Some of the most severe injuries you can suffer are those involving the brain. Your brain is a complex organ protected by three thin membranes called meninges. Despite these protections, when any physical trauma occurs and the brain is jostled around, it can twist or hit the sides of the skull, leaving you with life-altering consequences.
Everything from car accidents to falls could result in traumatic brain injuries (TBIs) that can send you to Ascension Providence Rochester Hospital. Treating a TBI can be a long and difficult process, potentially requiring hours of ongoing medical care. That could mean mounting hospital bills, missed work, and many other losses.
If the injury was a result of someone’s negligent or wrongful conduct, you may be entitled to compensation. At Atnip & Associates, PLLC, our team of Auburn Hills brain injury attorneys can help you fight for your rights.
A TBI is an injury to the head that impacts how the brain works. These injuries can occur as a result of an external physical assault. Damage to the brain can be focal, meaning it affects one area of the brain, or it can be diffuse, which means it occurs in more than one area.
Additionally, there are two types of brain injuries — closed and penetrating injuries. A closed brain injury occurs when the brain moves rapidly backward and forward or when it’s shaken in the skull. These actions result in the tearing of blood vessels and brain tissue as well as bruising. Concussions are the most common of these injuries.
A penetrating brain injury is one that happens when there’s a break in the skull. Skull pieces or foreign objects can cut into brain tissue, potentially causing significant damage.
TBIs can present with many symptoms, depending on the type of injury and its severity.
In the most severe cases, someone with a traumatic brain injury can fall into a coma and not wake up. Brain injuries are the type of injury most likely to result in fatalities. In 2023, there were 68,663 TBI-related deaths throughout the country.
Traumatic brain injuries can be the result of many types of accidents. Here are some of the most common reasons people suffer these catastrophic injuries.
Falls are the leading cause of TBIs. Falling from heights, as can happen at construction sites, or slipping and falling because of wet floors can lead to these severe injuries. Although TBIs related to falls are most prevalent in older adults, the injuries can happen to people of all ages.
Another common cause of TBIs is being involved in an accident with a motor vehicle, either while driving it, riding as a passenger, or being struck by one as a pedestrian or cyclist. In 2024, Oakland County experienced 35,951 traffic collisions, with 9,139 of them resulting in injuries.
The crash types that most often cause TBIs include rollover accidents, head-on collisions, and T-bone collisions. Even a seemingly simple rear-end crash can lead to a concussion, however, if the force of the impact is enough to cause your brain to strike the inside of your skull.
Being struck by an object can also result in TBIs. It’s a significant concern in construction sites, for example, where objects can fall from high above or where heavy machinery can strike workers. These accidents can result in closed head injuries, as well as penetrating ones.
After suffering a TBI because of someone’s negligence, you could have the right to file a personal injury claim to recover damages. That’s not something you want to attempt on your own, however.
To be able to get compensation, you will have to demonstrate that negligence took place. You can do this if you meet a few key elements, beginning with showing that the defendant owed you a duty of care and breached it.
If the injury was the result of a fall because of unmarked wet floors at a store, for example, the property owner or manager owed you and all other visitors a responsibility to keep the premises safe. They breached that responsibility by not placing a warning about the wet floor.
You then have to show that the negligent conduct led to your injuries and that you can be compensated for them. None of these elements are simple to prove, and while you’re dealing with symptoms of a brain injury, you don’t want to have to focus on the legalities of beginning a claim. By having a lawyer, you can put your energy into healing.
Part of the process of going through a personal injury claim is negotiating with insurers. Despite what these companies may say, they’re not on your side. Their goal is to pay you as little as they can get away with, and they’ll try a variety of tactics to accomplish that.
They may threaten you not to pay you at all unless you accept a low offer or could bully you into dropping your claim altogether. With a lawyer by your side, you don’t have to worry about any of this. We’ll aggressively negotiate to get you the compensation you need after a traumatic brain injury.
At Atnip & Associates, PLLC, we can also take your claim to court if we feel you’re not being treated fairly. We’ll litigate for the compensation you deserve in front of a judge. You should never attempt to do that on your own.
After suffering a TBI, you can claim both economic and non-economic damages. Economic damages are those that compensate you for financial losses you sustained because of your injuries.
These damages can include medical expenses and future care you will need, as well as lost wages. If you can’t return to work, you can claim loss of earning potential, too.
Non-economic damages compensate you for non-financial losses. Pain and suffering fits into this category, as does loss of enjoyment of life. If you lost a loved one as a result of a TBI, you can also claim loss of consortium. It compensates you for the loss of support and companionship you’ve suffered.
| 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. |
If you’ve suffered a traumatic brain injury as a result of an accident that someone else’s negligent or wrongful conduct caused, you have the chance to file a personal injury claim to get compensation to cover your medical bills, lost wages, and other expenses.
At Atnip & Associates, PLLC, our team of experienced Auburn Hills TBI lawyers can guide you through the complexities of this process.
Our decades of experience and our dedication to each of our clients allow us to provide the help you need. Contact us to schedule a free consultation.
