Brain Injuries

There are few injuries that are more difficult to handle than those to the brain. Sometimes the symptoms are so subtle the victim is not aware of them until a more obvious problem arises. Other times, victims quickly experience severe, debilitating symptoms and have significant physical and/or cognitive problems.

If you or a loved one has suffered a traumatic brain injury (TBI), our experienced attorneys are ready to assist you. We have more than 40 years of experience helping victims of brain injuries recover settlements for their injuries.  

Our Cleveland traumatic brain injury attorneys do not charge upfront fees or any fees while working on your claim. There is also no obligation to hire our firm after your initial consultation. We are prepared to manage the legal process on your behalf while your focus remains where it should be, on your health and medical treatment.

Do I Have a Valid Brain Injury Case?

Trauma to the head or brain can result from:

• Motor vehicle accidents
• Sports injuries
• Falls from heights
• Construction accidents
• Slip and fall accidents

No matter the cause of your or your loved one’s injury, the question is whether the injury was caused by another’s negligence. If negligence was involved, you may have a case against the other party. 

Negligence is a legal theory that has four parts: duty of care, breach of duty of care, causation and actual damages. While this is a complex theory, two of the most important parts are the duty of care and the link to the injury.

A duty of care is a legal requirement to act reasonably to try to prevent an injury to someone else. For example, it is reasonable to expect drivers to obey traffic laws and not operate their vehicles in a reckless manner. Property owners need to take reasonable steps to protect visitors from dangers that could cause injuries.

If a duty of care is breached, and this can be directly linked to an accident that caused your injury, there may be a case for compensation. Another way of saying this is that you would not have suffered a traumatic brain injury without a breach of a duty of care owed to you.

It can be challenging to connect an accident to an injury, particularly because insurance companies often challenge this assertion. They may point to a preexisting condition or say you were injured by your own fault or the fault of some other party.

That is why it is vital to discuss your situation with an experienced attorney. At Friedman, Domiano and Smith we have been helping injured victims for decades and have a proven track record. We are ready to assess your claim at no upfront cost.

Compensation for Brain Injury Victims

Brain injuries often have devastating consequences for victims. Sometimes victims need assistance with everyday tasks because of physical or cognitive limitations. They may need to completely reorganize their lives because they can no longer or can only work in a limited capacity. They may need to renovate their homes or vehicles or hire a caregiver.

Even a mild traumatic brain injury could affect victims for months or longer. They may suffer ongoing symptoms, like headaches, memory loss and trouble with balance and coordination.

Our experienced attorneys know how devastating these injuries can be. We are committed to aggressively pursuing maximum compensation to help secure your future. You should not be left footing the bill for damages from an injury caused by someone else.

Some of the damages we may be able to claim on your behalf include:

• Cost of surgical procedures
• Cost of assistive devices like a wheelchair or crutches
• Renovation of your home
• Modification of your vehicle
• Physical therapy
• Rehabilitation
• Lost wages if you missed work while recovering from your injury
• Lost earning capacity if you cannot work or must work in a lower capacity
• Ongoing medical costs
• Appointments with doctors
• Lost companionship if your relationship with your spouse is affected
• Lost enjoyment of life if you cannot participate in activities that you once enjoyed
• Occupational therapy
• Pain and suffering
• Mental anguish

If you suffered a traumatic brain injury, we are here to help. Give us a call today to discuss your potential options for securing compensation.

Why You Should Consider Legal Help From a Cleveland Brain Injury Lawyer

An experienced attorney can handle all the details of your claim and consider things that may be overlooked by less experienced attorneys.

For example, a traumatic brain injury could be accompanied by post-traumatic stress disorder (PTSD). If six months after a motorcycle accident a recovering patient shows not only an understandable reluctance to ride again, but also an increased anxiety at the very notion, this together with other symptoms can indicate PTSD. Other symptoms include changes in sleep patterns, social withdrawal and signs of depression.

