Eugene Brain Injury Lawyers
Brain injury cases are often complex, especially if you can recover compensation from more than one defendant. That’s why it’s important to work with an experienced team of brain injury attorneys in Eugene. Strong Law has a 98 percent win rate for our clients in injury cases, and we’re here to help you, too.
Car accidents, slip and fall accidents, and some crimes, such as kidnapping and battery, can all cause traumatic brain injuries. Hitting your head can cause as much damage to your brain as a penetrating injury, such as that caused by a bullet or a piece of metal from your car. Depending on the type of traumatic brain injury you have, you could become permanently disabled. The person who caused the accident or incident should pay for your injuries and other damages.
Get the compensation you deserve in your Eugene brain injury case. If you or a loved one suffered a traumatic brain injury, contact our office at (206) 741-1051 today to schedule a free case evaluation.
Types of Brain Injuries
Traumatic brain injury is one of the most common causes of long-term disabilities and death. The term traumatic brain injury, sometimes referred to as TBI, encompasses several types of injuries to the brain. Even a mild concussion is considered a traumatic brain injury.
Doctors divide brain injuries into two major types: closed and penetrating. In a closed brain injury, the damage is caused by shaking or the rapid movement of the brain inside the head. For example, if you crash your car at 70 mph into a large piece of construction equipment, the vehicle will stop immediately. However, your brain matter will continue moving forward until it hits your skull. In that situation, it will most likely bounce from the front to the rear of your skull several times, significantly bruising your brain or causing other damage.
A penetrating brain injury is when something breaks the skull. A piece of bone could penetrate the brain, or the bullet from a gun could penetrate the brain.
Brain injuries can also be primary or secondary. A primary brain injury is one that happens at the time of the incident — for example, in a car accident. A secondary brain injury can take hours or days to manifest. It usually happens after the primary brain injury and includes chemical, cellular, blood vessel, and/or tissue changes, usually over time. These changes are set off by the primary brain injury and cause further degradation of the brain.
Our Eugene brain injury lawyers understand how serious injuries can impact your ability to carry on your life as you did before your accident. You can depend on our experience and our proven record of winning cases for our clients. Get the compensation you deserve for your injuries. Call our team today at (206) 741-1051.
Effects of Brain Injuries
In some cases, you can recover from a mild brain injury with no long-lasting effects if you have the proper medical attention. In other cases, you might need lifelong medical care, including rehabilitation. The effects of brain injury include:
- Cognitive issues, including confusion, comas, problems with your memory, loss of the ability to comprehend abstract concepts, decreased awareness, losing sense of time, having trouble solving problems, losing the ability to comprehend more than one or two commands at a time, and a decrease in judgment.
- Motor issues, including paralysis, poor balance, weakness, tremors, loss of endurance, spasticity, issues with swallowing, loss of coordination, and the inability to plan motor movements.
- Sensory issues, including vision problems, changes in all five senses, having too much sensation or losing sensation in body parts, losing track of where your limbs are, and poor right-side or left-side coordination.
- Communication issues, including difficulty understanding someone, difficulty speaking, not being able to find the right word, forgetting how to do everyday things, such as brushing your teeth, forgetting what common items are called, difficulty with reading and/or writing, and forgetting how to do math.
- Functional issues, such as the inability to do daily acts, such as getting dressed and bathing, impaired ability to do daily acts, the inability to organize things, and forgetting how to drive a car.
- Social issues, such as not being able to make or keep friends, having difficulty understanding and/or responding to social interactions, and being unable to function in a relationship, whether with family or with friends.
- Regulatory issues, such as being tired all the time, getting dizzy, having headaches, changes in your eating habits, changes in your sleeping patterns, and loss of control of your bladder or bowels.
- Personality changes, such as irritability, apathy, decreased or no motivation, anxiety, aggression, depression, emotional liability, and getting frustrated easier than usual.
Some brain injuries could also cause epilepsy, whether grand mal or petit mal seizures. The seizures could start immediately after a brain injury or could surface years later.
The Cost of a Eugene Brain Injury Attorney
When you have a brain injury, you are most likely out of work and are more worried about providing for your family instead of paying for an attorney. When you work with our brain injury lawyers in Eugene, OR, you do not have to pay anything upfront. Your initial case evaluation is free, as are our services. If we do not win your case, you do not pay for our services.
