Traumatic brain injuries (TBI) can have profound and lasting effects on individuals, altering their lives and the lives of their families in significant ways. In Dayton, those who have suffered a TBI due to someone else’s negligence need a legal team that understands the complexities of their condition and the long-term care it may require. The Dayton Personal Injury Lawyers at The Fitch Law Firm are experienced in handling TBI cases and committed to securing the comprehensive compensation that victims need for their recovery and future well-being.
Dealing with the aftermath of a traumatic brain injury involves navigating a myriad of challenges, from immediate medical care and rehabilitation to adjusting to life with potential long-term disabilities. The financial, emotional, and physical burdens can be overwhelming, making it essential for victims and their families to have access to skilled legal representation. Our TBI Lawyers are dedicated to providing the support and advocacy needed, ensuring that you receive the personalized attention and aggressive representation necessary to achieve the justice and compensation you deserve.
Getting Legal Help After a TBI
After suffering a TBI, you deserve the chance to rest, recuperate, and adjust. Trying to manage an injury lawsuit by yourself at such a time may only add unnecessary stress and strain to your life.
The team at The Fitch Law Firm LLC would like to help by managing your lawsuit on your behalf. We will:
- Tell you whether you are eligible for damages in one quick, free phone call
- Investigate the accident that caused your injury and collect important evidence from witnesses, relevant documents, and other sources
- Calculate what your damages may be worth
- Identify who is liable for your injuries and notify both them and their insurance company about your lawsuit
- Attempt to negotiate with the insurance company and fight vigorously for all the money you need and deserve
- Take your case to trial and work hard to convince a jury that you deserve to collect damages
- Keep you updated and answer any questions you have throughout the claims or lawsuit process
We are ready and willing to do everything possible to ensure justice is done in your case.
Insurers May Try To Reduce or Deny Your Claim
Insurance companies have many tactics for avoiding or mitigating any losses. For example, an insurance company may claim a claimant’s medical tests didn’t establish a TBI conclusively. A claimant may have trouble refuting such a claim on their own.
A lawyer from our firm can help refute such a claim with a corroborating statement from a specialist, like a neurologist. If the lawyer can get testimony like this from an expert, this may help. Even if a claimant’s diagnostic testing was inconclusive, the lawyer and an expert may still be able to provide evidence of a TBI.
An insurer could also claim a claimant’s TBI is minor. While it’s true that some symptoms of a TBI can be subtle and minor, such as memory issues, other symptoms can be major. Also, a patient may need a year or longer to recover or may not recover at all. A TBI lawyer understands these things and knows how to defend against insurers’ claims.
For a free legal consultation with a Dayton traumatic brain injury lawyer, call: (614) 545-3930
Call Now »Expenses, Losses, and Other Damages You Could Recover After a TBI
Depending on how your traumatic brain injury occurred and what the consequences are, you could file a lawsuit for different damages. Also, you may be able to seek compensation from different parties.
Some of the damages you could file a personal injury suit for after suffering a TBI include:
- Hospitalization and ambulance costs
- Medical treatment and medication costs
- Therapy and assistive equipment costs
- Diagnostic testing costs
- Lost income
- Lost or reduced earning potential
- Pain and suffering
- Disfigurement or scarring
- Total or partial physical disability
- Total or partial intellectual disability
- Overall loss of quality of life
The Fitch Law Firm LLC can obtain and use various forms of evidence to support your need for damages. For example, we can use any or all of the following to strengthen your case:
- Salary or wage slips
- Medical treatment invoices and medical records
- Vehicle repair bills
- Testimonies from medical injury and financial experts
- Any footage or photos of the accident or the accident scene
- Police reports
Once we have an evidence-based monetary figure for your damages, we can file a lawsuit. If the responsible party’s insurer refuses to make a fair settlement offer, we can take your case to trial.
Wrongful Death Damages in a Dayton, OH, TBI Case
According to the Centers for Disease Control and Prevention (CDC), roughly 176 people were killed every single day in 2020 from issues related to a traumatic brain injury.
If your loved one passed away due to a traumatic brain injury, The Fitch Law Firm LLC may be able to help you pursue compensation in a wrongful death claim or lawsuit. The recoverable damages in an Ohio wrongful death case are awarded to certain surviving family members. These damages can include:
- Funeral, burial, or cremation costs
- Loss of companionship
- Loss of income and inheritance
- Mental anguish
- And more
We understand how difficult it is to lose someone in such a sudden, unexpected way and we are sorry for your loss. Allow us to help you through this difficult time by taking care of your legal needs. During a free consultation, we will explain how Ohio law governs wrongful death cases and how the process of filing a wrongful death suit works.
