Baraboo Brain Injury Lawyer

Why Choose Pemberton Personal Injury Law Firm?

If you suffered a TBI, promptly seek medical attention for diagnosis and injury documentation. Then get in touch with a personal injury attorney with experience in TBI cases.

Our team of Baraboo personal injury lawyers will meticulously prepare your case by gathering evidence, contacting all treating physicians, and obtaining all necessary medical records to ensure a comprehensive understanding of the injury.

What Is A TBI?

A concussion and a traumatic brain injury (TBI) are related but distinct terms, and the main differences between them are in their severity and diagnostic criteria.

A concussion is characterized by a temporary disturbance in brain function due to a blow or jolt to the head or body. Doctors base a concussion diagnosis on a clinical evaluation of headaches, confusion, dizziness, and memory problems.

Traumatic brain injury encompasses a broader spectrum of head injuries. Diagnosing a TBI involves considering a range of criteria, including the Glasgow Coma Scale (GCS) score, loss of consciousness duration, and post-traumatic amnesia duration.

The duration of symptoms in TBIs can vary significantly.

According to the U.S. Centers for Disease Control and Prevention (CDC), TBI affects about 1.7 million Americans each year. The CDC attributes 53,000 deaths, 235,000 trips to the hospital, and 1.1 million trips to the ER each year to TBI.

Traumatic brain injuries are separate from non-traumatic brain injuries (nTBI), which internal factors, such as lack of oxygen, exposure to toxins, pressure from a tumor, stroke, near drowning, or an infectious disease, cause.

Wisconsin TBI Statistics

According to the Wisconsin Department of Health Services, nearly 1,500 deaths involved TBIs in one recent year. Almost 9,800 nonfatal emergency department visits and 4,200 hospitalizations involved TBIs.

Falls caused the most nonfatal TBI hospitalizations (62 percent) and accounted for 46 percent of TBI-related emergency department visits and 41 percent of deaths.

Adolescents aged 15 to 19 had the highest rate of emergency department visits (335 per 100,000) with TBI. People 85 and older had the highest rates of nonfatal hospitalizations with TBI (517 per 100,000).

These hospitalizations indicate greater severity of injury, especially among older adults.

How Can A Lawyer Establish Liability For a Brain Injury?

A lawyer can establish liability for a traumatic brain injury by undertaking several important steps and actions:

• Investigation: Lawyers will thoroughly investigate the circumstances surrounding the TBI. This may involve gathering evidence, interviewing witnesses, and reviewing medical records to understand how the injury occurred.
• Determining negligence: To establish liability, a lawyer needs to show that another party caused the TBI. Lawyers will assess whether the responsible party, such as a driver in a car accident or a property owner in a slip and fall case, failed in their duty of care.
• Consulting experts: Attorneys may work with medical experts who can provide opinions on the cause and severity of the TBI. These experts can establish a clear link between the injury and the actions or negligence of the responsible party.
• Gathering evidence: Lawyers will collect relevant evidence, which can include photographs, video footage, accident reports, and any available surveillance or witness accounts. This evidence can build a strong case.
• Establishing causation: Lawyers must demonstrate that the negligent actions of the responsible party directly caused the TBI. This requires a clear and convincing connection between the negligence and the injury.
• Assessing damages: Attorneys will also help assess the full extent of damages suffered due to the TBI. This can include medical expenses, lost wages, pain and suffering, and future medical needs. You must accurately quantify these damages to seek appropriate compensation.
• Negotiation: Lawyers will often engage in negotiations with the responsible party’s insurance company or legal representatives to reach a settlement that fairly compensates the TBI victim. This may involve skillful negotiation and advocacy to protect the victim’s rights.
• Litigation: If the insurance company refuses a fair settlement, your attorneys may file a lawsuit and represent their clients in court. They can present the evidence, expert testimony, and legal arguments necessary to prove liability and secure compensation through a trial.

Throughout the legal process, your lawyer will advocate for their client’s best interests, protecting their rights and providing the best chance of receiving compensation for their injuries.

Lawyers understand the legal procedures and timelines required for TBI claims. They file all necessary paperwork correctly and meet all deadlines. Their legal knowledge, investigative skills, and advocacy can help them navigate the complex legal process and achieve a favorable outcome for their clients.

What Is The Statute Of Limitations For Brain Injury Claims In Wisconsin?

In Wisconsin, the statute of limitations for traumatic brain injury (TBI) claims, like other personal injury claims in Wisconsin, gives you three years from the injury to file a lawsuit.

Statutes of limitations provide a clear and defined timeframe to initiate legal actions. After the statute of limitations expires, you cannot pursue the legal claim in court.

Consult an experienced brain injury attorney in Wisconsin to get precise information about the statute of limitations for your specific case. Exceptions or factors that could affect the time limit for filing a TBI claim. Gathering evidence and building a strong case also can take time, so never delay seeking legal counsel if you believe you have a TBI claim.

An experienced Baraboo brain injury lawyer can identify who is liable for your TBI, negotiate on your behalf with insurance companies, and file a claim to secure the compensation you deserve.

Connect With Our Legal Team

Did you suffer injuries resulting in a TBI in Baraboo?

You don’t have to navigate the legal complexities alone.

The experienced Baraboo TBI attorneys from Pemberton Personal Injury Law Firm are here to assess your case and advocate for your rights. Our firm has the experience and knowledge to help you get the compensation you deserve. We make it our priority to get to know our clients and their cases so we can best represent you.

While we have offices in Baraboo and Madison, we represent clients throughout Wisconsin. We are also available by Zoom video conferencing.

Arrange a free consultation with one of our Baraboo TBI lawyers by calling (608) 448-6242 or filling out our online contact form. Contact us today and let us help you get started on the road to recovery.