Traumatic Brain Injury Lawyer

June 6, 2023 | Attorney, Matthew Dolman

Serious accidents often cause severe head injuries, including traumatic brain injuries (TBIs). Suffering a TBI can irreparably damage your physical and mental health and your financial well-being. If your TBI was the result of an accident caused by someone else's negligence, you may be eligible to recover financial compensation when you partner with a skilled traumatic brain injury lawyer.

After you file a traumatic brain injury claim, insurers will likely try to discredit and minimize your injury. An award-winning personal injury lawyer at Dolman Law Group can represent you, advocate for you, and challenge insurance companies that are not willing to offer fair compensation. We can gather the necessary evidence to show the severity of your injury, and our team won't back down until you receive the settlement or verdict you deserve.

Why Choose the Brain Injury Lawyers at Dolman Law Group?

Our compassionate team of legal professionals has extensive experience handling a wide array of traumatic brain injury claims throughout the United States.  Our brain injury attorneys have handled claims ranging from anoxic brain injury (brain damage due to oxygen deprivation) to post-concussive syndrome with skill, compassion, and tenacity.

Our firm maintains relationships with many of our nation's leading brain injury experts.  We generally retain a leading expert to assist us during the investigatory phase of your case. A good expert witness can make or break a brain injury claim, especially at trial.  The biggest mistake we often see is when personal injury lawyers treat a head injury claim the same as a simple personal injury claim.  

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How are the Traumatic Brain Injury Lawyers At Dolman Law Group Different?

brain injury attorneys

The brain injury attorneys at Dolman Law Group Accident Injury Lawyers, PA, have over 120 years of combined experience successfully fighting for our clients, negotiating fair settlements, and securing the justice these injured individuals deserve. Yet, what truly sets us apart from the competition is that we offer our clients the resources and benefits of a large firm while still providing the personal attention they need. 

Dolman Law Group Fights For the Maximum Compensation for TBI Accident Victims

If you or a loved one has sustained a TBI, chances are you weren't prepared for the onslaught of bills and other burdens that often accompany such a serious injury. You need a skilled, empathic advocate to protect your interests. Dolman Law Group has repeatedly proven that our brain injury lawyers can consistently recover maximum compensation for our clients.

Recently, we have secured several settlements of over 1 million dollars for TBI victims, including:

  • $6 Million settlement for an anoxic brain injury.
  • $5.3 Million settlement for a diffuse axonal injury.
  • $3.85 Million Settlement for Semi-truck Accident Resulting in Brain Injury.
  • $3.2 Million Settlement for Truck Accident Resulting in Brain Injury.
  • $1.75 Million Settlement for Shoulder Surgery With Mild TBI.
  • $1 Million Settlement for a Motorcycle Accident Resulting in a TBI.

Our Reputation Says It All

The best way to choose a personal injury lawyer is by asking friends, family members, colleagues, and others who have used them before. If they recommend someone, that person has likely done an excellent job for them. Dolman Law Group has aided many injured clients who were referred to us by someone's glowing recommendations.

If you or a loved one suffered a traumatic brain injury in an accident due to another person's negligent actions, contact Dolman Law Group today for a free case evaluation. Our personal injury lawyers can meet with you by phone, online, or at one of our conveniently located offices to discuss your case and review your legal options.  We are a law firm accustomed to handling catastrophic injuries.

Many other law firms refer their biggest or most complicated head injury claims and personal injury lawsuits to Dolman Law Group for assistance in the preparation and presentation of their cases.  We are often the go-to brain injury law firm for other firms around the nation.  It is vital to retain a lawyer who understands and can demonstrate the permanent damage the brain can sustain as a result of negligence. We know how to show how your brain injury has impacted and even inhibited your quality of life.

Contact Our Brain Injury Lawyers Today

What is a Traumatic Brain Injury?

According to the Brain Trauma Foundation, around 2.5 million people sustain a traumatic brain injury every year. A traumatic brain injury (TBI) is a brain dysfunction caused by a blow, forceful bump, or jolt to the body or head that disrupts the normal function of the brain. It can also develop from an object that pierces the skull and enters the brain. However, regardless of the cause, these injuries tend to result in bruising, bleeding, torn tissues, and other harm that can result in a lifetime of issues.

