Warshafsky Law's trusted Milwaukee brain injury lawyers fight for individuals who have wrongly suffered brain damage in Wisconsin. For a free case appraisal and consultation from an expert trial attorney, call (414) 276-4970 or contact us online.
A traumatic brain injury (TBI) is a type of damage to the brain caused by an external physical force. According to the Brain Injury Association of America, TBIs are often caused when something hits a person’s head with significant force.
For example, TBIs can be caused by:
Direct blows or bumps to the head from sports collisions, physical assaults or car accidents.
Sudden impact or violent contact with a hard surface such as the ground or a steering wheel.
Having an object pierce through the skull and enter brain tissue.
These external forces traumatically disrupt normal brain function. Parts of the brain can be bruised, torn or stunted from growing properly.
The Centers for Disease Control and Prevention (CDC) explains TBIs can negatively impact a wide range of brain functions, including how a person thinks, feels, moves, behaves and experiences senses.
Recovery from a TBI varies significantly. Mild cases may heal with few lasting effects. More severe TBIs can result in long-term complications, disability or death. Even years later, TBI survivors may struggle with cognition, emotional regulation and motor skills.
Who is liable for traumatic brain injuries?
When a traumatic brain injury occurs due to someone else’s negligence or wrongful actions, the injured person should file a personal injury lawsuit to pursue financial compensation. Liability often falls in the hands of:
Drivers If a motor vehicle collision results in a TBI, the at-fault driver can be held responsible. This includes drivers of cars, trucks, motorcycles, boats, ATVs and more. Reckless, distracted, drunk or otherwise dangerous driving often leads to TBIs.
Property Owners If hazardous conditions on someone’s property lead to a TBI, the property owner may be responsible. Slips and falls, uneven floors, poor lighting and other dangerous conditions can cause TBIs.
Medical Professionals Medical malpractice during surgery, treatment, childbirth and more can lead to oxygen deprivation or bleeding and cause brain damage.
Product Manufacturers Companies with defective products leaving consumers vulnerable to brain injuries may be liable. This can include flawed safety gear, children’s toys, consumer goods, industrial equipment and more.
Employers Workers’ compensation benefits should usually cover employees who suffer TBIs on the job. Additional damages should be pursued if gross negligence caused an accident leading to a TBI.
7 Common Penetrating and Non-penetrating TBI Injuries.
Concussion
Concussions are the most common type of TBI, occurring when a heavy impact on your head forces the brain to move and collide with your skull. Concussions can range from very mild symptoms to causing life-long issues.
Brain Hemorrhages
Brain hemorrhages are caused when uncontrolled bleeding occurs on the surface of the brain or inside the brain tissue. Hemorrhages are localized TBI, only affecting a particular part of the brain. They are generally one of the least severe TBIs.
Contusions
A contusion is a bruise on the brain causing mild bleeding. They often happen alongside concussions and can be very mild and heal on their own. If they don’t heal on their own, however, a contusion can develop into a hematoma and require surgical removal.
Intracranial Hematomas
Hematomas occur when blood collects outside of blood vessels within the skull. A large hematoma can lead to serious loss of brain function, and may not form until weeks after a head injury is sustained.
Second Impact Syndrome
Second impact syndrome occurs when you suffer a second brain injury before your brain has fully recovered from the first one, causing significantly more severe damage. A second impact syndrome brain injury nearly always leads to devastating effects on a person’s permanent brain function.
Coup-Controcoup Brain Injury
A coup-contrecoup injury refers to two separate injuries: a coup injury, damage to the brain suffered directly at the point of impact, and a contrecoup injury, damage to the brain suffered on the opposite side of where the impact was made. A majority of coup-contrecoup injuries occur when your head slams against a stationary object, not only forcing your brain to hit the skull in the direction of the initial impact but then causing the brain to rebound and cause a second impact on the other side of the skull.
Diffuse Axonal Injury (DAI)
Diffuse axonal injury occurs when an impact forces the brain to rotate and shift inside the skull, causing the long connecting nerve fibers to tear. DAI is one of the most serious and severe TBIs, often resulting in a coma and permanent loss of function. Most DAIs result in microscopic axonal tears and can be very difficult to see on a CT scan or MRI, but even microscopic tears often lead to loss of brain functions.
Compensatory Damages for Traumatic Brain Injuries
If you or a loved one suffered a traumatic brain injury due to another party’s negligence or wrongful actions, you may be entitled to significant compensation. Warshafsky Law’s dedicated brain injury attorneys fight to recover full and fair compensation for TBI victims in Milwaukee.
Common economic and non-economic damages we pursue include:
Lost WagesAt best, a traumatic brain injury will result in a significant period of time in which a victim will be unable to work. In severe cases, a victim may never be able to work again. You should be compensated for past and future lost wages as a result of a traumatic brain injury.
Medical ExpensesA moderate to severe brain injury is almost certain to come with significant medical bills and could potentially require lifelong care on a daily basis. You should be compensated for all medical expenses incurred because of the brain injury, including the cost of long-term care.
Pain and sufferingPain and suffering compensation covers the emotional and physical distress you have been subject to because of a traumatic brain injury. Both the victim themselves and their loved ones can be entitled to pain and suffering compensation.
Loss of Enjoyment of LifeA traumatic brain injury could potentially leave the victim permanently unable to live the same quality of life they had before. This damage to the quality of your life should be compensated accordingly.
Contact Warshafsky Law, Milwaukee's trusted traumatic brain injury law firm, for a free case consultation. You don't pay us until you receive full compensation.
Why You Need Warshafsky Law
If you or a loved one has suffered a traumatic brain injury in Milwaukee, you need a steadfast traumatic brain injury attorney to fight for the compensation you deserve. Warshafsky Law’s team of trial-proven lawyers includes a medical doctor to provide expertise on brain injury cases. Warshafsky’s extensive experience handling complex traumatic brain injury cases maximizes compensation from liable parties. Don’t trust your case to just any personal injury firm - for the settlement you deserve, put Warshafsky Law’s trusted Milwaukee traumatic brain injury attorneys on your side today.
Criminal vs. Civil Court Lawsuits
Suffering a traumatic brain injury is devastating enough without the stress of seeking compensation. If the liable party's actions result in criminal charges, Warshafsky Law’s dedicated brain injury attorneys will fight to get you the maximum compensation you deserve, regardless of the outcome in criminal court.
The criminal justice system operates separately from civil courts. Even if the responsible party avoids jail time or criminal charges are reduced or dropped, you still have the right to pursue financial damages through a civil lawsuit.
Don’t let a plea deal, dropped charges or light sentence prevent you from holding the negligent party accountable. The traumatic brain injury lawyers at Warshafsky Law will navigate the civil litigation process on your behalf to secure the compensation you need to cover medical bills, lost wages and other damages.
Trust our team of experienced Milwaukee brain injury attorneys to stand by you every step of the way in your pursuit of fair compensation. We don’t get paid until you do. Contact Warshafsky today for a free case consultation.
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