Portland Brain Injury Attorney

Suffering a brain injury can change a life in an instant. Whether caused by a road accident, impact accident, or slip and fall accident, traumatic brain injuries (TBI) often result in never-ending medical bills, lost wages, and long-term challenges that affect victims and their families.

At Siefman Law LLC, we understand a brain injury’s devastating impact. We know that while you focus on healing, the last thing you need is to deal with the legal system alone. Our goal is to get the maximum compensation for your case. Reach out for a free consultation today.

Compensation Available for Traumatic Brain Injury Victims

When a traumatic brain injury is a result of another person’s negligence, victims may be entitled to compensation. Damage can cover various expenses and losses acquired as a result of the injury:

Medical Expenses: This covers costs for the treatment and rehab following a serious brain injury, including hospital bills, medication, therapy, and other necessary medical procedures, including future medical care.

Lost Wages: This compensates for the income the victim lost due to their inability to work or reduced capacity to work as a result of the injury. It also covers future income loss if the victim cannot return to work or has to switch jobs.

Pain and Suffering: This compensates for the physical pain and mental distress experienced by the brain injury victim. It includes physical discomfort, mental anguish, anxiety, and reduced quality of life.

Chronic Pain: Chronic pain can linger long after an injury has healed. This pain can reduce a victim’s quality of life, making it difficult to work or even perform simple tasks.

Wrongful Death: In tragic cases where a TBI leads to death, family members may pursue a wrongful death claim. This type of claim compensates for losing a loved one’s companionship and financial support. It might also cover funeral and burial costs and medical expenses incurred before the victim’s passing.

Filing a brain injury accident claim involves determining all related expenses from the accident. Our lead Portland brain injury lawyer, Jeff Siefman, can assist you in filing against insurance companies and represent you in court.

Statute of Limitations

In Oregon, a brain injury case should be filed up to two years after the accident. This means a person injured has two years to file a lawsuit. Establishing liability in a brain injury case can be tough, so it’s crucial to consult a professional brain injury attorney as soon as possible after the accident to ensure all deadlines are met.

Proving Negligence in Traumatic Brain Injury Cases

Successfully recovering compensation in a brain injury case requires proving that another party’s negligence caused your injury. In Oregon, personal injury cases involve establishing four key legal elements:

Duty of Care: We must show that the defendant owed you a legal duty to act reasonably. For example, all drivers have a duty to operate their vehicles safely, property owners have a duty to maintain safe premises, and manufacturers have a duty to produce safe products.

Breach of Duty: We must demonstrate that the defendant breached this duty through action or inaction. This might involve showing that a driver was speeding, a property owner failed to fix a known hazard, or a company ignored safety protocols.

Causation: We must prove that the defendant’s breach directly caused your brain injury. This requires establishing a clear link between their negligent action and your injury, showing that your injury wouldn’t have occurred without their negligence.

Damages: Finally, we must document the actual damages you suffered as a result of your brain injury, including medical expenses, lost wages, pain and suffering, and future care needs.

Symptoms and Diagnosis of Brain Injuries

The symptoms of a brain injury can change a lot based on the damage caused. Diagnosing a brain injury can be complex and often involves a variety of tests. Imaging tests like CT or MRI scans are commonly used to detect brain damage.

Moderate and Severe Traumatic Brain Injuries

Moderate and severe traumatic brain injuries can manifest various symptoms, some of which may not be immediately evident. Common signs of brain injuries are dizziness, headaches, memory loss, and changes in mood or behavior. Victims of severe brain trauma often present slurred speech, difficulty walking, or convulsions.

Cognitive symptoms associated with a traumatic brain injury may include difficulty concentrating and impaired functioning. Other symptoms may involve irritability, depression, social withdrawal, personality changes, and difficulty processing emotions.

Physical symptoms can go from loss of consciousness and headaches to changes in sleep patterns, sensitivity to light, and blurred vision.

Common Causes of Brain Injuries

Traumatic brain injuries are complex and life-altering events that can leave victims and their families facing a daunting path to recovery. Here are some of the most common causes of serious TBIs:

• Car accidents are a leading cause of catastrophic injuries, often resulting from high-speed collisions or rollovers. These types of crashes often lead to serious injuries, including lifelong cognitive impairment. In high-speed collisions, the brain can collide with the head, causing swelling or bleeding in the brain.
• Truck accidents can cause severe brain injuries due to the size of the vehicles involved. The types of traumatic brain injuries range from mild to severe. Speed plays a significant role in the severity of injuries in truck accidents, as higher speeds increase the impact, resulting in more severe brain injuries.
• Pedestrian accidents frequently lead to traumatic brain injuries, especially when pedestrians are struck by vehicles traveling at high speeds. Brain injuries from pedestrian accidents can go from mild concussions to much more severe injuries that can result in permanent brain damage, mobility problems, coma, and even death.
• Slip and fall accidents are common, often overlooked, accidents caused by hazardous conditions that go unnoticed or unaddressed, such as wet floors, uneven surfaces, poor lighting, or cluttered walkways. When a person slips or trips and falls, the impact can cause a jarring motion of the head, leading to a traumatic brain injury.

Types of Traumatic Brain Injury

The type of traumatic brain injury determines the road to recovery for victims and their families. Brain injuries are categorized as acquired brain injury and traumatic brain injury.

