cause meningitis, which is an infection of the meninges (lining) of the brain. We have handled a number of these cases. Our Salmonella lawyers recently won a multi-million dollar verdict on behalf of a family whose 5-year-old son suffered from a massive brain abscess caused by a Salmonella Heidelberg bacterial meningitis infection after eating Foster Farms chicken.

Many of our clients are children. We have handled cases where a product marketed to children and their parents caused brain damage. Parents purchase these products trusting that they have been adequately tested and are safe, and then the unimaginable happens. We believe companies should be held accountable for selling dangerous products.

Can an Explosion and/or Fire Cause Permanent Brain Damage?

An explosion, fire, and smoke inhalation can cause oxygen deprivation. When the brain does not get enough oxygen, there can be permanent damage, and in some cases, death.

What if a Bicycle or Motorcycle Helmet Did Not Provide the Expected Protection?

Bicycle and motorcycle helmets are supposed to help prevent brain injuries. If your loved one suffered a TBI and you think the helmet was defective, contact us and talk with one of our lawyers. You may have a product liability claim against the maker of the helmet, in addition to a claim against the at-fault driver.

TBI Symptoms

Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain.

Some symptoms are evident immediately, while others do not surface until several days or weeks after the injury. Children may show unique symptoms including persistent crying, inability to be consoled, and refusal to nurse or eat.

Physical, behavioral, or mental changes that may result from head trauma depend on the areas of the brain that are injured. The types of brain damage caused by a traumatic brain injury include the following:

1. Focal brain damage. Most TBIs cause focal brain damage, which is damage confined to a small area of the brain. Focal damage most often occurs at the point where the head hits an object or where an object, such as a bullet, enters the brain.
2. Diffuse damage. Diffuse damage happens in more than one area of the brain. Closed head injuries (CHI) frequently cause diffuse damage, which occurs when the impact of the injury causes the brain to move back and forth inside the skull. The frontal and temporal lobes of the brain, which are responsible for speech formation and understanding, are often the most affected because they sit in pockets of the skull that allow more room for the brain to shift and sustain injury. Diffuse damage can lead to difficulties with speech, swallowing, walking, balancing, coordination, sense of smell, memory, and cognitive skills.

Mild TBI Symptoms

Clients have come to our lawyers for help after accidents not realizing how serious their injuries are. Our lawyers know what medical specialists should be consulted and will guide you through the process. Even mild brain injuries can cause significant harm. Below are the symptoms of mild TBI. A person may have some or all of the following symptoms:

• A loss of consciousness for a few seconds or minutes
• A dazed feeling
• A general sense of not feeling like oneself for several days or weeks after the initial injury
• Headache
• Confusion
• Lightheadedness
• Dizziness
• Blurred vision or tired eyes
• Ringing in the ears
• Bad taste in the mouth
• Fatigue or lethargy
• A change in sleep patterns
• Behavioral or mood changes
• Trouble with memory, concentration, attention, or thinking

Medium to Severe TBI Symptoms

People who experience moderate to severe TBI can have any or all of the symptoms above and any of the following:

• A headache that gets worse or does not go away
• Repeated vomiting or nausea
• Convulsions or seizures
• Inability to awaken from sleep
• Dilation of one or both pupils of the eyes
• Slurred speech
• Weakness or numbness in the extremities
• Loss of coordination
• Increased confusion, restlessness, or agitation

Lawyers Win Multiple Multi-Million-Dollar Settlements

The Pritzker Hageman lawyers have gone up against Fortune 500 companies and won millions for our clients, including over 60 multi-million-dollar recoveries.

Read more about “4 TBI Head Injury Lawsuit Settlements“