Traumatic Brain Injuries

Every day, there are more than 586 traumatic brain injury-related hospitalizations and 190 traumatic brain injury-related deaths on average in the U.S. The causes of these injuries are typically preventable, which means human error or negligence is often to blame for these catastrophic injuries.

If you’ve suffered a traumatic brain injury (TBI) because of another person’s negligence, you have the right to pursue compensation for the injury-related costs you’re facing. Our Des Moines traumatic brain injury lawyers are here to help you get the compensation you’re entitled to.

Contact Iowa Lawyers today for a free consultation.

Why Do You Need a Brain Injury Attorney?

A personal injury lawyer can assist someone who has suffered a traumatic brain injury in obtaining financial compensation for their losses. The legal issues that arise as a result of a brain injury can be rather complex. Your brain injury lawyer will need to calculate how much money you have lost as a result of the accident. Each situation is different since brain injuries can disrupt a person’s life in so many ways.

An experienced personal injury attorney can help you sort through the multitude of issues in your case to obtain fair compensation and the justice you deserve. The following is a list of what a personal injury lawyer might do for you in the event of a personal injury or wrongful death claim:

• Conduct due diligence to find all responsible parties
• Collect any evidence and documentation to seek proper compensation
• Establish negligence
• File a lawsuit against all liable parties
• Talk to insurance companies and adjusters
• Conduct settlement negotiations
• Prepare your case for trial (if necessary)
• Obtain an advantageous result

Depending on the facts of the case, an attorney may be entitled to file a claim for punitive damages. If the party who caused your traumatic brain injury was grossly negligent or behaved maliciously, punitive damages may be granted.

What Is a Brain Injury?

A traumatic brain injury (TBI) is an injury to the brain caused by an external force, such as a sudden jolt, a blow to the head, or penetration through the skull. Often, TBIs happen because of a car accident, fall, or other traumatic event.

Symptoms and Diagnosis

Symptoms of a TBI can vary widely depending on the severity. Common symptoms include headaches, dizziness, confusion, fatigue, memory loss, difficulty concentrating, mood swings, and changes in sleep patterns. Diagnosing a TBI typically involves a thorough physical examination, neurological testing, and imaging scans such as CT or MRI.

Long-Term Effects

Unfortunately, TBIs often come with long-term consequences that include:

• Memory loss and cognitive impairments
• Speech, language, and communication issues
• Altered motor function and coordination
• Chronic pain and seizures
• Behavioral and personality changes
• Emotional challenges such as depression and anxiety

Common Causes of Traumatic Brain Injuries

There are many ways to sustain a TBI, but our team here at Iowa Lawyers see the following causes almost every day:

Motor Vehicle Accidents: Motor vehicle accidents, including car, truck, and motorcycle crashes, are a leading cause of TBIs. The sudden impact and rapid deceleration during a collision can result in serious brain injuries.

Slip-and-Fall Accidents: Falls, especially from heights or on uneven or slick surfaces, can also lead to traumatic brain injuries. The impact of the head hitting the ground or another hard object can cause significant damage to the brain.

Workplace Accidents: Workplace accidents, such as falls from ladders or scaffolding, being struck by falling objects, or explosions, are another common cause of TBIs.

Assaults and Violent Incidents: Physical assaults, such as a blow to the head or a gunshot wound, can cause severe traumatic brain injuries.

The Consequences of a Traumatic Brain Injury

• Physical Impact: Traumatic brain injuries can result in a range of physical impairments, including neurological problems of all kinds, mobility issues, chronic pain, and seizures — to name a few. These physical effects can significantly diminish a person’s quality of life and ability to perform everyday tasks.

• Cognitive and Emotional Impact: TBIs can also lead to cognitive deficits, such as memory loss, difficulty concentrating, and other processing issues. Emotional challenges, including depression, anxiety, and personality changes, are also common among TBI injury victims.

• Financial and Social Impact: The costs associated with treating and managing a TBI can be overwhelming, including medical expenses, rehabilitation, and potential loss of income. Also, the strain on personal relationships and social interactions can be significant.

Legal Rights and Options for TBI Victims

Individuals who have sustained a traumatic brain injury because another party was negligent or reckless, may be entitled to compensation through a personal injury claim. In Iowa, TBI victims have legal rights, including the ability to seek damages for medical expenses, lost wages, pain and suffering, and more.

Proving liability in a TBI case is critical to a case, as it demonstrates that someone’s actions (or inaction) directly caused the injury. The personal injury claim process involves gathering evidence, working with medical experts, and negotiating with insurance companies to secure the maximum possible compensation for the victim.

