Brain Injuries

Medical Care And Compensation For Traumatic Brain Injury Victims

According to a recent study* released by the Centers for Disease Control and Prevention, approximately 1.7 million Americans sustained traumatic brain injuries (TBI) from 2002 to 2006. Car accidents are responsible for the vast majority of traumatic brain injuries, but falls, on-the-job accidents, and medical malpractice are also major causes of traumatic brain injuries. While the symptoms of a brain injury vary drastically depending on the severity and nature of the trauma, common symptoms include:

  • Physical impairment (paralysis, loss of one or more senses)
  • Headaches (often persistent and severe)
  • Excessive fatigue/sleepiness
  • Difficulty concentrating
  • Reduced problem-solving abilities
  • Impaired memory (short term, long term, or both)
  • Personality changes (irritability, emotional outbursts)
  • Faulty judgment
  • Depression
  • Anxiety

Brain injuries present complex evidentiary hurdles. Long after physical wounds have healed, brain injuries persist. If trauma occurs deep within the recesses of the brain, diagnostic studies, including MRIs, EEG testing, CT scans, and X-rays often fail to detect objective evidence of brain trauma, although thorough neuropsychological testing can often measure cognitive neurological dysfunction caused by brain injury. Fortunately, traumatic brain injuries often heal, albeit very slowly, and symptoms often improve, although there is no guarantee that the victim will ever return to his or her pre-accident state.

Traumatic brain injuries greatly interfere with every aspect of life and often negatively impact the victim's career, familial and social relationships, and emotional well-being. If you or a loved one has suffered a traumatic brain injury, you will likely face many challenges in the upcoming weeks, months, and potentially, years. At Atwood, Holsten, Brown, Deaver & Spier, P.C., L.L.O., we are strong advocates for brain injury victims and their families. We work diligently to help our clients get the medical care and rehabilitation services necessary to their recovery and seek compensation for financial losses and emotional suffering.

Lincoln Brain Injury Attorneys Serving Greater Nebraska

We work closely with our clients' treating physicians and other medical specialists to understand the scope of the brain injury and its long-term effects on cognitive, physical, and emotional functions. We frequently seek medical evidence from life-care planners, neuropsychologists, and other experts to identify medical care, rehabilitation services, and everyday practical assistance that the victim and family may require.

If you have been seriously injured due to a traumatic brain injury, you may be entitled to compensation for your damages. Be aware, however, that in Nebraska, as in all other states, there are very strict time limits within which you must properly pursue a traumatic brain injury claim. Your failure to do so within these strict time limits will time bar your claim from any recovery. Second, traumatic brain injury cases are generally extremely complicated and expensive. Therefore, only serious, and usually permanent, traumatic brain injuries clearly resulting from the negligent acts of another or from a no-fault workers' compensation accident are economically worthy of pursuit.

Because of the two factors noted above, if you or a loved one has sustained a traumatic brain injury as a result of a car accident, truck accident, workers' compensation accident, or another cause for which you believe someone else is legally responsible, it is imperative that you have an experienced traumatic brain injury attorney thoroughly evaluate your potential claim as soon as possible after its occurrence, or you have become aware of its occurrence.

Free Consultation With A Lawyer

Contact us at 402-817-2717 or toll free at 800-655-9606. The consultation is free and without obligation.

* Reference: Faul M, Xu L, Wald MM, Coronado VG. Traumatic brain injury in the United States: emergency department visits, hospitalizations, and deaths. Atlanta (GA): Centers for Disease Control and Prevention, National Center for Injury Prevention and Control; 2010.