Montgomery Traumatic Brain Injury Lawyer

Living with a traumatic brain injury (TBI) can be extremely challenging and life-altering for both the victim and their family. After a TBI, life as you knew it before the accident can change in an instant, leaving victims struggling with devastating effects and their loved ones suddenly thrust into caretaker roles.

Our Montgomery traumatic brain injury lawyer at The Law Office of Dwayne L. Brown helps victims of TBIs recover the compensation they are legally entitled to in Alabama. A catastrophic injury lawyer can fight for your rights if your life was forever changed by someone else’s carelessness. Call us today or contact us online to find out whether you have a valid TBI claim.

Traumatic Brain Injuries Can Have Lifelong Effects

Our Montgomery accident attorney has seen the devastating impact traumatic brain injuries can have on the lives of victims and their loved ones. When a TBI is caused by negligence, the damages in any resulting claim may be serious because TBIs can result in a lifetime of medical costs and caretaking expenses.

The victims of TBIs may suffer from symptoms like personality changes, chronic headaches, dizziness, nausea, or seizure disorders. They may have difficulties with memory, attention, concentration, speech/language, planning, reasoning, problem-solving, executive function, and processing speed. This can significantly impact school, work, and managing life skills.

The abrupt onset of disability, combined with losing the independence that was previously taken for granted, can be overwhelming. With advocacy and support, people living with TBI can still have fulfilling lives, but only if they can afford to get the medical care they need. This may be difficult if you are out of work from the accident. Compensation can cover your costs.

What Is the Average Settlement for a Traumatic Brain Injury Case?

There is no “average” settlement for a traumatic brain injury claim in Alabama. Each case is unique, and so is each settlement or court award. However, some general factors that can impact TBI settlement averages include:

• The severity of the TBI: Mild TBIs may receive smaller settlements, while moderate or severe TBIs require more extensive medical treatment and have higher long-term impacts, warranting larger payouts.
• The age of the victim: Younger victims have longer expected lifespans, so awards account for longer durations of required care and higher potential lost future wages.
• Insurance coverage limits: Awards are often capped by the at-fault party’s insurance policy limits, so cases with insufficient coverage may receive reduced settlements.
• The ability to prove negligence: Clear negligence and liability helps victims secure larger settlement offers from insurance companies. Complex cases can mean lower payouts.

To learn how much your TBI claim in Montgomery is worth, reach out to the legal team at the Law Office of Dwayne L. Brown to schedule your free consultation. We can examine your evidence and bills and give you an estimate of your claim’s value.

What Damages Can TBI Victims Recover in a Personal Injury Claim?

There are several types of damages that traumatic brain injury (TBI) victims can potentially recover through a personal injury claim, including:

• Medical expenses: Current and future costs of medical treatment, rehabilitation, assistive devices, home healthcare, etc. can be recovered. These damages are typically the largest component of a TBI settlement.
• Lost wages: If the injury resulted in missed work, TBI victims could be compensated for lost income either in the past or future if there is a permanent disability.
• Loss of future earning capacity: Even if you can work again, there may be long-term impacts on advancement or tenure that reduce future earning potential.
• Pain and suffering: Damages can be awarded to compensate for physical and emotional trauma, such as chronic headaches, cognitive impairment, personality changes, loss of enjoyment of life, etc.
• Punitive damages: In rare cases where negligence is extreme, additional punitive damages meant to punish the at-fault party can sometimes be recovered.

Working with a Montgomery attorney helps substantiate evidence of the damages that have resulted from your traumatic brain injury to insurance adjusters, like medical records, doctor testimony on prognosis, vocational assessments, etc. Quantifying non-economic damages like pain and suffering is challenging, but we know how to effectively present those losses.

How Shared Liability Affects TBI Claims

Alabama follows pure contributory negligence laws, which means if you are found to be even 1% liable for the accident that caused your traumatic brain injury, you will be barred from recovering compensation. One exception is child victims of TBIs, who cannot be legally considered capable of being negligent in an accident.

With the risk presented by pure contributory negligence laws, having a Montgomery lawyer prove the other party’s fault in the accident that caused your TBI is critical. When so much is at stake, it’s a good idea to have legal representation that can investigate the circumstances of your accident and prove that the other party is at fault and, therefore, is legally responsible for your compensation.

When Should You Hire a Traumatic Brain Injury Lawyer in Montgomery?

Hiring a traumatic brain injury (TBI) lawyer is advisable if you or a loved one suffered any level of head trauma in an accident caused by negligence—mild, moderate, or severe. Even mild TBI cases with subtle cognitive or emotional impacts can benefit from legal advocacy for several important reasons:

• Navigating insurance claims is complex, and TBI survivors need to focus energy on healing rather than battling with insurers looking to minimize payouts. An attorney handles claim negotiations on your behalf.
• Proving liability and damages often requires specialized legal and medical experts to demonstrate the degree of injury and impact on health, work capacity, and quality of life. Lawyers have the resources to build a strong, evidence-based case.
• There are short statutes of limitations in Alabama to file injury claims that can easily lapse during early recovery periods, where survivors may lack the capacity to pursue legal filings in time. Attorneys protect claim eligibility.
• Lawyers help coordinate comprehensive lifelong care plans to submit during settlement talks. Securing adequate compensation to fund long-term medical and assistive care costs is critical for the TBI survivor to avoid care gaps or financial crises down the road.

While no TBI lawyer can guarantee a particular settlement result, having counsel can take the pressure off you by making the Montgomery claims process easier. Protect your rights and focus energy directly on healing by hiring robust legal representation immediately after any accident that is caused by someone else’s negligence.