Omaha Brain Injury Attorney
Are You in Need of an Omaha Brain Injury Attorney?
If you or a loved one has suffered a brain injury due to someone else’s careless actions or failure to uphold their responsibility, you should speak with an Omaha Brain Injury Lawyer as soon as possible. Brain injuries are medically complex and legally challenging, often requiring in-depth investigation, expert medical testimony, and a thorough understanding of long-term damages.
You may benefit from speaking with a brain injury attorney if:
- You or a loved one has suffered a concussion, skull fracture, or any traumatic brain injury.
- The injury occurred in an accident caused by someone else (e.g., a car crash, fall, or assault).
- The person affected is showing signs of long-term cognitive, behavioral, or physical effects.
- An insurance company is pressuring you to settle quickly or denying your claim.
- You’re overwhelmed by medical bills and unsure of your rights.
Brain injuries can have delayed symptoms. What appears to be a minor concussion may develop into chronic migraines, memory issues, or mood disorders. If you're unsure whether your injury qualifies, it's still worth seeking a free consultation to explore your legal options.
Why Choose Us Over Other Brain Injury Attorneys?
At Bottlinger Law L.L.C., we focus on the people behind the cases. We don’t just process claims; we advocate for individuals and families who need a steady hand and a trusted legal voice during one of the hardest times in their lives.
Accolades That Set Us Apart:
- Free consultation
- Founded in 2013 with attorney Jason Bottlinger practicing law since 2006
- Licensed in Nebraska, Iowa, and Texas
- Named to Expertise.com’s Best Personal Injury Attorneys in Omaha
- Member of the Multi-Million Dollar Advocates Forum
- Selected as a Top 100 Trial Lawyer by The National Trial Lawyers
- Maintains an A+ Rating from the Better Business Bureau
Get the Support You Need After a Brain Injury
Bottlinger Law, L.L.C. is here to help you pursue justice and financial recovery. Call (402) 505-8234 to learn more today.
Do You Have a Legitimate Omaha Brain Injury Case?
Brain injury claims are not always obvious. A legitimate case typically involves a combination of factors, including:
Negligence or Wrongdoing
You must show that another party acted carelessly or failed to meet their legal obligation. Examples include:
- A distracted driver who caused a car crash
- A property owner who failed to fix a dangerous hazard
- A product manufacturer who released a defective helmet or safety device
- A medical provider who caused injury through a preventable error
Causation
You’ll need evidence that links the negligent action directly to your brain injury. Medical records, imaging, and expert testimony are often necessary to establish this connection.
Damages
Your case must include measurable losses, such as medical bills, lost income, or diminished quality of life. Even emotional trauma and pain may count toward your damages.
If you're unsure who was at fault or whether your injury requires the services of a brain injury attorney, Bottlinger Law, L.L.C. can review your case and give you a clearer picture of your legal standing.
Recovering Compensation for a Brain Injury
A brain injury is very complex, and every TBI is unique. That’s why it’s essential to work with experienced neurologists, neurophysiologists, and other specialists to get the right diagnosis and the best possible care. Nebraska law states that TBI victims are entitled to seek fair compensation for monetary damages and intangible loss. In practice, that means establishing the total cost of the injury over time in addition to how much it will impact the victim’s quality of life.
Victims of TBI frequently suffer significant long-term physical and emotional effects from their accident in addition to astronomically high medical bills. Factors contributing to the expense of TBI cases include:
- Medical Bills
- Mental Anguish
- Physical Therapy
- Pain and Suffering
- Emergency Medical Expenses
- Reduction in Current and Future Wages
- Permanent Disability or Impairment
- Wrongful Death Damages
- Psychological Counseling
- Reduced Quality of Life
Accidents That Cause Traumatic Brain Injuries
Most brain injuries are caused by some sort of shock to the head that impacts the brain. This could be a direct strike to the head or an incident in which an object penetrates the skull. Either an act of violence or an unfortunate collision can leave a person with a TBI.
A blast or explosive concussion can cause widespread damage to the head. That’s why combat veterans frequently suffer from TBI. Severe rotational forces, such as intense spinning, can tear the brain’s cellular structures. Any object that penetrates the skull may cause direct tissue damage, internal bleeding, swelling, and potentially, infection. This includes gunshot wounds.
Common causes of TBI include:
- Falling Down: According to the CDC, falls are responsible for 47 percent of reported TBI cases, most commonly occurring in children and adults over 65. You can even suffer a brain injury when falling from your bed or in the shower.
- Motor Vehicle Collisions: Automobile, truck, tractor, and motorcycle accidents account for 14 percent of TBI cases. Motorists, passengers, and pedestrians are particularly vulnerable between the ages of 15 and 19.