The Centers for Disease Control and Prevention (CDC) estimates that approximately 223,135 individuals are hospitalized because of a traumatic brain injury every year, and 64,362 die from it. This represents more than 611 TBI- related hospitalizations and 176 TBI- related deaths per day. However, these estimates do not account for every traumatic brain injury treated in the emergency room, primary care, urgent care, or untreated injuries. 

What are the Different Types of Traumatic Brain Injuries?

Brain injuries tend to happen in two ways:

  • A Closed Brain Injury. These injuries occur when there is a nonpenetrating injury to the brain that does not break the skull. These injuries tend to result when there is a rapid forward or backward movement of the brain or shaking inside the skull that results in tearing and bruising of brain tissue and blood vessels. Qualified medical professionals must determine the severity of a closed head injury.
  • A Penetrating Brain Injury. These rare but serious injuries happen when there is a break in the skull, for example, when a bullet pierces the brain. This type of brain injury often results in long-term care for the injury victim and is generally caused by grossly negligent actions.  

Symptoms of a Traumatic Brain Injury

Symptoms of Traumatic Brain Injury

Symptoms of a traumatic brain injury can be wide-ranging. However, in general, these symptoms tend to include:

  • Drowsiness
  • Headache
  • Confusion
  • Nausea
  • Vomiting
  • Fatigue or lethargy
  • Alteration of sleep patterns
  • Dizziness
  • Speech Issues
  • Blurred vision 
  • Ringing in the ears
  • Sensitivity to light or sound
  • Depression (including mood changes and differences in behavior)
  • Loss of balance

If the injury is more severe, the symptoms can also include more serious signs, such as:

  • Loss of consciousness
  • Sleeping problems
  • Loss of coordination
  • Disorientation
  • Mood changes
  • Memory issues
  • Concentration problems
  • Convulsions and seizures
  • Slurred speech
  • Coma
  • Restlessness, agitation, or confusion
  • Impairment of motor skills

What makes these injuries even more problematic is they do not always manifest directly after an accident or the injury. Depending on the circumstances, it can take days to even weeks for symptoms to appear. However, even what may be considered a "minor" brain injury can result in lasting effects and even long-term disability.

Accidents That Can Lead to a Traumatic Brain Injury

While most traumatic brain injuries develop because of a blow or blunt force to the body or the head, there are various different incidents that can give rise to these debilitating injuries, including:

  • Car accidents, motorcycle crashes, and bicycle accidents
  • Violent acts from assault, abuse, or domestic violence
  • Explosive blasts
  • High-impact sports such as boxing or football or extreme sports
  • Slip and fall accidents
  • Falls from significant heights
  • Loss of or lack of oxygen to the brain

If you sustained a traumatic brain injury due to another person's wrongful actions in a situation not mentioned above, do not let this stop you from reaching out to an experienced brain injury attorney at Dolman Law Group. We can determine your legal options during a free consultation and no-obligation case review. Our attorneys can promptly review the facts of your incident, determine if you have a valid legal claim, and help you pursue the justice and compensation you deserve.

Why You Need a Brain Injury Lawyer to Help You Bring a Legal Claim

Brain Injury Attorney

If you suffered harm after a personal injury accident, you need to realize that time is not on your side when it comes to bringing legal action against the at-fault party.

According to the statute of limitations, victims of a traumatic brain injury accident will usually only have a few years to file a lawsuit after the accident. This period will depend on the type of claim being brought and the state where the incident happened. However, if you do not file a lawsuit within this allotted period, the court can bar you from receiving the money you need.

That is why after a traumatic brain injury accident, reach out to a skilled traumatic brain injury attorney as soon as possible. These legal professionals can promptly verify the time you have to file your legal case and ensure that the necessary documents are submitted before your time runs out.

The Financial Damages You Can Request Following a Traumatic Brain Injury Accident

If you suffered a traumatic brain injury due to another person's negligence, recklessness, or intentional actions, you may be able to obtain monetary damages for everything you endured. These damages are usually broken up into the following categories:

Economic Damages

These types of damages refer to compensation for the easy-to-quantify losses after an accident.

