Traumatic Brain Injury Lawyer

Experienced Advocacy to Help TBI Survivors Recover When It Matters Most

Traumatic brain injuries (TBI) can be psychologically shattering and physically debilitating. While life may never be the same after a TBI, there can be various options for recovering — including legal remedies if negligence caused the TBI.

At Morris & Dewett Injury Lawyers, our 5-star TBI lawyers are highly skilled at seeking justice for brain injury survivors. With more than 20 years’ experience, we know what it takes to stand up to the toughest opponents, and we are incredibly effective at winning even the most complicated TBI cases.

Whether you or a loved one has been diagnosed with a TBI, we can provide unparalleled advocacy and compassionate counsel when you need it most. Simply contact our brain injury lawyers for confidential answers about a potential TBI case.

We are here for you, ready to help 24/7.

Call 888-492-5532 or Email Us for a Free, Confidential Consultation 24/7.

Morris & Dewett Injury Lawyers has recovered millions in all types of brain injury cases. Your claim and recovery could be our next victory.

Click on a link below to jump directly to a question and answer about brain injury causes, lawyers, cases, and compensation.

• TBI Definition: What Is a Traumatic Brain Injury?
• Traumatic Brain Injury Statistics
• 4 Leading Causes of TBIs
• When Should I Talk to a TBI Attorney?
• When Should I File a TBI Claim?
• What Does TBI Compensation Include?

TBI Definition: What Is a Traumatic Brain Injury?

TBI is brain damage resulting from an outside force or blow to the head. That means that traumatic brain injury tends to be caused by an accident or event, not a genetic disorder or illness. In fact, the two primary causes of TBIs are events involving:

1. A direct hit to the head: TBIs can occur when a foreign object hits the head. While these brain injuries can be closed-head injuries, meaning there is not an open wound associated with the brain damage, they may result in an open-head TBI if the object cracks or penetrates the skull.
2. Violent shaking of the head: When this happens, the brain is damaged as it thrashes against the skull’s inner walls. These types of TBIs are usually closed-head injuries. Despite that, these TBIs can be fatal with complications like brain hemorrhaging and increases in intracranial pressure.

With TBIs, it’s critical to understand that:

• Even the mildest forms of traumatic brain injury can have lasting impacts.
• TBIs can be cumulative injuries, meaning a second (or subsequent) brain injury can compound the effects of a previous one.
• Traumatic brain injury can impact cognition, mood, perception, communication skills, and physical activities.
• TBI treatments often involve a battery of care, ranging from physical and occupational therapy to surgery, medications, and more.

Traumatic Brain Injury Statistics

TBIs occur quite often. When they do, they can come with gut-wrenching impacts and costs, as the latest traumatic brain injury statistics show below (source: CDC).

• TBI complications kill about 166 Americans every day and require about 620 others to be hospitalized.
• TBIs cause roughly 33% of all deaths from an injury (rather than illness).
• Those with the greatest risk of sustaining a traumatic brain injury include children (under 17) and older adults (over 55).
• Females suffer TBIs at half the rate males do.
• Depending on the severity of a brain injury, the lifetime costs of care range from about $85,000 to $3 million.

As eye-opening as these TBI statistics are, they do not reveal what it’s like to have your life turned upside down by a traumatic brain injury.

When that happens, survivors and families can turn to the TBI lawyers at Morris & Dewett Injury Lawyers for help. We can explain the legal options while helping you navigate the path to justice.

4 Leading Causes of Traumatic Brain Injury

Negligence is a leading cause of TBIs. Tragically, this negligence can occur almost anywhere — at home, at work, on the roads, and elsewhere.

Still, there are a handful of accidents that tend to cause the most traumatic brain injuries. These include:

1. Falling
2. Traffic Accidents
3. Work Accidents
4. Dangerous Products

Here is a deeper look at these four leading causes of TBIs and how negligence is often involved.

#1 Cause of TBIs: Falling

The number one cause of fatal traumatic brain injury is falling accidents. Actually, falls cause about 33% of deadly TBIs, and these fatal falls have skyrocketed by more than 20% over the last 15 years (source: CDC).

Keep in mind that falls can include same-level accidents, like slip, trip, and falls, as well as falls from high areas. Also, with TBIs and falls, it’s crucial to know that:

• Falling is especially risky for those over 55. These adults are far more likely to sustain severe injuries and deadly TBIs after falling.
• The negligence that causes falls and TBIs can vary widely. Faulty equipment, dangerous premises, and safety failures can all lead to falls at home, at work, and in other locations.

