Omaha Traumatic Brain Injury Lawyer

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Attorney Robert M Knowles
Last Updated: October 30, 2024
Legally Reviewed By: Robert M. Knowles

Attorney & Partner At Knowles Law Firm

Brain injury victims have moved to the forefront of a national conversation regarding the seriousness of mental disease and the impact small head traumas may have on this. Brain injuries are often difficult to receive accurate settlement offers from since many small brain traumas will have a lasting impact in the years to come, which may be difficult to predict.

However, brain injuries are now recognized for the serious injury they are, and the party accountable for the accident leading to the injury should be held liable for the resulting injuries, including the future projected costs of treating the injury. If you’ve been the victim of another’s negligence which led to your head injury, contact the Omaha traumatic brain injury attorney at Knowles Law Firm.

Why Choose Our Omaha Traumatic Brain Injury Lawyer?

  • We have a track record of success and over 50 years of legal experience. Our personal injury lawyers can take on even the most complicated case.

  • We care about our clients. We know a brain injury case is about much more than financial gain, and will personalize our legal strategies to address your unique needs.

  • Our lawyers operate on a contingency fee basis, meaning we don’t charge a fee unless we win your case. You will pay your personal injury lawyer $0 upfront.

Traumatic Brain Injury Causes and Cases

Data from the Centers for Disease Control and Prevention (CDC) shows that traumatic brain injuries (TBIs) are a major cause of death and disabilities. In 2021, there were over 69,000 TBI-related deaths in the United States alone.  

TBIs often occur after serious accidents involving a blow to the head which can jolt the normal function of the brain. The brain is a delicate organ that can suffer damage in many different circumstances. Any impact that causes the brain to move around in the skull or strike its sides could cause a significant injury. Certain brain injury victims in Omaha have higher risks of sustaining brain injuries than others.

Trauma to the head or brain via an open or closed head injury could occur in many types of accidents, including:

Identifying the cause of a brain injury could help the victim hold someone liable. The party most at fault for causing the brain injury could be financially responsible for damages. In these situations, the injured victim may have grounds to file a tort claim against the at-fault party or parties. A brain injury lawsuit starts with recognizing who caused the accident.

How Can a Traumatic Brain Injury Lawyer Help? 

Brain injury cases in Nebraska are complex. The financial burden of medical bills associated with TBIs can be overwhelming, making it crucial to have legal representation to ensure full compensation. They often require medical experts to testify regarding how the head injury will impact the victim’s life and future. This can allow a jury to see the effects the injury will continue to have on the victim, such as future estimated medical costs.

A traumatic brain injury attorney can hire experts who are at the top of their field to testify during your case. Your lawyer can also conduct a thorough investigation of the accident that gave you the injury and collect evidence to support your case against one or multiple defendants.

No matter how much a brain injury has upended your life, an insurance company will not have your best interests in mind during settlement negotiations. You may be faced with bad-faith tactics such as inadequate settlement offers or a wrongful claim denial in an attempt by the insurer to save money.

A personal injury attorney can protect your rights when dealing with the insurance company and negotiate aggressively for optimal case results. In the event that your case has to go to court, a lawyer can represent you at trial to fight for maximum financial compensation.

What Is the Statute of Limitations on a Brain Injury Claim in Nebraska? 

A statute of limitations is a legal deadline by which a plaintiff must file a claim in Nebraska, or risk losing the right to recover financial compensation forever. The courts typically refuse to hear a case that is filed past its deadline.

Each state has different statutes of limitations. In Nebraska, the general deadline for a personal injury claim is four years from the date of the accident or the date the injury was discovered (or should have been discovered with reasonable diligence).

However, there are some exceptions to the rule. If you suffered a brain injury in an assault, for example, the statute of limitations is just one year. If you do not discover your brain injury immediately, the statute of limitations will be tolled, or paused, until the date of discovery.

In addition, injured minors are given more time to file; their statute of limitations is four years from the age of majority, which is 19 in Nebraska. The best way to ensure you meet your deadline is by contacting a brain injury attorney as soon as possible.

What Is a Traumatic Brain Injury and How Is it Diagnosed?

A traumatic brain injury can occur when something impacts the head or brain with enough force to cause damage. A brain injury can temporarily or permanently affect brain cells. This can cause physical and/or cognitive changes in the victim. A TBI comes from external forces, while an acquired brain injury stems from internal trauma.

If a victim notices potential signs of a brain injury, he or she should see a doctor. The doctor will perform a physical examination of the patient, including reflex tests. Then, the physician may order additional scans and tests, such as CT scans, to detect damage in the brain. Brain injuries such as swelling or bleeding may appear on CT scans and X-rays. From there, the physician will refer the patient to a specialist or recommend treatment.