These damages include payment for:

  • Medical expenses related to ambulance services, emergency medical services, doctor visits, hospital stays, surgeries, prescription medications, and assistive medical devices
  • Loss of income and earning capacity/loss of wages
  • Personal property damages, such as repair costs or replacement of property expenses
  • Custodial care expenses
  • Replacement domestic services costs
  • Additional monetary losses (many head injuries result in permanent disabilities)

Non-Economic Damages

These damages refer to compensation for the hard-to-quantify losses resulting from an accident.

These losses include:

  • Pain and suffering
  • Physical impairment and disfigurement
  • Emotional distress or emotional pain
  • Loss of enjoyment of life
  • Loss of companionship and consortium.
  • Humiliation

While these non-economic damages account for a person's non-financial losses after an accident, they are still vital. However, because they do not have a clear financial value, they are more challenging to quantify.

So, if you want to know which of these damages can be pursued, contact an experienced traumatic brain injury attorney from Dolman Law Group Accident Injury Lawyers, PA, as soon as possible. These lawyers can review the extent of your injuries and help you fight for the financial compensation and damages you are entitled to.

What to Do Immediately Following a Traumatic Brain Injury Accident

Unfortunately, because of the nature of a traumatic brain injury, the actions you can take after this incident are limited. However, even though you may not be able to collect evidence or talk to witnesses, you can still do things to help ensure you get medical treatment and protect your legal rights.

Contact the Authorities

After your accident, you need to contact the authorities immediately. This is the quickest way to alert medical personnel and police of the incident and your injuries and get the situation on the record. After the authorities ensure you receive the emergency help you need, they can investigate what happened and write down their findings in their police report. This report can be quite valuable if you decide to pursue legal action after the accident.

Get Medical Treatment

You should get medical treatment immediately after a traumatic brain injury accident. Even if you do not think you suffered a serious injury, remember that these injuries may take some time to manifest. For these reasons, it is best to get looked at by a doctor right away.

In addition to getting you the medical help you need, these medical care professionals can also provide you with a medical report detailing the extent of your losses and showing a connection between your traumatic brain injury and the accident in question. This corroboration can be of major help if the other party or the insurance company tries to claim that your injuries are not that serious or a result of another event.

Reach Out to an Experienced Traumatic Brain Injury Lawyer to Help You Gather Evidence and Build Your Case

After a brain injury accident, gathering evidence on your own is probably not feasible, especially because of how serious a brain injury can be. Fortunately, when you retain an experienced traumatic brain injury attorney from the Dolman Law Group Accident Injury Lawyers, PA, to handle your case, you will not have to worry about gathering this evidence yourself.

Rather, our attorneys can promptly get to work looking into your accident and gathering the evidence required to prove your case, including photos and videos of:

  • The accident scene
  • The vehicles involved, if there were any
  • The dangerous condition that contributed to the accident and the injuries
  • Other details that can help demonstrate what happened

These lawyers can also speak with people who saw what happened and get their testimony, which can help corroborate your legal claim.

Keep Evidence of Your Losses

If possible, keep evidence of all the bills, expenses, and other information related to the accident, such as:

  • The police report
  • Medical reports
  • Proof of time missed from work and lost income
  • Medical bills related to your brain injury
  • Other expenses related to your brain injury

An experienced brain injury attorney can use these documents to help show the total extent of your losses and fight for the maximum compensation you are entitled to.

Watch What You Say to Others

One thing you should avoid doing after a traumatic brain injury accident is talking to others about the incident. This means not making statements about what you think happened, taking any of the blame for what transpired, or apologizing. The other party or the insurance company will likely try to use these comments against you.

Be Wary of the Insurance Company

After a traumatic brain injury accident, the insurance company will likely be calling. However, before you start divulging all the details regarding what happened during your accident, you want to remember that the insurance provider is not there to help you. They, like other businesses, want to earn a profit. They will make more money by paying less for your claim or denying it altogether.

That is why it is common for these insurers and their reps to try to use everything they can against you, even getting you on the phone when you are most vulnerable to get you to say something that can hurt your case.

