Considering how vital your brain is, it’s surprising that it doesn’t have more natural protection than a few layers of membranes and your skull. This vulnerability puts you at risk of suffering a brain injury if you’re in any kind of accident.
Traumatic brain injuries (TBIs) are serious, potentially causing a long-term disability that can keep you from living a full life. Unfortunately, they are also common, with as many as 2.5 million people experiencing TBIs annually throughout the United States. Of these, an average of 50,000 result in death.
If you’ve been rushed to the University of Michigan Medical Center with a TBI after an accident that someone else’s negligent or wrongful conduct caused, you have the right to file a personal injury claim to recover losses. At Atnip & Associates, PLLC, our team of Ann Arbor brain injury lawyers offers the guidance you need.
Traumatic brain injuries are injuries caused by a strike to the head. The force of the strike makes the brain shift and hit the skull, damaging blood vessels.
Penetrating TBIs occur when something pierces your skull and damages brain tissue. Blunt or closed-head TBIs occur when something hits your head hard enough to cause the brain to bounce.
TBIs create chemical changes in the brain along with inflammation. This can result in symptoms that include:
Concussions are the most common types of traumatic brain injuries. Even though they’re considered mild, concussions can still take months to heal. Sometimes, a second concussion follows right after the first as the brain bounces against two sides of the skull. This can lead to permanent brain damage.
Another common and very dangerous type of TBI is a diffuse axonal injury (DAI). A DAI causes widespread damage to the brain’s white matter, leading to a breakdown in communication in brain nerve cells. It’s a severe injury that can lead to permanent disability.
There are other types of brain injuries that can leave you facing life-shattering consequences. Getting immediate medical assistance is vital if you’re ever hit in the head.
Falling and hitting your head is a very common cause of TBIs. A fall can occur anywhere. You could be walking down the street and slip on an icy sidewalk or be shopping in your favorite store and trip on a damaged step.
People who work on construction sites are particularly vulnerable to these accidents. In fact, falls are the leading cause of fatalities on construction sites.
Motor vehicle collisions are another common reason people suffer TBIs. In Washtenaw County in 2024, there were 9,844 traffic crashes, with 1,640 of them resulting in injuries.
You might assume that an airbag can keep you from experiencing brain injuries, but that’s not always the case. If the force of the hit is powerful enough, your brain can still shift in your skull — even if the airbag prevents you from hitting the steering wheel or glove compartment.
Cyclists and motorcycle riders can also suffer TBIs. They can be flung off their bikes, hitting the pavement with a force that results in catastrophic injuries.
After suffering a traumatic brain injury that occurred because of someone’s negligence, you have the right to file a personal injury claim to recover losses. That’s not a simple process, however. One of the most difficult parts is demonstrating that negligence occurred.
To do so, you have to prove that the person at fault owed you a duty of care that they breached.
Suppose that you file a claim against another driver for causing the TBI. In this case, the defendant had a duty of care toward everyone on the road to drive safely and obey traffic laws. If they were speeding or driving while intoxicated, they breached this duty.
The next thing you have to show is that the defendant’s actions led directly to the injuries you suffered and that you can be compensated for those injuries. Proving all of this means gathering a lot of evidence, which isn’t always simple — especially when you’re dealing with a catastrophic injury.
By hiring an Ann Arbor brain injury lawyer, you have someone with experience to gather the exact information you need and deal with legal issues while you focus on healing. At Atnip & Associates, PLLC, we can also get corroborating testimonies from expert witnesses like medical professionals.
Perhaps the most important reason to hire a personal injury lawyer to represent you is that negotiating with insurance companies is never easy. They will fight you every step of the way. An insurer may try to bully you into accepting a low settlement or even try to get you to drop the claim completely.
Our lawyers have years of experience with these kinds of negotiations. We know how to get insurance companies to the table, and we won’t accept anything less than what you deserve. If there are disputes or issues, we can take the case to court and litigate it in front of a judge. These are not things you want to do on your own.
Crucially, we also provide support. A TBI can be devastating. You will be dealing with physical and emotional trauma, and you need people fighting your corner. That’s what we can do at Atnip & Associates, PLLC.
After suffering a brain injury, you can claim economic and non-economic damages. Economic damages include compensation for your financial losses, such as medical expenses. It’s likely that you’ll need ongoing care as you heal, so these damages also cover future medical expenses.
A traumatic brain injury can result in you missing work. Through your claim, you can recover lost income, including wages, commissions, bonuses, and benefits. If you won’t be able to return to work because of the TBI, you can claim loss of future earning potential as well.
Non-economic damages are more subjective. They compensate you for losses that aren’t financial, such as loss of enjoyment of life and pain and suffering. If a loved one died because of a TBI, you might claim loss of consortium for the companionship and support you no longer receive.
| Case | Settlement | Descripton |
|---|---|---|
“Confidential v. Confidential” | $1,500,000 | Third-party automobile negligence resulting in a traumatic brain injury from a rear-end collision. |
“Gavan v. Citizens” | $150,000 | Negligence and uninsured motorist claim causing traumatic brain injury resulting from separate rear-end motor vehicle accidents. |
“Kenney v. State Farm” | $136,722 | First-party claim arising out of a motor vehicle wherein plaintiff sustained a traumatic brain injury, torn meniscus of left knee requiring multiple surgeries, neck and back pain and lumbar disc surgery. |
After suffering a catastrophic injury like a TBI, you need experienced lawyers representing you. At Atnip & Associates, PLLC, our team of attorneys will gather the evidence necessary to prove you deserve compensation and will negotiate aggressively with insurance companies on your behalf.
You don’t have to go through the aftermath of an accident on your own. Contact us at Atnip & Associates, PLLC, to speak with an Ann Arbor brain injury lawyer.