- Physical Attacks: Being struck with a weapon is a frequent cause of TBI.
- Sports Injuries: Among children and adolescents, sports and recreation activities are responsible for 21 percent of all TBI. It is crucial to seek immediate medical attention for any head trauma that occurs during sporting activities. Scientists are just beginning to understand the long-term significance of recurring minor impacts, and this is an area that requires much more research.
Protect Your Future After a Serious Brain Injury
Our legal team works with medical and legal experts to build strong cases for victims and their families.
Contact Bottlinger Law, L.L.C. at (402) 505-8234 for a free consultation.
Types of Traumatic Brain Injuries (TBIs)
Traumatic brain injuries include a group of different problems inflicted on the brain, such as:
- Concussion: Considered the mildest form of traumatic brain injury, concussions involve a temporary loss of brain function, usually due to the brain hitting the interior of the skull and suffering short-term chemical changes. They are common in compact sports, such as football and soccer. Repeated concussions, or receiving a subsequent concussion within a short amount of time, creates a great deal of danger of long-term brain damage.
- Cerebral contusion: A “contusion” is a bruise, and a cerebral contusion is a bruise in the brain tissue. It is localized, meaning it occurs in a small, specific area, and may vary in severity. If there is bleeding associated with the bruise, you may develop a blood clot in your brain, putting you at risk of a cardiovascular or pulmonary embolism.
- Hematoma: A “hematoma” is a localized rupture of blood vessels, usually with associated swelling. A blow or jolt to the brain can cause an intracranial or subdural hematoma, depending on which layer the bleeding occurs in. If the hematoma is swelling and squeezing the brain within the skull, immediate surgery is needed to save the victim’s life.
- Diffuse axonal injury (DAI): Your axons are the nerve cells carrying messages in your brain. When the head undergoes a “shearing” or violent side-to-side, up-and-down motion, these cells can be torn apart. Some DAI is possible in a concussion, and it is the cause of the trauma in shaken baby syndrome.
- Coup-contrecoup injury: When your brain bounces inside the skull, hitting one side of the bone and then the opposite side, and suffering injuries to both sides, it is known as a “coup-contrecoup” injury.
- Open head injury: When your skull is cracked, or an object actually penetrates into your brain (such as a bullet or metal bar or wood splinters), it is known as an “open” or penetrating head injury. These wounds are usually obvious, and need to be treated right away.
- Anoxic brain injury: Any chemical process that deprives the brain of oxygen, such as inhaling carbon monoxide from a faulty space heater, can cause anoxic injury. Without oxygen, brain cells begin to die off, and if enough cells die, then widespread brain damage or brain death can occur.
- Coma: There are several forms of coma, and when a traumatic brain injury causes swelling or bleeding that is not remedied immediately, the victim can lapse into a coma, where certain brain functions cease altogether, and the victim cannot be awakened by stimuli. This condition may be temporary or permanent; and if the victim awakes, they may have lifelong brain damage, or they may not. There are many factors in these cases, and many of them are not yet well understood by medical science.
What’s the Legal Process for a Brain Injury Case in Omaha?
Bottlinger Law L.L.C. works to make the legal process as straightforward as possible for our clients.
Free Consultation
We’ll meet with you by phone, in person, or virtually to learn the facts of your case, answer your questions, and help you understand your legal rights.
Investigation and Documentation
We’ll collect medical records, accident reports, witness statements, and any available video or photo evidence. If necessary, we work with medical experts and life-care planners to evaluate your long-term prognosis.
Demand Letter and Negotiations
Once your damages are fully documented, we send a demand letter and begin negotiating with the responsible party’s insurer. Many cases are resolved during this stage.
Litigation
If the insurance company refuses to make a fair settlement offer, we prepare your case for court. Our firm has the resources and experience to take your case to trial when necessary.
Proving Liability
Brain injuries are among the most devastating outcomes of an accident, often leaving victims with long-term medical needs and significant changes to their daily lives. Proving liability in these cases is critical because the costs of treatment, rehabilitation, and lost income can be overwhelming.
At Bottlinger Law, L.L.C., we understand how to investigate the circumstances surrounding a brain injury and build a strong case that demonstrates who is responsible and why they should be held accountable.
Establishing liability often requires a combination of legal strategy and expert support. Our firm works closely with medical professionals, accident reconstruction specialists, and financial experts to connect the injury directly to the negligent actions of another party.