Following a traumatic brain injury accident, consider first discussing the incident with an experienced traumatic brain injury accident lawyer from Dolman Law Group. Our skilled traumatic head injury attorneys can help you understand the deceitful tactics the insurance company may try on you while also taking over these conversations on your behalf. This can help ensure you do not say anything that can hurt your legal claim or impact the amount of money you can receive.

What Types of Injury Claims Can a Brain Injury Lawyer Handle?

Traumatic Brain Injuries

There are several types of traumatic brain injuries for which you can claim compensation. While brain injuries vary in type and severity, concussions, subdural hematomas, and diffuse axonal injuries are among the most common. They may be open or closed brain injuries.

TBIs may result from direct head trauma or indirect forces applied to the skull, including whiplash. Symptoms of a TBI vary depending on the severity and location of the damage. Mild TBIs may show no signs at all. Mild or moderate TBIs can involve mood, balance, and concentration changes. Severe TBIs may lead to coma, paralysis, vision loss, or death. In addition to the unpleasant TBI symptoms, a blow to the head can also break bones, cause blood clots, and result in permanent deficits. If you hit your head, seek medical treatment right away.

Brain injuries can also be caused at birth, but that is generally considered a different type of injury. Click here for more information about birth injuries.

Keep in mind that the severity of a brain injury can range from a concussion to complete brain death.  Brain death equates to no discernible brain activity that can be measured.  

Trauma Can Cause Hematomas or Blood Clots in the Brain

One type of TBI is known as a hematoma, "a pool of mostly clotted blood that forms in an organ, tissue, or body space" caused by a broken blood vessel. When a mass of blood or pronounced swelling between the skull and the brain occurs, this is known as a subdural hematoma injury. The brain bleed puts pressure on the brain, which can lead to paralysis or death. This type of TBI causes headaches, weakness, vision changes, and trouble thinking clearly. The symptoms usually last only a few days, but they can worsen if not treated quickly.

In some cases, the swelling or mass of blood can also occur inside the brain. Blood clots may resolve on their own, or they may become obstacles that require surgical intervention. If left untreated, blood clots in the brain are capable of inducing a stroke. Strokes can permanently compromise functions like speech, vision, and movement.

Concussions are a Common Form of Traumatic Brain Injury

Concussions are the most common type of brain trauma. Both closed and open head injuries can result in concussions. They are often caused by impacts to the head, violent shaking of the head, or whiplash-type movements. Head trauma often results in post-concussion syndrome, a severe disorder that can last for months or even a year. Concussions are often referred to as mild traumatic brain injury (MTBI). However, even concussions can result in behavioral issues and loss of memory.  Hence, why we are always available for a free confidential consultation.  

Understanding Post-Concussion Syndrome

Symptoms of post-concussion syndrome mirror those of other types of TBIs, including changes in mood and behavior. Common symptoms of post-concussion syndrome include:

  • dizziness
  • headaches
  • anxiety
  • difficulty sleeping
  • irritability
  • inability to concentrate
  • depression
  • memory loss

A concussion must never be ignored and warrants immediate medical attention. Post-concussion syndrome can significantly inhibit your ability to perform tasks and may interfere with your job functions. While some lawyers and physicians may overlook or ignore signs of a concussion to focus on more obvious orthopedic injuries, our personal injury attorneys understand the significance of these issues and how TBIs can affect our clients' lives.

Most individuals with concussions recover after a short to moderate time, aided by rest. Neurologists often play a crucial role in assisting a patient with post-concussive syndrome in evaluating and treating minor mental health and cognitive issues.

Diagnosis of post-concussion syndrome is based on the patient's history of head trauma, results of both a physical and neurological examination, and perhaps other diagnostic tests to rule out the presence of a more severe brain injury. The patient's age and history of prior concussions increase the risk factors for post-concussive syndrome.

What If You Suffer a Second Concussion?

An occurrence of second impact syndrome is marked by rapid swelling of the brain, which may prove fatal. Second impact syndrome (SIS) can occur if a second concussion occurs before the symptoms resolve from the initial trauma. Second impact syndrome (SIS) can occur when someone suffers even a mild head injury while recovering from a prior head injury. Even a minor concussion can cause secondary impact syndrome. Secondary impact syndrome often proves to be deadly and will result in a debilitating condition at a minimum.

