Free Consultation
Brain Injuries
Portland Traumatic Brain Injury Lawyer
Winning for Our Clients
Portland Brain Injury attorneys helping victims recover fair compensation.
You've come to the right place
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is any injury to the brain that’s caused by an outside force. Everything from a mild bump to a severe impact injury can be classified as a TBI. Primary injuries are those where damage is obvious. The person may lose consciousness or have a foreign object penetrate their brain.
Symptoms of secondary TBIs don’t always present immediately. You may experience symptoms like headaches and memory loss gradually in the hours, days, or even weeks after the injury.
Traumatic brain injuries are a major cause of death in the U.S., taking approximately 69,000 lives a year. While all TBIs should be viewed as serious medical conditions that require evaluation, most are considered mild or moderate.
Injured in an accident? A Portland traumatic brain injury lawyer can assess your case and pursue rightful compensation.
Concussion/Mild TBI
Even a mild TBI is a serious injury, because the effects are cumulative. Someone who had one or more concussions as a child might be more prone to a TBI as an adult, and the symptoms could increase in severity and duration. Eventually, repeated concussions could cause severe headaches, trouble concentrating and remembering, and balance issues.
Moderate TBI
A moderate TBI is typically not fatal but could cause long-lasting or permanent health problems. People with moderate TBIs may experience significant challenges processing and retaining information, have sharp mood swings, and might exhibit a lack of inhibition. Physical symptoms of moderate head trauma may include trouble with balance, motor skills, and speech, as well as severe headaches, problems focusing the eyes, and other symptoms. People with moderate TBIs have a decreased lifespan and usually experience a diminished quality of life.
Severe TBI
Severe TBIs are often fatal, and people who survive them are likely to develop other conditions such as infections, seizures, or pneumonia within a few years of the injury. An individual with a severe TBI may not be able to walk, perform activities of daily living, or communicate and might need round-the-clock care.
Causes of TBIs
Any accident that causes an impact to the brain could result in a traumatic brain injury.
Auto Collisions
Collisions involving cars, trucks, motorcycles, pedestrians, and bicycles are common causes of TBIs. High-speed impact can increase the risk of a severe TBI.
Falls
Falls from high places can result in a TBI, but they are not the only kinds of falls that may result in injury. Slip and fall accidents, falls down staircases, or falls on the playground may also lead to brain injuries under certain circumstances.
Sports Injuries
TBI is a concern with any impact sport or extreme sport. Adults and children participating in activities such as football, soccer, skateboarding, hockey, and other sports with the potential for impact can be at risk for a TBI.
Blast Injuries
Explosive blasts are commonly linked to combat environments, but they also happen in industrial settings and other workplaces. A blast can cause a person to fall or create fast-moving debris that impacts the head, but the explosive shockwaves of the blast can also injure the brain.
Damages in TBI Cases
If a Portland attorney could prove that someone's negligence caused an individual to suffer a TBI, the negligent party can be held liable for the injured person's damages. Damages include medical costs and lost wages, as well as:
- Incidental expenses
- Cost of in-home care
- Value of household tasks that the injured person can no longer perform
- Home renovations necessary to accommodate an injury and its limitations
- Reduced future earning potential
Damages include payment to acknowledge the change in the injured person's quality of life due to the traumatic brain injury. An injured person could receive damages for intangible losses such as:
- Embarrassment and humiliation
- Physical pain
- Reduced life expectancy
- Inability to maintain intimate relationships
- Emotional trauma
Statute of Limitations for TBI Claims in Portland
Maine's statute of limitations in most personal injury cases is six years from the date of injury. The statute of limitations for medical malpractice cases is three years from the date of the malpractice event. However, there are specific situations when the time to sue is shorter. Consulting with an attorney in Portland soon after suffering a traumatic brain injury could ensure that an injured person does not inadvertently lose their right to sue.
For example, if the TBI happened while the injured person was skiing or hang gliding at a ski resort and the ski resort is a defendant, Maine Revised Statute §752-A requires the injured person to file a lawsuit within two years of their injury. If the State of Maine or a local government might be a defendant in the lawsuit, the injured person must serve notice of their claim within one year of sustaining the TBI. If the Federal government might be a defendant, the injured person must serve notice within two years.
FAQ
Should I Accept a Settlement for My Traumatic Brain Injury?
Accepting a settlement before consulting with a premier Gideon Asan personal injury attorney is not recommended. Injury victims need someone on their side who can accurately assess the amount of compensation that will cover both present and future expenses.
The goal of an insurance company generally is to settle a case for the lowest possible amount — not the fairest. Once you agree to a settlement, you waive your rights for future compensation.
How Is Liability Decided in a TBI Case?
The process of proving liability requires investigation. Experienced attorneys like those at Gideon Asan know how and where to find the evidence needed to build a strong case. Evidence may include witness statements, medical reports, incident reports, expert testimony, and video from traffic cameras and other sources.
How Much Compensation Am I Entitled to for a TBI Injury?
Every case must be evaluated on its own merit. The compensation you can receive depends on many factors, including the severity of your brain injury and any future medical care you may need. Your skilled Gideon Asan attorney can fight to protect your rights and negotiate the best possible settlement on your behalf.
Can My Minor Child Receive Compensation for a Sports-Related TBI?
A parent or guardian can hire an attorney to file a lawsuit on behalf of a minor. Proving liability is necessary to receive compensation. If evidence shows the injury was caused by another party’s negligence or failure to act with care, they may be held liable.
For example, an injury caused by defective sports equipment or poor maintenance of the court/field could warrant a claim. Speak to an experienced Gideon Asan attorney to learn more.
Seek Guidance from a Portland Traumatic Brain Injury Attorney
TBIs can be devastating, and their effects can last for years. It might be challenging for you and your family to plan for an uncertain future.
Let a Portland traumatic brain injury lawyer help. With extensive knowledge of the legal system and experience representing others with these injuries, a local legal professional could help ensure that a settlement meets all your needs. Call today to speak with a committed legal advocate.
What they say
“Taylor Asen and Ben Gideon’s professionalism, expertise, diligence, commitment and kindness never wavered, diminished or faltered during the period it took to resolve my medical malpractice case.”