Acquired Brain Injuries

The primary causes of acquired brain injuries include trauma, strokes, oxygen deprivation, and brain infections. In the context of swimming pool accidents, for example, brain injury occurs due to a lack of oxygen (hypoxia) or a total absence of oxygen (anoxia) in the brain. When the brain is deprived of oxygen for a long period, cells begin to die, which can result in irreversible brain damage.

Traumatic Brain Injuries

A traumatic brain injury (TBI) is caused by a blow to the head, resulting in temporary or permanent brain damage. Most traumatic brain injuries occur due to falls and vehicle collisions.

The potential symptoms of a traumatic brain injury include hormonal changes, nervous system dysfunction, depression, mood swings, lack of empathy, insomnia, sensory problems, physical or mental disability, extended periods of unconsciousness or amnesia, and severe headaches.

Diffuse Axonal Injury

Diffuse axonal brain injuries involve widespread damage to the brain’s nerves, causing the brain to shift or rotate inside the skull. Indications of diffuse axonal brain injuries may manifest as disorientation, impaired equilibrium, exhaustion, and nausea. Victims may also experience coma and paralysis.

Penetrating Head Injuries

These brain injuries occur when an object, such as shell fragments or car accident debris, pierces the skull and damages the brain, leading to severe complications.

Second Impact Syndrome and Repeat Injuries

Second Impact Syndrome (SIS) is a rare but dangerous condition that occurs when a person suffers a second brain injury before fully recovering from an initial concussion or traumatic brain injury. This condition is particularly concerning because even a relatively mild second impact can lead to rapid and severe brain swelling, often with catastrophic or fatal consequences.

When the brain is injured, it enters a vulnerable state where its ability to regulate blood flow and manage swelling is compromised. If a second injury occurs during this vulnerable period, the brain may lose its ability to control these functions.

Contact Us for a Free Consultation

In Oregon, personal injury lawsuits can be a nightmare for victims of brain injuries. Our Portland personal injury attorneys know the statutes and insurance companies’ policies, including the deadlines for filing brain injury claims. We build compelling cases for our clients, ensuring that all aspects of your injury and its impacts are fully represented.

Finding the best Portland brain injury lawyers is always a challenge, but we have a successful track record representing brain injury survivors in personal injury claims.

Our traumatic brain injury lawyer, Jeff Siefman, is experienced in lawsuits concerning injuries caused by others’ negligence, Jeff fights tooth and nail so that clients can recover financial compensation and regain a sense of normalcy.

We work on a fee contingency basis, so you only pay us if we win your case. You can schedule a free initial consultation so we can discuss your accident, injuries, and possible alternatives moving forward.

Frequently Asked Questions

What is a TBI?

Traumatic brain injuries (TBIs) happen when the brain suffers damage caused by an impact on the head. TBIs can range from mild to severe, really affecting a person’s quality of life. Many traumatic brain injuries occur in motor vehicle accidents, where the force of impact can cause the brain to collide with the skull. Early diagnosis and treatment can make a world of difference in the recovery from TBIs.

What kind of damages can I recover in a brain injury case?

You can recover for medical bills, lost wages, pain and suffering, and long-term care costs. In cases of permanent disability, you can also sue for loss of future earning capacity and quality of life. A Portland traumatic brain injury attorney can help you seek compensation for your injuries.

How long do I have to file a brain injury claim in Portland?

In Oregon, the statute of limitations for personal injury claims is 2 years from the date of injury. But it’s best to hire a Portland brain injury lawyer as soon as possible to protect your rights.

How is a brain injury diagnosed?

Diagnosis of a brain injury involves neurological examination of cognitive functions, reflexes, motor skills, and sensory responses. Imaging tests such as CT scans or MRIs are commonly used to detect bleeding, swelling, bruising, or other brain damage. Early diagnosis is crucial for effective treatment and can also provide essential documentation for legal claims related to the injury.

My symptoms showed long after the accident. Can I still file a claim?

Yes, it’s not uncommon for brain injury symptoms to show up or get worse over time. But get medical attention as soon as you notice symptoms and consult an attorney to make sure you don’t miss any deadlines.

What are the signs and symptoms of a traumatic brain injury (TBI)?

The signs and symptoms of a traumatic brain injury (TBI) include headache, dizziness, confusion or memory problems, sensitivity to light or sound, nausea or vomiting, mood or personality changes, and sometimes loss of consciousness. Mild TBIs may have subtle symptoms that appear hours or days later.

Can you have a brain injury without hitting your head?

Yes, you can have a brain injury without actually hitting your head. Rapid acceleration or deceleration, such as in whiplash injuries, can cause the brain to move inside the skull, leading to brain injury even without a direct impact. This type of injury occurs because the brain is jolted or shaken within the skull, which can cause damage.

How long does a brain injury take to recover?

The recovery time for a brain injury varies depending on the type and severity of the injury. Mild traumatic brain injuries often see improvement within a few weeks to a few months with proper medical care and rest. However, moderate to severe brain injuries can require months or even years of rehabilitation, including physical therapy, cognitive therapy, and other specialized treatments. Some individuals may be permanently affected by such injuries. If your injury was caused by someone else’s negligence, it’s advisable to seek a Portland brain injury attorney to evaluate your case.