Football players and other athletes often suffer multiple concussions during their careers. Repeated concussions can have severe and prolonged effects on the body. Sadly, these repeated injuries have resulted in chronic traumatic encephalopathy, dementia, Alzheimer's disease, Lou Gehrig's disease, and severe depression.

Serious Brain Contusions May Need Surgery

Serious Brain Contusions

brain contusion results from an impact on the head, resulting in severe bruising or bleeding of the brain. A cerebral contusion is a bruise to the brain tissue. Extensive contusions require surgery. Contusions with edema (swelling) often require surgery to reduce intracranial pressure, which can be life-threatening or permanent brain damage.

Contusion-related symptoms depend on the pathology's location (sphere of the brain) and the severity. The swelling is usually most significant in moderate to severe contusions five to six days following the trauma. This is due to swelling of the brain tissue surrounding the impact site.

Coup-Contrecoup Brain Injuries Damages Multiple Sides of the Brain

Coup-contrecoup injuries are a result of two contusions on both sides of the brain. The first contusion is a result of the initial impact on the head. The second contusion results from the head being hit with such force that the brain slams against the other side of the skull. A coup injury occurs directly under the area of impact. A contrecoup injury occurs on the side directly opposite the impact. In a coup-contrecoup brain injury, both sides of the brain are damaged.

Diffuse Axonal Injuries Can Have Long-Term Consequences

A Diffuse Axonal Injury occurs when the brain lags behind the movement of the skull, thus tearing parts of the brain. This is often a result of an intense jolting, shaking, or twisting of the head, such as a car accident. A diffuse axonal injury to the brain can cause severe problems like paralysis, problems with speech and memory, and in some cases, even death.

Diffuse axonal injury is caused by shearing forces such as an acceleration-deceleration mechanism of injury like whiplash. This occurs when the head moves forward rapidly (acceleration) and then backward or suddenly stops (deceleration).

Individuals with diffuse axonal injury typically lose consciousness at the time of trauma. The back-and-forth movement of the brain disrupts the nerve cells and inhibits the ability of the cells to transmit messages.

Penetrating Brain Injury

An injury that forces a foreign object or even a part of the skull into the brain is known as a penetrating brain injury. Penetrating brain injuries can result from a gunshot wound, stabbing wound, or any other sharp object or blunt object with sufficient force. Penetrating brain injuries often involve the most severe direct physical trauma that can cause a brain injury. As a result, these brain injuries are often fatal. Those that manage to survive are almost guaranteed to suffer from severe disabilities.

What Situations Can Lead to a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when the head suffers trauma from an external force. This may include being hit by an object or having a car accident. The result is damage to the brain tissue itself. A TBI can occur without causing any visible signs of injury, although many symptoms may indicate a TBI has occurred. The most common cause of traumatic brain injury (TBI) is falling. Other causes include:

  • assaults
  • gunshot wounds

Your ability to recover damages in a traumatic brain injury lawsuit will depend on whether or not the party who caused the accident is found liable. A negligent party, like a drunk driver, speeding boater, or careless employer, must be shown to have breached the duty of care they owed you. Then, this breach had to result in an accident and culminate in your injuries and damages.

An experienced traumatic brain injury lawyer at Dolman Law Group understands how to prove the necessary elements of your personal injury claim or lawsuit. We can explain how these elements relate to your unique circumstances during a free consultation.

What TBI Financial Damages Can Your Brain Injury Attorney Recover For You?

Those who suffer traumatic brain injuries face severe financial losses. TBIs tend to cause permanent physical damage, even in cases where the injury is on the milder side of the spectrum. The brain is an exceptionally complex organ that we still do not fully understand, which limits the options for treating brain damage.

Damage to the brain affects the body's tangible and physical processes and leads to debilitating cognitive issues. As a result, the damages inflicted by traumatic brain injuries are somewhat unique. For many people, the physical damage they sustain has profound implications for their lifestyle, career, and finances.

Economic Damages Can Add Up in a Traumatic Brain Injury Claim

The economic damages caused by traumatic brain injuries tend to be particularly severe due to the tendency for TBIs to cause permanent and debilitating issues. Medical expenses are usually some of the worst economic damages that people experience.