Instead, we handle the hassle of negotiating with the insurance company so you can concentrate on recovering. If the defendant’s insurance company does not offer a fair and reasonable settlement, we will also handle filing a lawsuit against the defendant and his or her insurance company. We just want you to concentrate on getting better.
Why It’s Important to Have a Lawyer When You Work with Insurance Companies
Some people prefer to attempt settlement negotiations without using a Eugene brain injury lawyer. We do not recommend that for several reasons. The biggest reason is that insurance companies know they can take advantage of the average layperson because he or she is not familiar with personal injury law.
Insurance companies are in business to make a profit. Every claim they pay out means less profit for them. Thus, they will try anything to deny your case. Their favorite tactic is to twist what you tell them in an attempt to place the blame for the accident on you. They deny claims or offer just enough to make people “go away” more often than not. Insurance companies also know that they cannot get away with doing this when you retain an attorney.
They also know that experienced Eugene brain injury attorneys know how much medical expenses are likely to be for a brain injury, so insurance companies are less likely to offer an extremely low settlement when an attorney works on your settlement negotiations. However, some insurance companies will still try to low-ball you, even with an attorney.
Another reason you should work with an experienced Eugene brain injury lawyer is that more than one person might be liable for your injuries and other damages. For example, in a car accident, a truck might have crashed into you, but another passenger vehicle could have cut the truck off. In such a case, you could recover from both parties, depending on the circumstances.
When the defendant is a commercial defendant, such as a delivery person or a truck driver, you could also recover damages from the driver’s employer, the truck mechanic, a third-party dispatcher, the person or entity who loaded the truck, inspectors, and more.
In any type of accident, if a defective part on a vehicle caused an accident, you could recover compensation from the part manufacturer or even the vehicle manufacturer, depending on the circumstances.
In slip and fall accidents, the person who owns the property might not be the only person liable for your injuries. A renter, a maintenance company, or others could share in the responsibility.
Settle or Litigate a Eugene Brain Injury Case
If the insurance companies involved do not offer you a fair and reasonable settlement, you can stop settlement negotiations at any time and file a lawsuit. Once you file a lawsuit, you will have several court deadlines to meet, but we will handle all of that for you.
In some cases, the insurance company caves and asks to restart settlement negotiations after you file a lawsuit. It costs the insurance company a lot more money to go to trial. They could ask to restart settlement negotiations at any point during the lead-up to the trial. Some will ask within a few days of filing the complaint, and others wait until just before the trial.
If you or a loved one suffered a traumatic brain injury, contact the team in our Eugene office of Strong Law at (206) 741-1051 for a free case evaluation and to learn more about our attorneys and staff.
Recoverable Damages in a Eugene Brain Injury Case
After an accident or incident that causes a brain injury, you can recover damages from the person or entity who caused your injuries. The law allows you to recover two types of damages: Compensatory damages and punitive damages. The law allows for two types of compensatory damages, and both are meant to make you whole again: economic damages and non-economic damages.
Economic Damages in a Eugene Brain Injury Case
Special damages, often referred to as economic damages, have a monetary value. These are expenses that you and your insurance company pay out of pocket. You can use your vehicle insurance and/or your health insurance to cover medical expenses until you get a settlement or a trial award. In many cases, both types of insurance companies will ask you to reimburse them out of your settlement. Economic damages include:
You can recover any medical expenses that you pay out of pocket. Your insurance company could request reimbursement out of your settlement since the defendant should cover these costs. Medical expenses include costs for surgeries, doctors’ appointments, various therapy appointments, ambulatory aids and prescriptions.
You can also recover costs for retrofitting your vehicle with hand controls if a car accident, traumatic brain injury, or another incident caused you to lose the use of your legs. Medical expenses also include the changes you have to make to your home to accommodate your injuries, including wheelchair ramps, grab bars, and making wider doors.
When collecting medical expenses, you can recover compensation for the time you missed from work, from the time of the incident through the time you settle or win a trial award. Additionally, your Eugene brain injury lawyer will work with experts to determine the approximate costs of future medical expenses. Part of your settlement or trial award is for these future expenses if needed.