Types of Traumatic Brain Injuries 

Traumatic brain injuries can take many forms. Each kind of brain injury can have different potential consequences based on the severity of the damage and the location of the injury. It is often said that there is no such thing as a minor brain injury, as even one that is classified as mild can result in life-changing symptoms for the victim.

Common types of traumatic brain injuries are: 

  • Concussion
  • Contusion
  • Hematoma (bruising)
  • Edema (swelling)
  • Hemorrhage (bleeding)
  • Diffuse-axonal injuries
  • Coup-contrecoup injuries
  • Penetrating brain injuries
  • Second-impact syndrome

At Knowles Law Firm, our personal injury attorneys can help if you or a loved one has been diagnosed with any type of brain injury after a preventable accident in Omaha. We have decades of experience helping clients with traumatic brain injuries, and understand what these cases need to succeed. We stay up to date about the latest information on the effects that brain trauma can have on a survivor to achieve the case results that they deserve.

Symptoms of Traumatic Brain Injuries 

A common kind of brain injury is a concussion. This is a mild traumatic brain injury. Other types of injuries to the brain include hematoma, diffuse axonal injury, edema, hemorrhage, contusion, and a penetrating injury. When the brain sustains damage, the victim can suffer many different symptoms. Each patient will have a unique experience.

The type of head injury and its effects will depend on the part of the brain injured, the severity of the impact and many other factors.

Common symptoms of traumatic brain injuries include: 

  • Confusion
  • Disorientation
  • Dizziness
  • Memory loss
  • Trouble speaking
  • Sensory issues
  • Headache
  • Nausea or vomiting
  • Sleep problems
  • Mood changes
  • Seizures
  • Loss of consciousness

After any potential signs of a brain injury, a patient should seek medical treatment. Traumatic brain injuries are extremely serious. A patient can change status in a matter of seconds. The best thing a patient with a brain injury could do is get immediate medical care.

A serious injury may require surgical intervention to stop bleeding in the brain or release pressure due to swelling. Sometimes, brain injury symptoms occur hours or days after the injury. It is important to go to the hospital after hitting your head in an accident, whether you notice symptoms right away or not.

Traumatic Brain Injury Recovery

TBIs often go undetected shortly after an accident, which only leads to further complications in terms of treating the injury as well as correctly projecting the correct amount of damages after an accident. Personal injury claims are often brought after an accident and will include medical expenses, lost wages, and other items in the full claim. 

However, in cases such as TBIs, it may be difficult to fully project what type of expense an injured party will need in the future, especially when the full scope of the brain injury does not manifest itself until years, even decades later.

An experienced personal injury attorney can assist you in working through these issues and will take into account medical professional’s opinions, as well as your ongoing progress to recovery in calculating an appropriate claim amount. Many brain injuries will lead to a full recovery while others may result in a slow deterioration of mental cognition. 

The traumatic brain injury attorneys of the Knowles Firm will closely consult with many different medical professionals to ensure you receive the amount in damages you deserve for your injuries.

Long-Term Effects

Unfortunately, some people never fully recover from brain injuries. Many doctors refer to the treatment process as lifelong recovery. Most patients experience rapid improvement in the first six months. From there, however, progress can plateau and occur more slowly with time.

The long-term effects of a traumatic brain injury can include cognitive problems, developmental delays, learning issues, speech impediments, physical challenges, memory loss and more. A patient could be permanently disabled from a bad brain injury. With treatments and rehabilitation, however, many patients can make full recoveries from brain damage.

Work With Our Omaha Traumatic Brain Injury Lawyer

The damages or monetary awards recoverable in a traumatic brain injury claim can range from medical expense reimbursement to punitive damage awards. You and your family could recover the full costs of your brain injury: hospital bills, future health care, lost wages, lost earning opportunities, physical pain and emotional suffering. A severe brain injury could be worth a significant amount of money with help from a traumatic brain injury attorney.

If you or a loved one have received a brain injury after an accident, do not hesitate to contact the attorneys of the Knowles Law Firm. 

Our Omaha traumatic brain injury attorneys have years of experience in handling brain injury claims and we have many different experts we turn to in calculating the amount in damages related to brain injuries. Contact our Omaha, Nebraska offices today for your initial free consultation.

Attorney Robert M Knowles
About Our Attorney

Robert M. Knowles

Attorney & Partner at Knowles Law Firm

Robert has tried cases in both state and federal courts and was selected as one of the top 100 litigation lawyers in Nebraska for 2014 by the American Society of Legal Advocates. Less than 1.5 percent of lawyers nationally are selected for this recognition. He is rated AV by Martindale-Hubbell which is the highest rating an attorney can obtain. He was also selected by Martindale-Hubbell as a 2019 Top Rated Lawyer.

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