The bills associated with treating a traumatic brain injury can add up to vast sums, with recurring costs like prescription drugs, therapy, and checkups driving up prices even more. Victims also face lost wages caused by time off work. Many people lose their jobs or careers altogether because of a traumatic brain injury that can lead to dire financial consequences.

Traumatic Brain Injury Victims Often Incur Non-Economic Damages

When someone suffers a traumatic brain injury, they can deal with intense pain and suffering and several other substantial damages that don't have a clear dollar value or cannot be easily validated with a receipt. Some of the most common non-economic damages involved in traumatic brain injury cases include loss of consortium, mental anguish, psychological injuries like depression, and pain and suffering. These non-economic damages are important to value and claim in a traumatic brain injury claim.

Why is Dolman Law Group the Best Option to Represent You in a Traumatic Brain Injury Lawsuit?

After a TBI, the brain injury attorneys of Dolman Law Group can help you file the necessary claims or lawsuits and fight insurance company tactics. We ensure all brain injury survivors have the money they need to pay for the considerable damages they suffer.

Our brain injury lawyers have over 120 years of combined experience successfully negotiating fair settlements, which has made us one of the most highly sought-after personal injury law firms in Florida. Dolman Law Group offers our clients the benefits and resources of a larger firm and the personal attention of a small personal injury firm.

Traumatic Brain Injury Lawyer

Insurers May Claim You Don't Have a TBI

Insurance companies often try to fight TBI claims because they can require long-term, expensive medical treatment. Insurance adjusters often argue that the medical testing did not conclusively establish a TBI. Our lawyers know how to counter this fallacy immediately. While diagnostic testing has dramatically advanced over the past twenty years, microscopic lesions in the brain and damage to the neurons are often missed on an MRI.

Neurologists will rely on the medical history of the patient and their clinical presentation when diagnosing TBI. It is pretty common to have a negative MRI yet manifest with cognitive or functional impairment during neurological or neuropsychological testing. Our brain injury attorneys work with neurologists to provide evidence of your brain injury even when MRIs and other diagnostic testing are inconclusive.

Insurers May Categorize Your TBI As Minor

Claims adjusters and insurance defense lawyers often attempt to minimize the extent of a brain injury by alleging that the injury is minor and that you will quickly recover. Some symptoms of brain injury are minor and subtle such as memory issues. However, 10-15% of mild TBI patients have not healed after one year. Many become more symptomatic later than they were immediately after the injury. Some suffer from persistent headaches, neck pain, or dizziness.

Our traumatic brain injury lawyers resist this tactic because we know that even minor brain injuries can result in severe and long-term suffering. The brain injury lawyers of Dolman Law Group have seen firsthand the chronic disabilities endured by TBI survivors even after low-impact accidents. Our team will work diligently to recover a fair settlement for your past, present, and future expenses.

Contact Our Brain Injury Attorneys

Brain Injury Attorney FAQs

At Dolman Law Group, we understand how devastating a brain injury can be for the victim and their whole family. We also understand the complexities that come with pursuing legal action after this tragic accident. However, until you can go over the specific issues of your accident with an experienced brain injury attorney, we have prepared the below answers to some of the most frequently asked questions our legal team has faced concerning brain injury accidents.

If you want to know what legal action you can take after a brain injury accident, consider talking to an experienced brain injury attorney as soon as possible.

These legal professionals will usually review several questions and factors to determine whether an individual has a valid case, such as:

  • Did the accident result in a brain injury?
  • What is the severity and extent of the brain injury?
  • Is there still time to file a suit after the brain injury accident?
  • Is there insurance money available after the accident or other financial remedies that can be pursued?

At Dolman Law Group Accident Injury Lawyers, PA, our legal team can review each of these factors and then determine whether you have a viable claim you can pursue and the legal options you may have.

How Much Compensation Can You Receive for a Traumatic Brain Injury Case?