Whether the brain injury resulted from a car crash, a fall, or another preventable incident, showing that the harm was caused by carelessness or misconduct is essential to achieving fair compensation. Some of the key elements in proving liability include:
- Identifying the negligent party (driver, property owner, employer, or manufacturer)
- Demonstrating that they had a duty of care toward the victim
- Proving that the duty of care was breached through negligent actions or inaction
- Showing a direct connection between the breach and the brain injury sustained
- Documenting the damages, including medical expenses, loss of income, and long-term care needs
What Is the Statute of Limitations in Nebraska?
In most brain injury cases, Nebraska law gives you four years from the date of the injury to file a personal injury lawsuit (Neb. Rev. Stat. § 25-207). However, there are important exceptions:
- If the injury involves a government entity, you may only have one year to file a formal claim.
- If the injured person is a minor, the clock may not start until their 19th birthday.
- In medical malpractice cases, the statute of limitations may differ based on when the injury was discovered.
The longer you wait, the harder it may be to preserve critical evidence and witness testimony. That’s why we recommend speaking with an Omaha personal injury lawyer as soon as possible, even if you’re still recovering or unsure of your next steps.
What Clients Are Saying About Us
Very competent and professional - Larry Wilson (5-Star Google Review)
While any litigation can be tiresome and stressful, Jason Bottlinger made the process clear and successful. He is very competent and professional, and we were kept apprised of our case. With luck, we will never need this kind of representation again, but we trust him to handle any legal issue we may have in the future.
A very positive experience - Doug Trull (5-Star Google Review)
Can’t recommend enough. Jason and his staff were professional, pleasant, and explained the whole trust/will process thoroughly and in terms I could understand. Just a very positive experience with something I was admittedly far from excited to do.
Other Locations We Serve in Nebraska
After Any Serious Accident Give Us a Call
If you or a loved one has suffered a traumatic brain injury, just know that you are not alone. Call the Omaha injury legal team at Bottlinger Law L.L.C. at (402) 505-8234.
Put us to work protecting you and your family’s legal rights. We can help.
Brain Accident FAQs
What is considered a traumatic brain injury (TBI)?
A traumatic brain injury (TBI) occurs when an external force causes damage to the brain. This can result from a blow to the head, a violent jolt, or penetration of the skull. TBIs range from mild concussions to severe injuries that result in long-term cognitive or physical impairments.
What are common signs and symptoms of a brain injury?
Symptoms can vary but often include:
- Headaches
- Dizziness or loss of balance
- Confusion or disorientation
- Memory loss
- Changes in mood or behavior
- Sensitivity to light or noise
- Nausea or vomiting
- In more serious cases, individuals may lose consciousness, experience seizures, or require long-term care.
Can I file a claim on behalf of a loved one with a brain injury?
Yes. If your loved one is unable to make legal decisions due to their injury, you may be able to file a claim on their behalf as a legal guardian or representative. Our firm can help you understand what steps are necessary to move forward.
How are brain injury cases different from other personal injury claims?
Brain injuries often involve long-term or permanent effects that require specialized medical treatment and ongoing support. These cases typically require expert witnesses and detailed life-care planning to fully assess damages.
What if the symptoms didn’t appear right away?
That’s very common. Brain injuries can have delayed symptoms, sometimes appearing days or weeks after the accident. Even if you didn’t seek medical attention immediately, you may still have a valid claim. Contact a lawyer as soon as you notice changes in health or behavior.
Will my case have to go to trial?
Many brain injury claims are resolved through settlement. However, if the insurance company doesn’t offer fair compensation, we are fully prepared to take your case to trial. At Bottlinger Law L.L.C., we prepare every case with the assumption it may go to court.
How much does it cost to hire Bottlinger Law L.L.C.?
There is no upfront cost to work with us. We operate on a contingency fee basis, meaning you only pay if we recover compensation for you. We also offer free consultations to help you understand your options with no obligation.
Meet Our Omaha Brain Injury Attorney
Jason B. Bottlinger
Jason Bottlinger is the founder and lead attorney of Bottlinger Law L.L.C., proudly serving clients throughout Omaha and the surrounding region. Since becoming licensed to practice law in Nebraska (Nebraska Bar #68114) in 2006, Jason has built a reputation for providing compassionate, detail-oriented legal representation in personal injury, medical malpractice, and professional litigation cases. He is also licensed to practice in Iowa and Texas.
Additional Information
- The Hidden Cost: Brain Injuries from Motorcycle Accidents in Omaha
- How Severe Is Your TBI?
- Brain Injury Association of America (BIAA)
- Traumatic Brain Injury Information Page - NIH
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Our firm has a perfect A+ from the Better Business Bureau of Nebraska, which grades based on 13 different factors.
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