#2 Cause of TBIs: Traffic Accidents

The second leading cause of TBIs is motor vehicle wrecks. In fact, while traffic accidents are the second-leading cause of TBI hospitalizations and deaths, motor vehicle accidents also cause about (source: NCBI):

• 1 in 2 survivable TBIs
• 1 in 4 fatal TBIs

Whether these wrecks involve car accidents, big rig collisions, bus crashes, pedestrian accidents, or other traffic crashes, it’s important to know that:

• Those with the greatest risk of suffering a TBI in a crash are people between 15 and 24 years old.
• Driver negligence may be just one factor that contributes to traffic crashes and TBIs. Defective vehicle parts, motor carriers’ negligence, and other factors can also cause motor vehicle accidents and TBIs.
• It often takes careful investigations to determine liability for TBIs caused by auto crashes.

#3 Cause of TBIs: Work Accidents

Job-related TBIs can happen after explosions, vehicle crashes, equipment failures, and other accidents at work. In many cases, these traumatic brain injuries impact workers with especially risky jobs, including those who work:

• In high areas: Loggers, roofers, electricians, and construction workers can all work in elevated areas. That naturally elevates their risk of job-related falls and TBIs.
• With industrial equipment: Large, heavy machinery can hurt workers when there’s a lack of training or safety guards for equipment. If the equipment is defective or poorly maintained, it can also cause serious work accidents and job-related TBIs.
• With volatile substances: Workers in manufacturing, the oil and gas industry, and other sectors often come into contact with hazardous substances that can cause explosions and TBIs.

Depending on how work-related TBIs occur, there may be various parties who are liable — and injured workers could have multiple claims for recovery. That could include a workers’ compensation claim and a separate TBI claim.

#4 Cause of TBIs: Dangerous Products

The items, equipment, and appliances you use can also cause accidents and TBIs. This can occur whenever products are poorly designed and/or badly made.

Without sufficient safety testing, instructions, or warnings, dangerous products can also cause TBIs. These products can include anything from household items, toys, and vehicle parts to electronics, equipment, machinery, and more.

In many cases, negligent manufacturers are liable for the harm caused by their unsafe products. However, others — from engineers and designers to suppliers, distributors, and retailers — can also share liability for TBIs caused by dangerous products.

When Should I Talk to a TBI Attorney?

Contact a TBI lawyer ASAP after a TBI diagnosis or if you need answers about a potential brain injury case. There are a couple of important reasons why you don’t want to wait to talk to a brain injury attorney:

• You don’t have forever to file a TBI case. Time is limited — you have one year to file a claim in Louisiana and two years in Texas (with some exceptions). You don’t want to lose out on your legal options for recovery simply because you put off talking to a TBI lawyer.
• You can’t rely on others to protect your rights. Insurance companies and others involved in your claim won’t be looking out for you or your TBI case. A brain injury lawyer can, however, and that can play a major role in helping you secure full, fair TBI compensation.

Remember:

• You don’t need to have all of the facts before you talk to a traumatic brain injury lawyer: And you don’t need to know who’s liable. An attorney can help you with these aspects of a TBI claim while advocating your rights and helping you position a case for success.
• You don’t have to pay anything to talk to or retain a TBI attorney. At Morris & Dewett Injury Lawyers, we work on contingency. That means you only pay for legal services until or unless compensation is recovered for your traumatic brain injury claim.

When Should I File a TBI Claim?

Just like talking to a lawyer, the sooner you move forward to file a claim, the better. There are many reasons this is true, but here are three key ones to consider:

1. At-fault parties may start crafting a defense to TBI cases immediately after an accident or injury-causing event. For example, if you suffer a traumatic brain injury in an 18-wheeler crash, a motor carrier may deploy a rapid response team immediately to the crash site to start collecting evidence to defend and protect the company.
2. Evidence to prove a brain injury case can disappear as time goes by. Accident witnesses, pictures, records, and more can get lost, damaged, or intentionally destroyed as more time passes.
3. Waiting to proceed with a TBI case can make it harder to successfully resolve it.

Keep in mind that when you move forward with an attorney, (s)he will take the lead with your traumatic brain injury case, so you can focus on healing.

What Does TBI Compensation Include?

Traumatic brain injury compensation is based on various factors, including (but not limited to):

• The severity and impacts of the TBI
• The negligence and liable parties involved
• The damages sustained

That means that TBI compensation can differ from case to case. Still, these financial recoveries tend to cover similar damages, including past and future losses that are economic and noneconomic in nature. That can include (but is not limited to):

• Medical bills
• Lost wages, benefits, and bonuses
• Lost earning capacity
• Property damage
• Pain and suffering
• Loss of consortium