Common Questions About Brain Injuries in Cleveland
Victims of brain injuries often have questions about the severity of their injury, the claims process, and how Ohio law applies to their case. Answers to some of our clients’ most frequently asked questions are below.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a brain injury caused by a sudden blow, jolt, or impact to the head or body. TBIs can range from mild concussions to severe, life-altering injuries.
What Are Common Symptoms of a Traumatic Brain Injury?
Symptoms may include headaches, dizziness, nausea, confusion, memory problems, fatigue, mood changes, sensitivity to light or noise, and loss of consciousness.
Is a Concussion a Traumatic Brain Injury?
Yes. A concussion is considered a mild TBI, but even mild TBIs can lead to serious complications if left untreated.
What Should I Do After Suffering a Head Injury?
Seek medical attention immediately. The Cleveland area is home to several nationally recognized trauma centers, including UH Cleveland Medical Center and MetroHealth Medical Center. Some brain injury symptoms may not appear right away, and early diagnosis is important for both your health and your legal claim.
How Are Traumatic Brain Injuries Diagnosed?
Doctors may use neurological exams, imaging tests such as CT scans or MRIs, cognitive evaluations, and symptom assessments to diagnose TBIs.
What Accidents Commonly Cause Traumatic Brain Injuries?
Car accidents, motorcycle crashes, falls, workplace accidents, sports injuries, bicycle accidents, and violent assaults are common causes of TBIs.
Can I File a Lawsuit for a Traumatic Brain Injury?
If another person or party caused your injury through negligence, you may be able to pursue compensation through a personal injury claim.
What Compensation Is Available in a Brain Injury Case?
Compensation may include damages for medical expenses, lost wages, rehabilitation costs, pain and suffering, future care needs, and reduced earning capacity.
What if My Brain Injury Happened at Work?
You may qualify for workers’ compensation benefits. In some situations, injured workers may also have claims against third parties who contributed to the accident. The Ohio Bureau of Workers’ Compensation offers more information and support resources.
How Long Do I Have to File a Brain Injury Claim in Ohio?
Personal injury claims generally must be filed within two years of the date of the accident. The deadline depends on the type of case and the circumstances involved. Speaking with an attorney as soon as possible can help preserve evidence and protect your rights.
What if I Was Partially at Fault for the Accident?
Ohio follows a modified comparative negligence rule. You may still recover compensation if you were 50% or less at fault for the accident, though your compensation may be reduced proportionally. For example, if you are found to be 25% responsible for the accident, compensation can be reduced by 25%.Are Brain Injuries Permanent?
Some people fully recover from mild TBIs, while others experience long-term or permanent complications affecting memory, concentration, speech, movement, or emotional health.
Why Are Traumatic Brain Injury Cases Complicated?
TBIs are often difficult to diagnose and prove. Symptoms could change over time, and insurance companies may dispute the severity of cognitive or emotional impairments.
What Evidence Can Help Support a Traumatic Brain Injury Claim?
Medical records, neurological evaluations, imaging scans, witness statements, employment records, and family members’ testimony may all help support a claim.
Can Family Members Recover Damages in a Severe Brain Injury Case?
In some cases, family members may recover compensation related to loss of support, caregiving burdens, or wrongful death damages after a fatal brain injury.
Will Insurance Cover My Brain Injury Treatment?
Insurance coverage depends on the type of policy involved and the circumstances of the accident. Serious brain injuries often result in expenses that exceed basic insurance coverage, making legal action necessary to help ensure the victim’s financial well-being over their lifetime.
Should I Accept an Insurance Settlement After a Brain Injury?
You should carefully review any settlement offer before accepting it. Brain injuries may require ongoing treatment and long-term care that are not immediately obvious after an accident. An attorney experienced in brain injury cases can help you weigh your options.
Do I Need a Lawyer for a Traumatic Brain Injury Claim?
TBI cases often involve complicated medical evidence and disputed damages. An attorney can help investigate the accident, gather evidence, and negotiate with insurance companies on your behalf.
How Much Does It Cost to Hire a Brain Injury Lawyer?
At Nurenberg, Paris, Heller & McCarthy, clients pay nothing unless compensation is recovered. Our No Fee Guarantee® means there is no risk to you when you reach out for a free case review. Contact us today to schedule a free consultation and let us help you move forward.
