Brain Injuries

According to the CDC, over 190 Americans died as a result of a brain injury in 2021 alone. A traumatic brain injury (TBI) can turn your life upside down in a matter of seconds. They can be devastating.  Activities you once performed easily and took for granted could be off-limits after a TBI. You might even have a hard time doing seemingly minor tasks. During this stressful time, you have options. You can partner with a Toledo-area traumatic brain injury lawyer from The Boerst Law Office, Inc..

We have a full understanding of traumatic brain injury (TBI) cases and how to succeed with this kind of lawsuit. In addition, you will receive compassionate personal attention. When you or a loved one has suffered brain trauma due to carelessness and negligence, we can help. Victims and their families have a right to compensation after suffering TBIs.

We Offer Help on a Contingency-Fee Basis to TBI Claimants.

We believe our clients deserve substantial compensation for serious traumatic brain injury cases, because no amount can ever repay the suffering and lasting impact. The insurance company will bring a parade of its own doctors to contest your case.

To help TBI injury claimants, our law firm does not charge a cent until our clients recover compensation. If we don’t succeed, you don’t pay anything. You can learn more about this flexible payment plan during your free case review.

Ohio Revised Code Section 2305.10 notes that you generally have two years to file your injury lawsuit in civil court. This deadline usually begins either from the date of your accident or the date you discovered your impairment.

Matters change if you’re filing a wrongful death lawsuit. While you still have two years to file your lawsuit (per Ohio Revised Code Section 2125.02), your filing deadline begins from the date of your loved one’s passing.

Why Are These Deadlines So Important?

Every civil case must abide by the state’s statute of limitations. This deadline ensures that cases progress through the court system in a timely manner. It also prevents the system from getting “backed up” with outdated cases.

If the statute of limitations expires:

  • You’ll be unable to hold the other party financially accountable for your losses.
  • The court will dismiss your case and prevent you from filing it again.
  • The insurance company will contest or deny your claim.
  • You’ll have few financial recovery options.

When you connect with our traumatic brain injury Attorneys, we will manage each of your case’s deadlines.

What is a Traumatic Brain Injury?

Traumatic brain injuries result when a victim sustains a hit to the head (or his or her head is slammed by force into an object). The impact, such as when a head hits a dashboard or a motorcycle rider is thrown off of the bike, causes the brain to slam against the inside of the skull. The damage can be mild or severe.

Ask any traumatic brain injury lawyer, and they are likely to agree that many brain traumas are the result of serious motor vehicle crashes. Traumatic brain injuries may result from multi-car crashes, bicycle accidents with cars, pedestrian hit-and-runs, and commercial truck accidents.

But TBIs can occur from other actions such as sporting events or when someone is a victim of a violent crime. TBIs often present these symptoms:

  • Coma
  • Changes in speech
  • Loss of memory, judgment, and reasoning
  • Changes in conduct, such as rage or emotions
  • Inability to concentrate
  • Loss of logical or problem-solving functions
  • Permanent personality dysfunction
  • Disturbed sleep
  • Headaches
  • Blurry sight
  • Convulsions and seizures

What to Expect After a TBI Diagnosis

These are not the only symptoms, so it is important to seek medical attention immediately after any head trauma from an accident. A TBI requires medical treatment, hospitalization, and, at times, surgery to remove pressure on the brain.

All of this may be followed by physical therapy. You have a right to be compensated for the financial burden caused by mounting bills and loss of work during recovery–or permanently when the injury is severe.

Compensation for Traumatic Brain Injury Cases

While not always the case, damage from this serious injury can be long-term, permanent, or fatal. This can mean large expenses for medical treatment or funeral expenses and a higher chance of lost income. You or your loved one did not deserve to be injured due to the negligence of another, and you have a right to compensation for this injustice. Compensation for your injury may cover:

  • Lost wages or earning potential
  • Current medical expenses
  • Long-term treatment or rehabilitation
  • Pain and suffering
  • Future medical expenses or equipment

In cases in which a victim passes away, the surviving spouse or dependents have a right to file a wrongful death lawsuit to recover compensation for loss of companionship and support, as well as funeral expenses.

Even if the damage is not yet certain, consult your traumatic brain injury lawyer, who can go to work immediately by taking legal action. If the victim is not yet physically able to contact us, select a representative of the traumatic brain injury victim to call our law firm.

We Will Fight for What You Are Owed

The insurance company may try to offer a lowball settlement – if it offers a settlement at all. A common argument we see is that the insurance company believes the damage will not be permanent or severely disabling. This is where substantial medical evidence is necessary.

Your traumatic brain injury lawyer can seek experts in the medical field who know just how serious a TBI can be for a victim. The symptoms experienced after the injury, such as headaches, cognitive impairment, and vision loss, may be temporary or permanent.

In cases of permanent disability, this is a life-altering situation that deserves full compensation for your suffering. A medical expert can attest to the extent of the injury and its prognosis. TBI cases are handled so that victims are financially able to handle whatever necessary life changes and future care they may need.

The sooner you contact a traumatic brain injury attorney from our legal team, the sooner we can help you pursue the compensation you deserve.

What Should You do After Suffering a Traumatic Brain Injury?

We urge you to seek medical attention. By visiting a doctor, you can better your condition and your case. Other recommendations that could bolster your claim include:

Attending Physical Therapy

You might have to “re-learn” some things after suffering a TBI, such as walking or completing other tasks. By attending physical therapy, you show the insurance company that you did everything possible to recover from your condition.

If you’re concerned about paying for physical therapy, don’t be; you can recover those costs through a claim or lawsuit.

Limiting What You Share Online

You might be tempted to share details about your condition online. However, we recommend otherwise. Uploading photos or videos could give the insurance company reason to contest your case.

Even an old photo could imply:

  • You’re not as injured as you claim.
  • You were known to engage in negligent behavior related to your accident.
  • Your injuries came from something else and not what you allege.

You also shouldn’t accept friend requests from strangers. A seemingly harmless profile could actually be the claims adjuster in disguise, hoping to access your posts.

We want to assign an accurate value to your case. As such, you should keep everything related to your medical care. This will help us determine the cost of your healthcare expenses. Examples of items to keep include:

  • The dates of any follow-up appointments
  • The cost of any assistive devices, such as wheelchairs
  • Any necessary medications
  • The names of your healthcare providers and where you sought treatment
  • Your co-pay records
  • Communications between yourself and the insurance company

After a Traumatic Brain Injury, Contact The Boerst Law Office, Inc..


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