Portland Brain Injury Attorney
A brain injury not only changes a victim’s life but the lives of their family as well. The recovery process is a long, difficult road, and is also very expensive. Portland brain injury victims may need to undergo many surgeries, extensive therapy, or require constant care.
When someone else’s wrongful actions result in another person suffering a serious brain injury, a brain injury victim has the right to seek the money they need from those responsible to care for themselves and their family after a brain injury accident – which is why it is sometimes necessary to hire a Portland brain injury attorney to help you through the personal injury process.
Why Choose A Portland Brain Injury Attorney From DuBois Law Group?
- Our Portland brain lawyers are dedicated to achieving maximum compensation for our clients and will explore every possible avenue to recovery on your behalf. We have secured millions of dollars in settlements and jury verdicts.
- Navigating the personal injury litigation process can be challenging after a recent brain injury. Our firm will handle all aspects of your case on your behalf, from negotiating with insurance companies to calculating damages.
- Our firm takes a proactive role in our clients’ health through our medical department. We can help you receive the treatment you need for your brain injury and recommend specialists who can provide care for your unique needs.
At DuBois Law Group, our hearts go out to anyone who has been injured because of another’s carelessness. We can help you during this difficult time in your life. Call us at 503-486-3697 for a free consultation.
A brain injury is often catastrophic, and victims can sometimes never fully recover. Unlike most tissues in the body, the brain isn’t able to regenerate its cells. Once brain cells are damaged or the connections between them are broken, the functions they perform are lost, unless the brain learns to perform them in a new way. Oregon brain injury victims usually have permanent problems because of the injury, including difficulty with their senses, movement, emotions, and/or cognitive abilities. Sometimes a person who suffers a brain injury can even experience a severe personality change that may be permanent.
What Are The Most Common Types of Brain Injuries?
A brain injury is often caused by a jolt, blow, or bump to a person’s head, or a penetrating head injury that upsets a brain’s normal functioning. A brain injury caused in this way is referred to as a traumatic brain injury or TBI. The seriousness of a brain injury can range from “mild,” which is defined as a short change in a person’s mental state or consciousness; to “severe,” which is defined as a long period of unconsciousness or amnesia after an injury.
According to the Centers for Disease Control and Prevention, about 1.7 million people suffer a brain injury every year. Of that number, approximately 52,000 die, 275,000 require hospitalization, and 1.36 million receive treatment and are released from the emergency room. The CDC reports that TBIs are a contributing factor in about one-third (30.5 percent) of all injury-related fatalities in the U.S. However, almost 75 percent of the TBIs that occur every year are concussions or another form of a mild brain injury.
Falls are the leading cause of TBIs and account for about 35 percent of total brain injuries every year. Car accidents account for 17 percent of total brain injuries but result in the biggest percentage of fatalities that are TBI-related at 31 percent. People struck by or against an object account for 16 percent of the total, and assaults account for 10 percent. (Twenty-one percent is unknown.) Read more about Brain Injury Statistics.
If you received head trauma due to a vehicle accident, please reach out to our skilled Portland car accident lawyers today.
There are many kinds of brain injuries, and some common examples include:
- Concussion. This type of brain injury results from a direct blow to a person’s head, by violent shaking of their head, or through whiplash or a similar injury. A concussion can also include bleeding of the brain, skull fractures, or brain swelling.
- Contusion. A contusion is caused by a direct impact to a person’s head and is a bruise to the brain that bleeds. Often, large contusions will need to be removed surgically.
- Coup-contrecoup injury. This kind of injury results from a blow to a person’s head that is strong enough to cause a contusion at the impact site and also moves the brain while causing it to slam against the opposite side of the skull, which results in a second contusion.
- Diffuse axonal injury (DAI). This type of brain injury is the result of the strong rotation or shaking of a person’s head, which causes the brain to trail behind the skull’s movements and results in tears to the brain structures. When this occurs, often brain chemicals are released, which leads to further damage. This is one of the more serious TBIs, with 90 percent of those with a DAI never regaining consciousness. Those who do are often severely impaired.
- Penetrating brain injury. These brain injuries are caused when an object forces bone, hair, skin, and fragments from the object into a person’s brain. This injury can cause the brain to ricochet within a person’s skull or result in the brain tissue stretching and/or rupturing. Penetrating brain injuries often result in death.
What Damages Are Available to Portland Brain Injury Victims?
Brain injuries often result in severe, long-term consequences. Depending on the severity of the injury, you may experience permanent cognitive disabilities and be unable to concentrate, retain memories, speak, or perform daily tasks without assistance. These injuries often require long-term care, extensive medical treatment, and participation in physical therapy and rehabilitation programs. The physical and emotional impact of a brain injury is often difficult as well.
Through a lawsuit with one of our Portland personal injury attorneys, you have the right to hold the person responsible for your injury accountable for these losses. You can recover compensation for your economic, or financial, damages, as well as the non-economic pain and suffering you sustained. Common compensatory damages available in Portland brain injury lawsuits include the following.
