A traumatic brain injury (TBI) is one of the most damaging injuries that can occur during an accident. Many TBI victims experience severe cognitive damage that may result in permanent disability. If you believe you or your loved one suffered a TBI due to another’s negligence, you may be entitled to pursue compensation from the at-fault party. However, it may be in your best interest to consult with a trusted Portland brain injury attorney to discuss your legal options for holding the at-fault party liable.
At Rizk Law, our committed personal injury attorneys in Portland have helped numerous victims of negligence obtain the justice and compensation they deserve. We understand the seriousness of a TBI and how this condition can affect your life. Our TBI attorneys know how to build a head injury case that supports your claim against the at-fault party. We will review your claim and the accident that caused you or your loved one to suffer brain damage. Based on our findings, we will be able to inform you of which legal options may be available to recover maximum compensation.
Since Rizk Law was founded in 2001, firm founder Richard Rizk has strived to advocate for the rights of accident victims against insurance companies. We provide free and confidential consultations that come with no obligation of hiring our firm. If we represent you, we will not charge upfront fees for our services. You only have to pay us if we recover compensation on your behalf. There is no risk in working with us to recover the compensation you need.
Call 503.342.0783 to schedule a free consultation.
Determining Liability for a Brain Injury Case
To recover compensation for an accident that resulted in a TBI, you will need to show the other party is liable for your injury. This will require you to prove the accident resulted from the other party’s negligence.
During your free consultation, our Portland brain injury lawyers will examine several factors in your claim to determine if the other party acted negligently during the accident:
- Duty of care: The other party owed you a duty of care to ensure your safety, and act in a manner that prevented causing you harm.
- Breach of duty: The other party breached its duty of care by failing to exercise reasonable care during an accident. This means the other party acted or failed to act in a manner that a reasonably prudent person would have under similar circumstances.
- Causation: The at-fault party’s breach of duty caused the accident that resulted in your injury. This will require you and your attorney to establish a causal link between the at-fault party’s negligence and your TBI.
- Damages: You suffered damages as a result of the at-fault party’s breach of duty. This includes monetary damages, such as the cost of your medical treatment or income you lost while recovering from your TBI.
Proving liability in a personal injury claim can be difficult, especially if you are unfamiliar with Oregon’s negligence laws or how to handle an insurance company. A Portland traumatic brain injury lawyer will help you understand if you have a brain injury lawsuit against the party that caused you or your loved one to suffer a TBI. Your lawyer will work to establish liability by building a case that proves a causal link between your injury and the at-fault party’s breach of duty.
Complete a Free Case Evaluation form today.
Types of Brain Injury Cases We Handle in Portland
The brain is one of the body’s most vital organs and controls every physical and cognitive function we perform. If the brain is damaged due to an external source or traumatic event, it can cause serious disruption in your ability to live a functional and independent life.
There are three types of TBIs that you may suffer during an accident, each ranging in severity. These include:
Mild TBI
When a person suffers minor cognitive damage after an accident, he or she may have suffered a mild TBI. Similar to a concussion, the effects of a mild TBI last for less than 30 minutes and may include symptoms such as:
- Headache
- Sensitivity to light
- Memory loss
- Irritability
- Nausea
- Seizures
- Emotional volatility
- Fatigue
Moderate TBI
Accident victims who suffer a moderate TBI may experience enhanced symptoms of a concussion. Typically, victims who experience a moderate TBI may suffer a loss of consciousness for several hours. Victims may suffer other symptoms, including:
- Seizures
- Speech impairment
- Loss of coordination
- Pupil dilation
- Memory loss
- Difficulty forming new memories
- Numbness in the hands or fingers
- Sharp head pain
- Blurred vision
- Involuntary movement
- Difficulty speaking
- Difficulty processing new information
- Reduced depth perception
- Convulsions
Severe TBI
A severe TBI is brain damage that results in a loss of consciousness for more than 24 hours. Accident victims who suffer a severe TBI often suffer severe memory loss, headaches and emotional volatility.
Victims who suffer a severe TBI may experience symptoms such as:
- Visual impairment
- Ringing in the ears (tinnitus)
- Sensitivity to light and sound
- Difficulty balancing
- Seizures
- Nausea
- Loss of senses, including sense, smell, taste or hearing
- Severe sensitivity to light and sound
All too often, TBIs go unnoticed by accident victims and health care professionals. Many of the symptoms of a TBI are similar to other medical conditions, which can result in a misdiagnosis. For this reason, it is imperative that you seek medical care after an accident. Your health care provider should examine the symptoms you are experiencing to correctly diagnose a TBI and help you receive the treatment you need.
Call 503.342.0783 to speak to a Portland brain injury attorney if you have been injured in an accident.