When it comes to a traumatic brain injury legal claim, there are countless factors that can affect its value, including:

  • The severity and the extent of the brain injury
  • The type of medical treatments required now and in the future
  • The ability to work following the accident
  • The amount of lost income that resulted from not being able to work following the accident
  • The credibility of the evidence presented and witness testimony
  • The victim's life after the brain injury accident and how it has been affected by the injury
  • The extent of the victim's pain and suffering following this tragic accident

While no attorney can tell you exactly how much money you can receive following a brain injury accident, when you work with an experienced brain injury attorney, these legal professionals can prepare strong legal arguments in response to each of these factors, helping you go after the maximum compensation you are entitled to.

If the Insurance Company Offers You a Settlement, Should You Accept It?

Although receiving money following an accident may seem like good news, accepting the first settlement offer you receive from the insurance company may not be the best idea.

Insurers can offer accident victims a settlement shortly after an accident. However, they usually do this because their offer is so meager that it will barely cover any of the costs, and they hope that by offering it shortly after the incident, the victim will not be in the right state of mind to verify whether this amount is fair to them. Yet, if these individuals accept this settlement offer and later find out that the amount does not cover all their costs and losses, they cannot return to the insurance company and ask for more.

For these reasons, before you accept anything from the insurance company, reach out to an experienced brain injury attorney from Dolman Law Group Accident Injury Lawyers, PA. Our skilled legal team can review your offer and determine if it is fair to you and your needs. If it isn't, we can head back to the insurance company and fight for the compensation you deserve.

How Long Will It Take to Resolve a Brain Injury Case?

Due to the nature of a brain injury case, settling a claim can take some time. Plus, certain other factors can also affect the timing of these legal claims, such as:

  • The number of parties responsible for the brain injury accident
  • The type of medical treatments required
  • Whether the other party or the insurance company is willing to work with you during negotiations
  • The amount of compensation you are seeking
  • Your patience and your ability to wait it out
  • Whether the case heads to trial

In addition, settling your case before you know the full extent of your brain injuries can cost you significantly. That is why consider speaking with an experienced brain injury attorney before you make any decisions regarding your legal case. These attorneys can help you understand how long this process may take and even take steps to help speed up the process.

Will Your Brain Injury Case Go to Trial?

Not every brain injury legal case will go to trial. In truth, most of these cases will settle before getting in front of a judge or a jury. However, to make sure you understand your legal options and that your case is resolved with your best interests in mind, consider speaking with a knowledgeable traumatic brain injury lawyer about what course of action you should pursue.

At Dolman Law Group, our legal team can handle all the negotiations related to your accident and fight for a fair settlement offer on your behalf. However, if the other side is unwilling to offer the money you are entitled to, we are prepared to take your case to trial, where we can fight for every last dollar you deserve.

Can You Pursue Punitive Damages Following a Brain Injury Accident?

Depending on the circumstances of your brain injury accident, you may be entitled to punitive damages. However, unlike the other compensatory damages you can receive after an accident, punitive damages are not designed to compensate you for your losses or injuries. Instead, the court awards these damages to penalize the wrongful party for their egregious actions and deter that party and others from committing similar acts in the future.

As a result, these damages are not frequently awarded. Rather, they are only possible if the victim can show the defendant was guilty of intentional misconduct or gross negligence. For these reasons, if you want to know whether you can pursue punitive damages after your brain injury accident, contact a brain injury lawyer at Dolman Law Group. Our legal professionals can review your accident and determine whether punitive damages may apply to your case.

How Do Personal Injury Lawyers Show Another Party Was Responsible for Your Brain Injury Accident?

Most brain injury lawsuits are based on a theory called negligence. Negligence is defined as conduct that falls below the standard of care of what is expected from a reasonable person under the same circumstances. The behavior usually consists of actions but can also consist of omissions when there is a duty to act.

To prove negligence, injured victims need to show:

  • The defendant owed them a legal duty of care.
  • The defendant breached this legal duty of care.
  • The defendant's breach caused the victim to suffer harm and injuries.
  • The victim suffered actual financial damages because of their injuries.

However, it should also be noted that not all brain injury claims are due to negligence. These devastating accidents can also result from intentional conduct, strict liability, or negligence per see.

So, if you want to know how you can prove that another party was responsible for your brain injury accident, consider speaking to a knowledgeable brain injury attorney. These legal professionals can investigate your accident, determine what happened, and establish how the wrongful party was responsible for your traumatic brain injury.