How a Des Moines Traumatic Brain Injury Lawyer Can Help

Dealing with the aftermath of a traumatic brain injury can be an overwhelmingly stressful experience. However, having a skilled Des Moines TBI lawyer on your side can make all the difference. With our in-depth knowledge of TBI cases and commitment to protecting our clients’ best interests, here’s what you can expect from our TBI team:

Case Evaluation: We’ll thoroughly evaluate the details of your case, assess the extent of your injuries, and determine the appropriate compensation and legal strategy to pursue.

Gathering Evidence: Your attorney will work diligently to gather all relevant evidence, including medical records, witness statements, and accident reports, to build a strong case on your behalf.

Working With Medical Experts: Collaborating with medical professionals, such as neurologists and rehabilitation specialists, is crucial in TBI cases to accurately document the extent of your injuries and the long-term prognosis. Their opinions help greatly while determining a fair amount of compensation.

Negotiating With Insurance Companies: Insurance companies may attempt to minimize the value of your claim. Your lawyer will handle all communications and negotiations to ensure you receive the full compensation for your suffering.

Litigation: If a fair settlement cannot be reached, your attorney will be prepared to take your case to court and fight for what you deserve.

Comprehensive Legal Support: Throughout the entire process, your Des Moines TBI lawyer will provide comprehensive legal support, guiding you through the complexities of the personal injury claim and making sure your best interests are protected.

Compensation for Traumatic Brain Injury Victims

Individuals who have sustained a traumatic brain injury may be entitled to compensation for damages, including:

Medical Expenses: This can include the cost of emergency treatment, hospitalization, rehabilitation, and ongoing medical care related to the TBI.

Lost Wages and Loss of Earning Capacity: If the TBI prevents you from working, you may be able to recover lost wages and compensation for the loss of future earnings.

Pain and Suffering: This includes compensation for the physical pain, emotional distress, and reduced quality of life resulting from the TBI.

Long-Term Care Costs: If the TBI requires ongoing long-term care or assistance, these expenses may be recoverable.

Loss of Consortium: This seeks to recover damages for the impact a TBI can have on personal relationships and the ability to enjoy life with family members.

Proving Negligence in a Brain Injury Case

A duty of care, a breach of that duty, causation, and damages are the four components required to show negligence in a brain injury lawsuit. You must establish each of these four elements in your case in order to receive monetary compensation for your injuries. If you cannot prove even one of these elements, you might not be able to get the fair compensation you need to cover your medical bills and related medical expenses.

Duty of Care: Establishing a duty of care is the first step in any traumatic brain injury lawsuit. In the end, the defendant will only be held liable for a brain injury claim if they breached their duty of care to the affected victim. In certain circumstances, the existence of these responsibilities is strongly debated, while in others, it is barely debated

In some cases, such as car accidents, proving the duty of care in a brain injury case is quite simple. In other instances, the existence of a duty of care is heavily debated. This is frequently the case when injuries occur on someone else’s property.

Breach: After showing that a duty of care was owed, the plaintiff must additionally establish that this obligation was breached. In most traumatic brain injury cases, the question of whether or not the duty of care was breached remains at the heart of the case.

The facts surrounding an injury will determine whether or not a breach occurred. Any behavior that is thoughtless, reckless, or malicious might be considered a breach. If this act resulted in the injury of another person, it might be considered a breach of duty of care.

Causation: Your traumatic brain injury may result in monetary compensation from the entity that caused it. However, you will only be entitled to seek compensation for injuries that are directly related to the breached duty of care. Causation is the term used to describe this aspect of negligence.

There will be no monetary compensation available unless there is a causal relationship between the defendant’s actions and a brain injury.

Damages: Showing damages in a traumatic brain injury case is the final step in proving negligence. Because these losses are proportional to the degree of the impairment, determining damages for a brain injury may not be difficult. A successful suit will require the plaintiff to prove the amount of damages they are awarded.

Defendants in these situations frequently concede culpability while arguing that the damages were minor. A plaintiff who sustained a brain injury can file a claim for lost wages, pain and suffering, medical bills, related medical expenses, therapy, ability to earn future income, and disability expenses, among other things.

Why Choose Our Des Moines Traumatic Brain Injury Lawyers?

Experience and Expertise

Our team of Des Moines TBI lawyers has extensive experience handling complex personal injury cases, with a deep understanding of the legal and medical complexities involved in TBI claims.

Client-Centered Approach

We are committed to providing personalized attention and support to each of our clients to see that their needs are met throughout the entire legal process.

Proven Results

Our firm has a track record of securing substantial settlements and verdicts for our clients and will fight for every client to receive the same.

No Upfront Fees

We work on a contingency fee basis, which means you won’t owe us any legal fees unless we win your case.

Contact Our Des Moines Traumatic Brain Injury Lawyers

If you or a loved one has sustained a traumatic brain injury caused by someone else’s negligence, contact our Des Moines TBI lawyers today for a free consultation to discuss your legal options and get the support you need.