- Lost wages during your recovery period
- Loss of future earning capacity if your injury prevents you from returning to work
- Property damage that you sustained in your accident
- Past and future medical care, including surgeries, hospitalizations, prescription medications, and doctor’s visits
- Rehabilitation, physical therapy, and any other specialized programs you require to treat your condition
- Mobility equipment, live-in caregivers, home and vehicle modifications, and other disability accommodations you may require
- Physical pain and suffering, such as chronic pain, disability, and disfigurement
- Emotional pain and suffering, such as depression, anxiety, mental anguish, and loss of quality of life
In cases involving extreme negligence and egregious conduct, you may also qualify for punitive damages. Unlike compensatory damages, which reimburse you for your losses, punitive damages are intended to punish the at-fault party for especially reckless behavior. To identify the damages you may qualify for, speak to a lawyer at DuBois Law Group as soon as possible.
How Can You Prove an Oregon Brain Injury Lawsuit?
If you are injured due to someone else’s negligence, you could file a personal injury lawsuit against him or her to recover the compensation you deserve. However, you will need to provide enough evidence of the at-fault party’s negligence to secure damages in a brain injury claim. Specifically, you will need to prove four key elements to recover compensation.
- Duty: The at-fault party owed you a duty of care at the time of the accident. This duty will vary based on the circumstances surrounding your accident.
- Breach of duty: The at-fault party breached his or her duty of care through a negligent act or failure to act.
- Causation: The at-fault party’s breach of duty caused your accident and your resulting brain injury.
- Damages: You sustained damages in the accident that you can collect in your lawsuit.
For example, say that you sustain your brain injury in a car accident after a motorist collides into your vehicle after running a red light. In this case, the driver will owe you a duty to drive safely and follow all traffic rules, as all motorists are required to do. The driver breached his or her duty by running the red light. You can establish causation because the accident would not have occurred if the driver had followed traffic laws and stopped at the red light.
You can use many pieces of evidence to prove these elements, including surveillance footage, police reports, witness testimony, and medical records. Financial documents, such as bills, invoices, and paystubs, as well as journal entries, can help prove the nature and extent of your damages. All of this evidence will be valuable to your Portland brain injury lawyer.
Past Oregon Traumatic Brain Injury Accident Case Examples:
Traumatic Brain Injury Case Example #1: Fell Past “Wall” Onto Concrete
K.H. was injured while at a party. She fell two stories onto concrete because of negligent design, building, and maintenance, which caused her to lean against a “wall” that was actually a door to nothing. Sustaining permanent seizures, she needed cognitive therapy and physical therapy after her accident as well as time to heal from several broken back ones. As a student, K.H. was having a hard time returning to school and her volunteer work. See her traumatic brain injury attorney testimonial. This case settled for $500,000 before trial.
Traumatic Brain Injury Case Example #2: Pedestrian Hit by Car
S.W. was walking near Portland State University when a car turned left and hit him. S.W. was in a crosswalk, with the right-of-way. He was transported to the hospital by ambulance and diagnosed with a concussion and closed head injury. He had to have months of physical therapy, in addition to dealing with recurring headaches, dizziness, and nausea. S.W. missed months of work and school. Our Portland attorneys helped him pay all his medical bills and lost wages, and secured funds for future treatments. This case settled for $100,000, the maximum under that auto policy.
Traumatic Brain Injury Case Example #3: Problems With Memory Loss
D.S. was driving through a green light when another driver ran a red light and hit him. D received a minor brain injury including problems with sleep apnea and loss of memory. He was unable to continue working and was having trouble paying his family’s bills. Brain injuries are extremely serious, and our attorneys worked hard to ensure that D.’s financial needs were met for now and in the future. This case settled for $100,000, before trial.
View our past Oregon Traumatic Brain Injury Accident Case examples here.
Do You Need a Portland Brain Injury Attorney?
If you sustain a brain injury due to someone else’s actions, you need an attorney on your side. Hiring a Portland brain injury attorney from DuBois Law Group can provide several significant benefits to your case, strengthening your claim and increasing your chances of achieving a successful outcome. Some of the most important benefits of a brain injury lawyer include the following.
- Brain injuries often result in very high amounts of damage, which can be difficult to calculate. Your lawyer will have the tools, knowledge, and resources necessary to identify all possible paths to compensation and accurately estimate your award. For long-term care costs, your lawyer can enlist the help of expert witnesses, such as medical professionals, who can create life care plans on your behalf.
- Depending on the circumstances surrounding your case, you may need to negotiate with insurance companies during your claim. Negotiating with insurance representatives can be challenging, especially after a recent injury. Your lawyer will handle these conversations for you and leverage his or her negotiation skills to advocate for your best possible outcome.
- Proving a brain injury case can be very complicated, especially in cases involving unclear liability or accusations of shared fault. Your attorney will have the skills, experience, and resources necessary to launch a comprehensive investigation into your case. He or she can gather the evidence necessary to craft a compelling case in your favor.
- Although many injury claims settle before reaching trial, brain injuries often result in high amounts of damages. In these situations, it is in your best interest to pursue your case to the furthest extent possible so you can recover maximum compensation. Your lawyer will be familiar with the Portland court system and can represent you in the courtroom, using his or her litigation experience to present a convincing case to the judge and jury.
If a brain injury results in the death of a loved one, don’t hesitate to visit our Portland wrongful death attorneys page.
Contact A Portland Brain Injury Attorney At DuBois Law Group
Brain injuries can severely disrupt your quality of life and result in physical, emotional, and financial hardships. If you sustained this type of injury due to the negligence of another person or entity, the Portland brain injury attorneys at DuBois Law Group can help you hold the at-fault party accountable. Contact us today to schedule a free case consultation and discuss your optimal path to maximum recovery.