Brain Trauma: Can a Personal Injury Attorney Help?

What Is Traumatic Brain Injury? Can a Personal Injury Lawyer Help? - Penney  & Associates - Personal Injury Lawyers

Traumatic brain injury is a severe condition that requires medical care for many years to recover from. Unfortunately, insurance companies often fight claims for TBI, arguing that medical testing failed to establish the injury. An attorney quickly counters this fallacy, who will explain that diagnostic tests have come a long way in the last twenty years. MRIs are effective at detecting large lesions in the brain but can miss microscopic ones.

Statute of Limitations

The statute of limitations for a traumatic brain injury case varies from state to state. In general, a person with a TBI has two years from the date of the injury to file a lawsuit; however, if the injury resulted from medical malpractice, the time limit may be three years.

TBI is a devastating condition that can change a person’s life. If the injury is severe, it may even cause death. While some victims recover without much medical care, others may need high-level care for years. Even if TBI doesn’t result in death, it can change someone’s life and relationships.

If you or a loved one suffers a traumatic brain injury, you can file a lawsuit against the responsible party for your injuries. You have six months to file a lawsuit against a company or public institution that caused your injury. You also have six months to file a lawsuit against the city, county, college, or transportation system. However, speak with a lawyer who specializes in brain injuries, such as those at Breakstone, White & Gluck, before you file a claim.


A person injured in a traffic accident risks a traumatic brain injury. This is a devastating condition that can leave victims permanently disabled. Some people may even die from this condition. A personal injury attorney in Phoenix could help a person pursue a legal claim if the accident caused them to sustain a traumatic brain injury. The symptoms of a brain injury can last for months or even years. In severe cases, victims may also lose memory and job-related skills. In addition, their family may need to hire caregivers for their loved ones. They may also find it difficult to replace lost income.

Many accident victims don’t know they have a brain injury until the effects show. This can lead to them seeking damages without understanding the true extent of their injuries. They may also have a diagnosis of a TBI and only file a lawsuit based on their bodily injuries. Consequently, the accident victim may receive a lower settlement than they could have received if they only had sustained a mild concussion.


When an individual sustains a traumatic brain injury, the symptoms can range from mild to severe. Some people have memory problems, experience extreme agitation, or even fall into a coma. Other signs include a change in mood or behavior. In severe cases, the patient may require round-the-clock care.

Traumatic brain injury symptoms are typically triggered by a traumatic event such as a car crash, assault, or fall. The impact or blow causes the brain tissue to shred and tear, disrupting normal processes. The effects of this type of injury may last a lifetime and leave a person with memory, attention, and emotional problems. It can also result in seizures or muscle spasms.

Even mild traumatic brain injuries can cause symptoms of post-concussion syndrome. These symptoms often appear seven to ten days after the accident. They may include dizziness, headaches, fatigue, and anxiety. They can also cause a person to lose memory and may require a hospital stay.

Cost of Care

Traumatic brain injuries can have high costs for a patient, both direct and indirect. The initial hospital stay and follow-up medical visits are costly, as is the possibility of long-term disability. Even the most comprehensive insurance plans cannot cover all of these expenses. However, there are some strategies to minimize costs.

According to the U.S. National Library of Medicine, the cost of care for traumatic brain injuries varies by injury severity and location. For example, in the first three months after an injury, the average cost of health care for a moderate TBI is $595 million, compared to $175 million for a severe TBI. These differences continue over time.

Another study examined the cost of care for persons with traumatic brain injury. A population-based historical cohort study found that traumatic brain injury patients incur significantly higher costs than those without TBI. Their medical care costs were higher by $4906 per patient compared to patients without TBI. However, the study did not analyze the cost per person depending on the severity of the injury and the type of insurance coverage.


A person suffering from a traumatic brain injury may seek compensation for lost wages, pain, and suffering. Brain injuries may result in lifelong medical treatment and rehabilitation. In addition, a person may have to take part-time jobs or retrain for a different type of work. It may also affect a person’s hobbies or social life.

Traumatic brain injuries can result from various causes, including negligence or misconduct by another person or company. Generally, a successful lawsuit must show that a breach of duty caused the injury and that the victim suffered loss or damage. For example, a trucking company owes a duty of care to road users. In addition to adhering to federal regulations, trucks must be adequately maintained and driven safely.


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