A Springfield traumatic brain injury (TBI) lawyer from our team can protect your interests if you or a loved one was injured by a careless or negligent individual. We can inform you of your rights and help you pursue fair compensation.
In TBI cases, we can calculate an appropriate settlement based on your and your family’s physical, mental, and financial losses. This settlement can help you pay for all of the care that you will need, now and in the future.
Common Recoverable Damages in a Springfield TBI Case
Once you have identified the at-fault party, you must quantify the expenses and damages that you wish to recover from them. In most cases, you can seek compensation for medical treatment expenses related to your TBI. These may include the costs of:
- Diagnostic scans
- Blood tests
- Surgical procedures
- Physical therapy
- Psychological therapy
- Vision, hearing, or social/emotional assessments
In addition to current and future accident-related medical expenses, the following economic damages may be recoverable in a personal injury case:
- Lost wages for the time that you were unable to work due to your injuries
- Reduced earning capability, if you can no longer work at the same capacity as before the accident
- Property damage
You may be able to use medical treatment invoices, income statements, and similar forms of proof to quantify the losses that you sustained.
For a free legal consultation with a traumatic brain injury lawyer serving Springfield, call 614-545-3930
TBIs Often Result in Significant Non-Economic Harm
In addition, we help clients pursue non-economic damages, or compensation for physical and psychological injuries. The following damages may be available to you:
- Pain and suffering
- Intellectual or physical disability
- Mental anguish
- Loss of quality of life
While not easy to assign a monetary value to, non-economic damages are an important part of any financial recovery.
Springfield Traumatic Brain Injury Lawyer Near Me 614-545-3930
A TBI Lawyer From Our Firm Serving Springfield, OH, Can Work for You
Our team is dedicated to helping Springfield, Ohio, clients receive the legal care they deserve. AH Tools, a client of ours who was involved in a car accident, praised our firm for being “extremely knowledgeable about traumatic brain injuries” and for doing everything possible to put him in “the best financial position possible” after his serious injury.
Among the tasks that we frequently perform on our clients’ behalf are the following:
- Coming to you: If your traumatic brain injury keeps you from traveling, we can visit you at home or in the hospital—wherever is most convenient for you.
- Investigating the injury: The insurance company, and perhaps even the authorities, have looked into your accident. We can also do so with the goal of collecting evidence to boost your case.
- Negotiating a settlement: We can meet with representatives from the insurance company and fight hard to get them to pay an appropriate settlement.
- Taking the case to trial: If the insurance company does not offer a fair settlement, we can work to persuade a jury to award you the money you need.
- Making our services affordable: In addition to evaluating all cases at no charge, we can defer attorney’s fees until the end. If we cannot get compensation for you, you do not pay any attorney’s fees, ever.
The Fitch Law Firm LLC represents accident victims in a wide range of personal injury cases in Springfield, Ohio. A traumatic brain injury lawyer from our firm may be able to manage all aspects of your TBI case so that you have one less thing to worry about as you recuperate.
Determining Liability for a TBI Injury After a Springfield Incident
If another party’s negligence caused your TBI, they may owe you compensation. Accident types that may warrant a personal injury suit include:
If you can prove that another party’s negligence caused your accident and your TBI, they may be liable for your accident-related damages. Depending on where and how you were injured, you may be able to hold the following parties liable for your TBI-related damages:
- Vehicle operators, if a negligent car, truck, or motorcycle operator caused the accident that injured you
- Medical caregivers, if a doctor, nurse, or hospital administration harmed you while they were providing you with treatment
- A business owner, if you suffered an injury on the premises due to the owner’s lack of compliance with safety regulations
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Deadlines to Sue for a Personal Injury in Ohio
There are deadlines for filing certain types of lawsuits in Ohio. Generally speaking, there is a two-year statute of limitations on personal injury lawsuits per Ohio Revised Code Section 2305.10. However, this deadline may be different in your case, depending on several factors.
In addition, while this is not an official deadline, starting your case sooner may make it easier for us to build a strong, persuasive case. Examples of evidence that may not be available if you wait too long include:
- Surveillance video or traffic cam footage
- Eyewitness testimony
- Photographic or video footage from witnesses
Failure to take legal action by the specific deadlines that apply in your case could prompt a court to dismiss the lawsuit, leaving you unable to recover compensation for your damages.
