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Omaha Brain Injury Attorney


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Traumatic brain injuries (TBIs) are among the most devastating injuries someone can sustain, often impacting the rest of that person's life. The consequences of this brain damage can include short-term or long-term memory loss, sensory loss, physical impairments, permanent changes in lifestyle, or death.

A TBI, no matter how minor, almost always results in some lasting effects and will take time and effort to overcome. For a victim, this may mean not only pain and suffering, but changes in personality, abilities, and future achievements and employment. A small insurance settlement won't begin to cover the expenses and realities of life after a brain injury. That's why you need an experienced Omaha personal injury lawyer to represent you and fight for your rights.

After any brain injury, call the legal team at Bottlinger Law L.L.C. Tell us what happened, and we can talk about your legal options going forward.

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How to Recover 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

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Why You Need an Experienced Brain Injury Attorney

In these cases, it’s essential to have an attorney who understands how to explain the medical complexities associated with a TBI to a jury. Insurance companies are notoriously stingy and unforgiving, but we will fight for you and build a winning case to help you get you the compensation you deserve.

We have the experience and knowledge to navigate through this difficult intersection of legal and medical expertise. Over time, we have developed professional relationships with leading medical practitioners who specialize in traumatic brain injuries. We know the best cognitive therapists and forensic psychologists to consult about your case, and we understand their language.

At Bottlinger Law L.L.C., we will fight the insurance company every step of the way to get you the settlement you deserve. We are not afraid to go to court if that’s what it takes to ensure your future financial stability. We also know how to break down the intricacies of TBI issues for a jury, making it plain to see why the victim must receive extensive care and why they require just compensation for what they have been through.

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What Are Causes of 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.

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What Are Types of 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.

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What Are Consequences of a Traumatic Brain Injury?

Traumatic brain injuries can have serious consequences that greatly impact the rest of a person's life, or end it altogether. Even minor brain damage can result in loss of memory (short-term or long-term), or sensory loss (vision or hearing impairment). Brain damage can cause cognitive problems, including difficulty speaking or understanding what others say. It can alter the nervous system and your motor control over your body.

Some brain injuries can cause a sudden and serious change in someone's personality, which could manifest in violent outbursts and new likes or dislikes. All of these changes can result in costly medical bills - not just right after the injury, but also in ongoing treatment like physical therapy and counseling. Changes in lifestyle - for example, dealing with vision loss - can destroy relationships, including marriages. That’s not to mention the loss of earning potential and need for a different career, if you can work at all.

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Negligence and Liability After a Brain Injury

When a TBI is caused by someone else's negligence, it’s tragic.

Legally, someone who harms another person can be held liable for the damages he or she caused. The at-fault party would be responsible for immediate expenses - property damage and medical bills - as well as long-term costs: ongoing medical treatments, loss of wages and earning potential, and changes in lifestyle. It can be difficult to fully appreciate just how these costs will add up over the years, which is why you need a lawyer to consider the case from all angles and protect your future.

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After Any Serious Accident, Call Us

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) 807-0190. Put us to work protecting you and your family’s legal rights. We can help.

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Our legal team is ready to help. Please fill out the form below to set up a free consultation with attorney Jason Bottlinger.