Our attorneys are prepared to deal with the insurance company on your behalf. We can negotiate for compensation, navigate complex legal issues, and keep you informed as you are getting treatment and attempting to recover. We will also conduct a thorough investigation to gather evidence and build a robust case.

While each case is unique, research has shown injury victims who hire attorneys often recover more than those who do not. Recovering as much compensation as possible is vital with a catastrophic injury like a traumatic brain injury.

Insurance companies are working against your interests. If you deal with them on your own, you could unknowingly hurt your case. You could say something that could be construed as an admission of fault or a statement that downplays the seriousness of your injury.

Schedule a free consultation today to learn more about how our lawyers may be able to assist you.

What is the Deadline for Seeking Compensation?

If someone’s negligence caused you or a loved one to suffer a brain injury, you may be eligible to seek compensation. However, you have limited time to do so because of Ohio’s two-year statute of limitations.

Basically, you may have just one year the date of the injury to seek compensation. In some situations, if you file a claim after one years, the at-fault party can file a motion to dismiss your case and the court is going to grant it. While there are exceptions to this one-year deadline, and even different statutes of limitations for different types of cases. These exceptions and different statutes of limitation should be discussed with a licensed attorney.

The sooner you call a lawyer, the better. Your lawyer needs time to build a case. Even though you may be unsure if you have a case, there is nothing wrong with calling a lawyer. The initial meeting with a lawyer from our firm is free and comes with no obligation to hire our firm. If you do hire our firm, there are no upfront fees.

Frequently Asked Questions About Brain Injuries

These are some of the commonly asked questions about traumatic brain injuries:

What is a Brain Injury?

A traumatic brain injury occurs when an external force alters brain function. These are a type of acquired brain injury, which means they are not a result of birth injuries or a genetic or congenital disorder. TBIs account for 30 percent of all injury deaths in America.

What are the Different Types of Traumatic Brain Injuries?

Examples of traumatic brain injuries include:

• Concussions
• Brain hemorrhages
• Diffuse axonal injury
• Intracranial hematomas
• Contusions
• Penetrating brain injuries
• Coup-contrecoup injuries

TBIs can also be divided into two categories:

Closed Head Injuries

These occur when you get hit in the head, but your skull remains intact and is not penetrated. The force of impact causes the brain to hit the inside of the skull, which can cause brain damage. 

Open Head Injuries

These occur when the skull gets pierced by something, like a bullet or sharp object. This can lead to extensive bleeding and could be life-threatening. Depending on the site of the impact, victims could suffer catastrophic brain damage that could affect them physically and cognitively.

How Do I Know if I Have a Brain Injury?

There are many symptoms associated with brain injuries, some common brain injury symptoms include:

• Loss of consciousness anywhere from several minutes to several hours
• Repeated nausea and vomiting
• Headache that gets worse over time
• Dilation that appears in one or both pupils
• Difficulty sleeping
• Fluids that drain from the nose, ears, or both
• Seizures
• Weakness in the toes or fingers
• Convulsions
• Sensitivity to life
• Blurry vision
• Behavioral changes
• Poor coordination and limited mobility
• Slurred speech

Many traumatic brain injuries have delayed onset, subtle symptoms, and involve microscopic tears of brain tissue that do not show up in an initial emergency room examination.

As they heal and scar, however, problems with memory loss, sensory impairment, or personality can become apparent. Sometimes the injuries are not even apparent except to family members after an extended period. It is important to select attorneys who are well-versed in these types of cases.

Our Attorneys Understand Head Injury Cases. Call for Assistance

We have decades of experience with validating claims for catastrophic injuries, such as brain injuries. If you are unsure of how to proceed with a lawsuit or would like to know if you have a case, call us today to schedule a free legal consultation.

There are no upfront fees or legal obligations, and our goal is to secure maximum compensation for your damages. We are always prepared to take cases to court and manage each step of the legal process.