TBI Symptoms to Watch Out for After an Accident
Depending on the severity of their injuries, TBI victims can suffer a wide range of physical, sensory, cognitive, and emotional issues. Per the National Institute of Child Health and Human Development (NICHD), TBI symptoms may include:
- Headaches and dizziness
- Blurry vision
- Difficulty thinking
- Nausea or vomiting
- Sensitivity to noise and/or light
- Difficulty maintaining balance
- Feelings of anxiety or depression
TBIs may require emergency medical treatment. If you suspect that you have any TBI symptoms after your accident, it is best if you see a doctor immediately. A doctor can:
- Help you diagnose and begin treating your TBI
- Create evidence in a medical record linking your TBI to your accident
- Prevent TBI symptoms from becoming more serious or even life-threatening
TBI Treatments in Springfield Can Be Expensive and Ongoing
Depending on the severity of your TBI and related injuries, doctors may administer a wide range of treatments. While a doctor may order rest, medication, and careful monitoring for mild TBIs, more serious injuries could require additional treatment. According to the Mayo Clinic, severe TBI treatment may include:
- CT scans or MRIs
- Prescription medications
- Inducing a temporary coma
In addition to the costs of treatment, the symptoms and issues that may come with TBIs can seriously hamper your ability to live your life as you did before the injury. TBI symptoms may interfere with your ability to work and maintain normal, healthy relationships with family, friends, and the community.
No matter what treatments you need or how serious your traumatic brain injury is, a lawyer from our firm can help you seek fair compensation from the liable party.
Springfield Traumatic Brain Injury FAQ
Have you suffered a traumatic brain injury in Springfield, Ohio? If so, you may have many questions regarding liability, cause, compensation, and what to expect from the claims process in general.
With this in mind, we have answered some of the most frequently asked questions surrounding traumatic brain injury claims in Springfield below. If you have further questions we did not answer here, we can answer them during a free consultation. During that time, we can discuss your case’s details further.
How Do Insurance Claims Work After a TBI?
The insurance claims process can vary widely depending on how your traumatic brain injury occurred. Generally, you will file a claim with the liable party’s insurance provider. In most cases, an insurance policy protects liable parties.
For example, if you suffered a TBI in a slip and fall accident, the property owner would likely have some type of homeowners insurance or general liability insurance. If you were involved in a motor vehicle accident, the liable driver would likely have auto insurance coverage protecting them. You file a claim with the liable party’s insurance company to recover compensation for your damages.
However, do not be surprised if the insurance company does not settle your claim fairly. Insurance claim claims are often complex, and many factors can influence your insurance settlement amount, including:
- What types of coverage the liable party purchased
- The amount of coverage the liable party purchased
- The types of damages you are seeking recovery of
- Whether you share fault for causing the accident
We Will Deal with the Insurance Company for You
Do not be surprised if the insurance company attempts to make you a low offer or place unwarranted blame for the accident on you. These are tactics they used to reduce the amount of compensation they may be obligated to pay you. You can protect your injury settlement by having our Springfield traumatic brain injury attorney handle the negotiations process on your behalf.
What Happens if I’m Partially Responsible for My Traumatic Brain Injury?
Sharing fault for your traumatic brain injury or the accident that caused it can impact the compensation amount you can be awarded. Fortunately, Ohio follows a modified comparative negligence system.
Here, if you are partially at fault for the injuries you sustained, you can still recover conversation for your damages, as long as your portion of fault does not exceed 50%. Once your damages exceed this limit, you likely will not be able to have your case heard in Springfield’s civil court system.
You can also expect a lower injury settlement amount that reflects your portion of liability. For example, if you were found 10% responsible for your traumatic brain injury, you could expect your injury settlement to be reduced by 10%. If you have concerns regarding how your traumatic brain injury settlement could be affected by Ohio shared fault laws, be sure to discuss these concerns with your attorney.
Contact the Fitch Law Firm LLC Today About Your Springfield Traumatic Brain Injury
If you suffered a TBI due to another party’s negligence in Springfield, you do not need to face the legal process on your own. A traumatic brain injury lawyer from our Springfield, Ohio office can handle all the legal work in your case while you focus on recovering.
For a free case review with a member of our team, call the Fitch Law Firm LLC today. We may be able to represent you on a contingency fee basis with no upfront attorney’s fees required.