Brain Injury

Not only can brain injuries have a huge impact on a person’s life, but they also have a significant impact on family members and caregivers of the injured person. A brain or head injury caused by a blow to the head or major whiplash can range in severity from a mild to severe traumatic brain injury. Headaches and agitation are common symptoms of mild brain injuries.

Reduced cognitive performance, heightened emotionality, and impaired impulse control can all be symptoms of a moderate brain injury. A severe brain injury can put a patient in a coma or on a ventilator, leaving them oblivious to most stimuli and unable to operate independently.

If you or a loved one have suffered a serious brain injury or head injury you may be eligible to file a personal injury suit or wrongful death claim. Contact the Iowa brain injury attorneys at Mueller, Schmidt, Mulholland & Cooling after you have suffered a brain injury. Our personal injury attorneys are here for you and offer a free initial 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 brain injury is a sudden trauma to the brain that causes injury. When the head is hit, bumped, or jolted, a serious brain injury can occur. This is known as a closed head injury. When an object penetrates the skull, it can cause a different type of brain injury, called a piercing wound.

A brain or head injury can cause mild, moderate, or severe symptoms. Mild brain injuries are known as concussions. Concussions can have major consequences, although most people fully recover over time. However, severe brain injuries can result in catastrophic physical and psychological problems, as well as coma and death.

The most important treatment for mild brain damage is rest. You can also take over-the-counter pain medicines if you have a headache. It’s critical to adhere to your doctor’s directions for total rest and a gradual return to normal activities. It may take longer to recuperate if you start doing too much too soon. If your symptoms aren’t improving or if you’re experiencing new issues, talk to your doctor.

The initial step in treating a moderate to severe brain injury is to stabilize your head and neck in order to prevent further injury. Medical providers will monitor your blood pressure, check the pressure inside your skull, and make sure your brain is getting enough blood and oxygen.

Common Causes of Brain Injuries

According to the CDC, there were over 61,000 brain injury-related deaths in the United States in the most recently reported year, which is about 166 people every day. A fall, a firearm-related injury, vehicle, truck, and motorbike accidents, or an assault are the most common causes of brain injuries. Further analysis finds that falls account for roughly half of all brain injury-related hospitalizations.

Traumatic brain injuries have a variety of causes, depending on the type of head damage. The following are some of the most common causes of closed head injuries:

  • Falls, which are the leading cause of death in people aged 65 and up
  • Motor vehicle accidents, which are the most common cause of death among young adults
  • Sports-related injuries
  • Being struck or hit with an object
  • Child abuse, which is the leading cause of death in children under the age of four.
  • Explosion-related blast injuries

The following are some of the most common causes of a penetrating injury:

  • Being struck by shrapnel or a bullet
  • Being struck with a weapon, such as a hammer, dagger, or baseball bat
  • A bone fragment that penetrates the skull

There are some types of accidents that can cause both closed and penetrating injuries. Regardless of the type of head injury and how it occurred, you should always stabilize the neck and head and seek medical attention immediately.

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.

Brain Injury Statistics

In the most recent year, there were roughly 223,050 brain injury-related hospitalizations and 60,611 brain injury-related fatalities. The frequency of brain injury-related hospitalizations and mortality was higher among people aged 75 and over. TBI-related hospitalizations and brain injury-related fatalities are more common in this age range, accounting for roughly 32% of TBI-related hospitalizations and 28% of brain injury-related deaths.

When compared to all other age groups, older persons are more likely to be hospitalized and die as a result of a traumatic brain injury. TBIs may still be ignored or misdiagnosed in older persons because their symptoms coincide with those of other medical illnesses that are frequent in this age group, such as dementia.

Des Moines Brain Injury Attorneys at Mueller, Schmidt, Mulholland & Cooling

If you or a loved one has experienced a serious brain injury or head injury, allow us to handle your case while you focus on healing and rehabilitation. One of our experienced Des Moines brain injury lawyers can help you through the legal system, provide legal advice, examine the events that led to your injury, gather evidence to support your case, and actively pursue the best possible resolution for your case.

The Des Moines personal injury lawyers at Mueller, Schmidt, Mulholland & Cooling can go over your legal options during a free initial case evaluation and help file a personal injury lawsuit or wrongful death claim on behalf of a loved one’s estate. You can reach us online or by phone at (515) 444-4000. Our law firm is located in Des Moines, IA.


We Help You Navigate What’s Next.

Call Us Today! (515) 444-4000

Case Results

Our Attorney

Dustin Mueller - MSM&C

Dustin Mueller

Richard-Schmidt - MSM&C

Richard Schmidt

Connor-Mulholland - MSM&C

Connor Mulholland

nick colling - MSM&C

Nick Cooling

Nicholas-Adkins - MSM&C

Nicholas Adkins

Schedule Free Consultation