You can also recover compensation for any personal property destroyed or damaged in the accident or incident. If you were in a car accident and are working with car accident lawyers, you could recover compensation to pay for repairs or the replacement of your vehicle and anything of value damaged in your vehicle, such as cell phones, computers and clothing.
Lost Wages and Lost Earning Capacity
Even a minor concussion is a traumatic brain injury. However, chances are you can go back to work in a few days. However, most people who suffer from traumatic brain injuries have severe concussions, penetrating brain injuries, or other brain injuries that prevent them from working right after the accident and in the future.
You can recover lost wages from the time of the accident or incident through the time you settle or win a trial award. If your doctors believe that your brain injury caused a long-term or permanent disability, you could also recover compensation for lost earning capacity.
Our brain injury attorney in Eugene, OR, will determine how much money you might have been able to earn until your retirement had you not suffered from a brain injury and will ask for the money in the settlement or trial award.
Sometimes traumatic brain injuries cause the death of a loved one. If your loved one died at the accident scene or later because of a traumatic brain injury, his or her estate could recover funeral expenses, burial expenses, cremation expenses, and certain other expenses, such as probate court filing fees.
General damages, often referred to as non-economic damages, do not have a monetary value because you cannot place a dollar amount on pain and suffering and other losses. Non-economic damages our Eugene brain injury lawyers can pursue include:
- Pain and suffering, including emotional distress. If you lose a loved one because of a brain injury, the deceased’s estate could cover emotional distress for the spouse and minor children.
- Loss of quality of life. Severe and catastrophic injuries usually require lifestyle changes, not only for you, but for your family. If you have to take prescriptions or use ambulatory aids for the rest of your life, or if you have to make other life changes, you could recover compensation for loss of quality of life.
- Loss of use of a body part or a bodily function. If a traumatic brain injury or other accident injury causes the inability to use a limb, digit, your eyesight, or other body part or bodily function, you could recover additional compensation.
- Loss of companionship. If you can no longer enjoy spending time with your family or take part in family outings and events, you could recover compensation for loss of companionship.
- Loss of consortium. In some cases, a traumatic brain injury could prevent you from having an emotional and physical relationship with your spouse.
- Inconvenience. You should not have to pay someone to do the chores you normally do. If your brain injury prevents you from mowing the yard, going to the grocery store, cleaning your house, or doing home repairs and maintenance, you could recover extra compensation to use to pay those you have to hire.
Additionally, if doctors have to amputate a limb or digit, or if you become disfigured or have excessive scarring because of an accident, you could recover additional compensation. While the money doesn’t remove your disabilities or bring back a loved one, it does significantly reduce the financial stress you are put under because of your injuries.
The court orders punitive damages in a brain injury case only if you can show that the defendant’s actions were grossly negligent or intentional. For example, the court might find that someone driving while distracted was grossly negligent. Purposeful actions might include battery, murder, or injuring you while in the process of kidnapping you or trespassing on your property with the intent to harm you.
The court orders the defendant to pay punitive damages as a punishment in the hopes that the defendant will not repeat his or her actions. If the defendant caused your injuries while committing a crime such as battery, the state would usually prosecute him in the criminal court. You still have to file a civil action in the form of a personal injury lawsuit against the defendant in order to get compensation.
Contact Our Eugene Brain Injury Lawyers
We Have a Proven Record of Winning
The sooner you contact our personal injury lawyers in Eugene about recovering compensation for your brain injury, the sooner you can concentrate on recovering. Worrying about fighting the insurance company just exacerbates the issues you might have and could slow recovery.
The Eugene brain injury lawyers at Strong Law have a 98 percent win rate, which means that you do not have to worry about this fight yourself. Whether you want to attempt settlement negotiations or litigate your case, we are ready to help you.
Contact our office at (206) 741-1051 to schedule a free case evaluation and to learn more about how we can help you.
Types of Incidents that Cause Brain Injuries
Many types of accidents and incidents could cause brain injuries, including:
- Vehicle accidents
- Slip and fall accidents
- Sporting incidents
- Battery by an intruder
- Dog attacks.
Regardless of what caused your brain injury, you could be entitled to recover compensation from the defendant.