Which Parties Can Be Held Liable for a Brain Injury Accident?

Because brain injury accidents can result from a number of accidents, several parties can be held liable for the incident, including:

  • Another motorist who caused a motor vehicle accident resulting in a traumatic brain injury
  • Companies that did not provide a safe environment or whose employees engaged in dangerous behavior that caused a traumatic brain injury
  • Healthcare professionals who did not provide the appropriate level of care, leading to a traumatic brain injury
  • Manufacturers and designers of defective devices that lead to a traumatic brain injury
  • Owners of dangerous property that caused individuals to suffer a traumatic brain injury

Working with Dolman Law Group can help you figure out not only who was responsible for your traumatic brain injury but hold these parties accountable for the harm and losses you endured because of their wrongful actions.

Do You Need a Medical Expert to Help Prove Liability and Damages Following a Brain Injury Accident?

Many accidents involve serious injuries that can result in a lifetime of issues and astronomical medical expenses. If you are pursuing a brain injury claim, your attorney may decide to bring in medical experts not only to help show that you suffered a serious injury following the accident but also to establish the extent of the complications caused by the accident, how long the difficulties will last, and how these complications may affect your future quality of life.

These experts can show the total losses that this injury will result in and the potential future issues that may arise. This can help your legal team figure out how much financial damages they should pursue on your behalf and help you fight for maximum compensation.

Can You Afford to Work With a Brain Injury Attorney?

Most brain injury lawyers work on a contingency fee basis. This means that if you hire these attorneys, you will not have to pay them any money upfront, and they will only be paid if they settle or win your case. If they win your case, these attorneys will keep a portion of your settlement based on an agreed-upon percentage. If you lose your case, these attorneys will not collect any money for the work done.

However, to better understand contingency fees and what they can mean for you, contact an experienced brain injury accident attorney as soon as possible. During your initial free consultation, ask about their fee structure and what you can expect to pay for their services.

How Can Dolman Law Group Accident Injury Lawyers, PA, Help You Following a Traumatic Brain Injury Accident?

If you sustained a brain injury in an accident due to another person's wrongful, reckless, or intentional actions, you may be able to pursue compensation for the losses you endured. However, going after this financial recovery while dealing with these injuries is probably the last thing you want to worry about.

Fortunately, when you retain the legal services of Dolman Law Group Accident Injury Lawyers, PA, our experienced brain injury attorneys can:

  • Review what happened, determine your legal options, and help you take on this complicated case.
  • Investigate the incident and secure the evidence necessary to show liability and the extent of your damages.
  • Review your questions, provide you with the clarification you need, and offer you the legal support you require during this challenging time.
  • Hire experts to validate your case, including medical experts, accident reconstructionists, and financial experts.
  • Deal with the other parties, including the insurance company, and fight for the fair settlement offer you deserve.
  • Head to trial if the other side refuses to work with you and fight vigorously for the successful resolution of your case.

For further information regarding your brain injury accident case or additional insight about how our legal team can help you, contact a traumatic brain injury lawyer at Dolman Law Group today for a free case evaluation. With offices across both Florida coasts, you can easily reach our legal team at 833-552-7274 or fill out our handy contact form.

Contact a Skilled Traumatic Brain Injury Lawyer at Dolman Law Group Today

Traumatic brain injuries can be life-altering events. At Dolman Law Group, we understand that financial instability, stress, and physical recovery can discourage accident victims from seeking legal representation. We want to assure you that our traumatic brain injury attorneys are here for you, and you won't owe us anything unless we successfully resolve your traumatic brain injury claim.

Dolman Law Group has the knowledge and resources to hold negligent parties and their powerful insurance companies accountable for your damages. Our team is not afraid to take your claim to trial if we can't reach an agreement with the insurance company. You won't be pressured to settle for less than your damages are worth.

If you believe that your traumatic brain injury was caused by the negligence of another party, we encourage you to contact our personal injury lawyers as soon as possible so we can review your case. You can call us at 833-552-7274 or reach out to us online. Our team of brain injury lawyers is prepared to advocate on your behalf so you can focus on healing.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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