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.
Talk To a Lawyer Now »Common Causes of Traumatic Brain Injuries
Traumatic brain injuries are serious and a major cause of death and disability in the United States. A blow or jolt to the brain, a motor vehicle accident, or a premises accident can cause a traumatic brain injury.
Various kinds of accidents or other incidents involving negligence can cause TBIs. Potential causes include but are not limited to:
- Motor vehicle accidents
- Construction accidents
- Workplace accidents
- Motorcycle accidents
- Bicycle accidents
- Medical malpractice
- Pharmaceutical malpractice
- Nursing home accidents
- Birth injuries
- Sports injuries
The Fitch Law Firm LLC can help protect your rights after a traumatic brain injury, whether it was caused by a car accident, medical malpractice, or another incident in the Dayton area.
Determining Liability
If another party’s negligence led to your TBI, they may be liable for your damages. You can seek those damages through a claim or lawsuit. Depending on how your accident occurred, you may be able to file a suit against:
- A premises owner
- A vehicle operator
- A medical professional
- Another liable party
To prove the other party’s liability, you’ll have to establish their negligence. This requires showing how the party owed you a responsibility to protect you from harm and how they failed in this responsibility. You’ll have to establish other criteria too. All this can be difficult to do on your own while tending to your health, but a lawyer from our firm can help.
A traumatic brain injury (TBI) lawyer from The Fitch Law Firm LLC will investigate your case, identify the liable party, and help you bring legal action against them. The sooner you get in touch with our Dayton team, the sooner we can begin helping you.
Symptoms of Traumatic Brain Injuries
According to the Mayo Clinic, traumatic brain injuries, depending on their severity, can lead to a long list of health issues and symptoms, such as:
- Issues with vision, such as blurry or spotty vision
- Depression, anxiety, and unexplained fear
- Headache, nausea, dizziness, and vomiting
- Unexplained personality changes
- Frequent and unusual mood swings
- Difficulty remembering things
- Hearing a recurring ringing sound (tinnitus)
- Feeling overly drowsy or exhausted
- Issues with balance
- Oversensitivity to light, sound, or motion
A traumatic brain injury victim may or may not lose consciousness as soon as an injury occurs. Severe cases can also be fatal.
Once a doctor diagnoses a traumatic brain injury, the doctor will need to determine the severity of the injury, the treatment required, and the potential for recovery. These are important factors to consider not just for your own well-being but also for filing a lawsuit against the liable party.
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How an Attorney Can Help With Your Case
One of our firm’s attorneys can handle your case. Your attorney will take on every task in your case and help you recover your due compensation so you’ll be able to focus on other issues, like your recovery and family matters.
There are many reasons to hire an attorney from our personal injury law firm. Mr. Fitch has over 30 years of experience helping people, so we’re fully capable of managing your case and lawsuit for you. We’ve also had excellent results, such as having obtained a verdict of $134 million dollars* for a client, which may be one of the most successful personal injury verdicts ever in Ohio.
Additionally, we have excellent feedback from our clients and a 10.0 (Superb) rating from Avvo, a successful online marketplace for legal services. The company Three Best Rated previously rated John Fitch, our founder and primary attorney, among the best personal injury attorneys in Central Ohio. You’ll be in capable hands when you hire one of the attorneys from our firm.
You Must Take Legal Action in Your Dayton TBI Injury Case Before the Deadline Ends
There are legal deadlines for filing lawsuits in Ohio. Claimants generally have two years from the date of their incident to file a personal injury lawsuit, per Ohio Revised Code Section 2305.10. Per Ohio Revised Code Section 2125.02, claimants generally also have two years from the date of their incident to file a wrongful death lawsuit. We can review your situation and let you know which deadline applies to your Dayton-area case.
Failure to take legal action within the appropriate deadline for either type of case could result in your lawsuit getting dismissed. If this happens, you will not be able to recover compensation for your damages.
Contact The Fitch Law Firm LLC Today
You do not need to face the consequences of your TBI alone. A traumatic brain injury lawyer from The Fitch Law Firm LLC will handle all legal work in your case. Contact our Dayton office today for a free consultation. We may be able to work on a contingency fee basis with no upfront payments. In this case, we’ll only collect attorney’s fees if we recover compensation for you.