Unwavering Legal Representation From Traumatic Brain Injury Attorneys In Omaha
A traumatic brain injury (TBI) happens when an outside force hits the head, disrupting normal brain function. It is often a result of accidents such as motor vehicle collisions or premises-related incidents. Unfortunately, many of these accidents are the result of another party’s negligence. If a TBI has changed your life or the life of a family member, our personal injury attorneys can help you seek justice.
At Walz Law Offices, every legal strategy we implement has one core principle: to establish every element “By The Greater Weight” of evidence. This means we leave no stone unturned in our meticulous investigation and case preparation. Our experienced brain injury lawyers know how to hold negligent parties accountable for their actions. We will fight relentlessly for your rights and pursue a positive outcome, just as we have done for numerous injured people across Nebraska.
Understanding Traumatic Brain Injuries
Traumatic brain injuries can range from mild to severe, and even seemingly minor blows to the head can have lasting consequences. The most common types of traumatic brain injuries include:
- Concussions: This can happen when a rapid blow or jolt forces the brain to shift inside the skull. Even though they can be common and are often “mild,” concussions can still lead to long-lasting issues such as headaches, memory problems and dizziness for a long time after the initial injury.
- Contusions: A contusion is a bruise on the brain tissue. This happens when the brain strikes the inside of the skull during an accident. These bruises can cause swelling and bleeding in the brain, and their severity can depend on the size and location.
- Diffuse axonal injuries (DAI): This type of TBI happens when the brain shifts and rotates within the skull during a forceful impact. The immense shearing force tears and damages the brain’s nerve fibers (axons), disrupting communication between different parts of the brain. The damage can be widespread and may not be visible on standard medical imaging tests, making diagnosis difficult.
Unlike a visible injury to an arm or leg, a TBI may not be immediately apparent and can lead to a lifetime of medical complications, lost wages and pain. Our personal injury lawyers will advocate tirelessly for fair compensation that accounts for the challenges and long-term effects of your specific brain injury.
Post-Concussion Syndrome In Nebraska Workers’ Compensation Claims
Post-concussion syndrome (PCS) refers to a condition where symptoms such as headaches, dizziness and cognitive fog appear weeks or even months after the initial incident. Standard medical tests, such as MRIs or CT scans, often don’t show the small, detailed damage that causes these issues. This can make it challenging to prove the link between a work accident and your delayed symptoms, particularly in a personal injury or workers’ compensation claim.
Our brain injury attorneys have years of experience, and they know how courts evaluate these cases. After the initial consultation, our personal injury lawyers will act quickly to gather medical records, witness statements and other key evidence that ties your workplace injury to your developing neurological symptoms.
Addressing Language-Specific Barriers In Traumatic Brain Injury Cases
A TBI can create unique challenges for Nebraska’s diverse workforce, especially for those who speak English as a second language. A person suffering from such an injury might lose the ability to speak, read or write in their second language while still being able to speak their native language fluently. This can happen because the brain injury affects the language skills learned later in life, making communication with doctors, employers and legal teams difficult. Standard neurological tests often miss these specific deficits, which can harm one’s personal injury or workers’ compensation claim.
Our brain injury lawyers understand the unique challenges this creates. At Walz Law Offices, we have native Spanish speakers on staff and plan to offer French translation services to help clients from different communities, including African and Hispanic immigrant populations. We make sure that communication barriers do not prevent our clients from pursuing the compensation and medical care they deserve. We will protect your rights, no matter what language you speak.
Frequently Asked Questions About Traumatic Brain Injury Claims
Injuries impacting the brain can be difficult to understand, and complexities often arise when symptoms develop slowly or when the cause of injury is disputed. Our answers to common questions offer practical information for those coping with the aftermath of a traumatic brain injury.
How do you prove a traumatic brain injury occurred at work if I seemed fine immediately after the accident?
It is common to feel and appear normal in the moments after an accident because symptoms can take hours or days to develop. Linking the injury to your job requires strong documentation such as incident reports, coworker statements and surveillance footage.
Receiving medical support is equally essential. Medical providers often rely on diagnostic tools like CT scans, MRIs and neuropsychological testing to identify invisible cognitive or neurological changes. These medical records can be instrumental in proving your condition.
It is also important to track your symptoms. Recording delayed issues, such as headaches and concentration problems, can further connect the injury to the workplace accident.
How do insurance companies handle TBI claims, and what are their tactics for minimizing payouts?
Insurers often approach TBI claims cautiously because brain injuries can lead to long-term medical needs that impact the company’s bottom line. Adjusters may question the severity of the injury, argue that symptoms are unrelated to the accident or assert that the worker had a preexisting condition. Insurance companies may also request extensive medical records in an effort to find unrelated issues that can be used to dispute the claim.
Some insurers attempt to settle quickly before the full extent of the injury is known, which can leave injured workers without adequate compensation for future treatment or lost earning capacity. Other companies may rely on their own medical experts to downplay the injury’s impact. Avoiding premature settlements helps ensure your long-term needs are fully considered.
What is the difference between a TBI claim and a personal injury claim?
A TBI claim focuses on the physical, cognitive and emotional effects of a traumatic brain injury. In contrast, a personal injury claim is a broader category that covers many types of harm occurring from work, auto or unsafe property incidents.
Brain injury claims can also arise from workplace accidents, vehicle collisions and premises incidents. A successful claim requires specialized medical evaluations and comprehensive long-term treatment plans. Detailed evidence of how the injury affects your memory, mood, concentration and daily functioning can strengthen your TBI claim.
Traumatic brain injuries often introduce lasting impairments that impact the victim and their family alike. TBIs may also involve complex legal and medical issues, which makes attorney guidance especially crucial for receiving fair injury compensation.
Can I still pursue a claim if the at-fault party is uninsured or underinsured?
Yes, with proper insurance coverage. Nebraska drivers are required to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage, which can provide benefits if the at-fault party cannot cover the cost of the injury. In workplace injury cases, workers’ compensation benefits may apply regardless of fault, offering medical coverage and wage replacement.
Another potential option includes targeting the at-fault individual personally through a lawsuit. However, recovery can be limited if that person has few assets. It is important to review all available insurance policies, including those belonging to household members, because some policies extend coverage to injured relatives.
We can help you explore all sources of compensation to help ensure you receive the support needed for medical care and long-term recovery.
Can I pursue a legal claim for traumatic brain injury even if I never lost consciousness during my workplace accident?
Yes, you have the right to pursue a TBI claim even without losing consciousness. Many mild and moderate TBIs occur without any loss of awareness, and symptoms may appear gradually rather than immediately. A TBI diagnosis is based on a combination of physical symptoms, cognitive changes and imaging results, not solely on loss of consciousness.
Workers may experience dizziness, confusion, headaches, memory issues or difficulty concentrating in the hours or days following the accident. These symptoms can be strong indicators of a brain injury even if the person remained awake and aware after the incident.
Reporting symptoms promptly, having a full medical evaluation and documenting changes in daily functioning are essential steps for supporting a claim when loss of consciousness did not occur.
Let Us Help You Fight For The Compensation You Deserve
If a traumatic brain injury has prevented you from working and providing for your family, do not wait to get legal help. Our personal injury attorneys have the skills and experience to advocate for your needs in and out of court. Call our Omaha office today at 402-998-5044 to schedule a consultation with us. The first consultations are always free. You can also send us your questions and concerns through our online form.