Libby Traumatic Brain Injury Lawyer

Traumatic Brain Injury Attorney In Libby

Traumatic brain injuries are some of the most complex and life-altering injuries that a person can suffer. If you or a loved one has been injured because of another party’s negligence, a Libby, MT, traumatic brain injury lawyer can explain your rights and assess the long-term impact of your injuries. Then, they can fight to get you the financial compensation you need. In many cases, medical care may be required for the rest of your life.

About Us

At Bliven Law Firm, P.C., we know how difficult life can be for families who are affected by a traumatic brain injury. Our attorneys have been serving the injured in Montana and Oregon with compassion, attention to detail, and a zealous commitment for more than 35 years.

If you are in Libby, you are probably familiar with the Lincoln County Courthouse. We visit this location to stand up for our clients and fight for justice. When your injury prevents you from leaving home, we will make house calls and hospital visits, and our team can meet with you on weekends. We can represent you through all phases of your traumatic brain injury claim.

Understanding Traumatic Brain Injuries (TBI)

Every year, more than 300 Montana residents pass away due to injuries from a TBI. Additionally, 800 more are hospitalized each year. Nationally, there were 214,110 TBI hospitalizations in 2020.

Brain injuries can be divided into two general categories: acquired and traumatic. An acquired injury results from a medical condition or event, such as a stroke or an infection. A traumatic brain injury is the result of an external blow to the head from falls, car accidents, assaults, sports injuries, and other sudden accidents.

While a broken bone or a laceration shows on the surface, a TBI affects the soft, sensitive tissue of the brain, endangering every aspect of daily life, such as speaking, memory, controlling emotions, walking, and personality.

Types and Causes of TBIs

Traumatic brain injuries can be divided into two broad categories: closed-head injuries and open-head injuries. Closed-head injuries, or nonpenetrating injuries, are those in which the skull is not fractured or pierced; rather, the brain receives a sudden acceleration or deceleration, and it hits against a bony protrusion. Closed-head injuries include:

• Concussions
• Diffuse axonal injuries
• Intracranial hemorrhages

Most occur from motor vehicle accidents, ladder falls, recreational injuries, or sports-related collisions.

Open-head or penetrating injuries are those in which an object penetrates the skull, either by gunshot or blunt-force attack. These injuries are the most severe and often result in permanent physical and mental disability. Many victims of traumatic brain injuries need continuous physical and occupational therapy, along with lifelong neurological supervision to track functional changes.

Elements of a Traumatic Brain Injury Claim

Not all brain injuries give rise to a strong case in court. To proceed, your Libby traumatic brain injury lawyer needs to demonstrate three essential components:

1. Negligence. Someone behaved irresponsibly or did not take appropriate action.
2. Injury. You suffered a traumatic brain injury.
3. Causation. Their negligence directly caused your injury.

Negligence can happen in several ways, such as: 

• A driver texting while driving
• A store owner who does not fix a known danger
• A manufacturer that knowingly sells a defective product

Negligence is generally defined as failing to act as a reasonably careful person or business would under the same circumstances. If that failure causes your TBI, then the at-fault party may be legally liable for all your damages.

Hire a Traumatic Brain Injury Lawyer

The expenses and future damages associated with a TBI case make it highly impractical to advance without legal counsel. A traumatic brain injury attorney can provide you with resources and professional witnesses. Your attorney can: 

• Understand how to investigate your claim.
• Work with professionals.
• Negotiate with insurers.
• Present your case to a jury if necessary.

Early legal intervention by a Libby traumatic brain injury attorney can preserve evidence and document damages, which can enable the settlement or jury award to reach its maximum potential. Hire a traumatic brain injury lawyer right away to represent you in your claim.

FAQs

What Three Elements Must Be Present to Prove That a TBI Occurred?

To successfully establish that a traumatic brain injury (TBI) occurred due to another party’s actions, three distinct elements must be proven. Firstly, the defendant must have behaved in a negligent manner or failed to meet a particular duty of care (negligence).

Secondly, the victim must have suffered a TBI (injury). Thirdly, the defendant’s negligent behavior must be shown to be the direct cause of the TBI (causation). All three elements must be present for a successful claim.

What Is the Three-Concussion Rule?

The “three-concussion rule” is a non-medical rule that anyone with three concussions should be strongly encouraged to stop any high-risk head injury activity. It’s not an actual law, but many doctors and athletic programs use it as a guideline. Multiple concussions lead to greater chances of long-term brain damage and extended recovery time.

What Benefits Can You Get for a TBI?

Traumatic brain injuries may make you eligible for several benefits. If you suffered a TBI, you may be eligible for:

• Workers’ compensation benefits
• Social Security Disability Insurance (SSDI)
• VA disability benefits
• Personal injury claim compensation

To support your long-term physical, emotional, and cognitive recovery, benefits may include: 

• Medical attention
• Rehabilitation
• Lost income reimbursement
• Long-term disability
• In-home assistance
• Therapy
• Vocational retraining

Is a TBI Hard to Prove?

Yes. TBIs, particularly mild traumatic brain injuries, can be challenging to substantiate. This is because symptoms may not show up on imaging studies. Instead, they may develop over a period of time, or they may be caused by other factors, such as stress or fatigue. An experienced attorney understands traumatic brain injury laws, so they can obtain the necessary evidence to link the injury to the traumatic event.

Contact Bliven Law Firm, P.C.

A traumatic brain injury can seriously impact your life. If your injury was due to another party’s negligence, you may be entitled to compensation. Contact our Libby traumatic brain injury lawyer today to begin fighting for the justice you deserve.