Brain Injuries

Brain Injuries

Brain Injury Attorneys Columbus OH

Brain Injuries

According to the Centers for Disease Control and Prevention, approximately 190 American people died from TBI-related injuries every day in 2021. In addition, thousands more survived with injuries that affected their ability to think, work, and lead a normal life.

Like spinal cord injuries, brain injuries, head injuries, concussions and traumatic brain injuries fall into two broad categories: traumatic or non-traumatic. Knowing which one you’re dealing with shapes both your medical care and your legal options.

  • From my first meeting with Mark Kitrick, I had total confidence in him and trusted him to guide me through this unfamiliar process of litigation. Because I am a woman of faith, it was incredibly important to me to have a person of integrity and character represent me. I found that with Mark. Until you go through something like this, you may not understand how important it is to be guided in the right direction. Mark Kitrick’s manner is so gentle, yet highly professional. He is approachable, and very sensitive to what you’re experiencing. You think of him as a friend who is looking out for you and will always keep your best interests in mind.
    Patti E.

Read More Testimonials from Our Clients

Traumatic vs. Non-Traumatic Brain Injuries

A non-traumatic brain injury is caused by something happening inside the body. Strokes, tumors, infections, and oxygen loss are common examples.

A traumatic brain injury (TBI) is different. It’s caused by an outside force, such as a blow, jolt, or impact to the head. That’s the type of injury our firm focuses on.

Accidents That Commonly Cause TBIs

We focus on injuries caused by trauma from:

  • Auto and trucking accidents: Even a crash at a moderate speed can cause the brain to slam against the inside of the skull.
  • Slips and falls: These can happen on wet floors, icy walkways, or poorly lit stairs.
  • Trips and falls: Over uneven pavement, loose cords, or broken steps.
  • Sports-related injuries: These can involve coaches, leagues, or equipment manufacturers.

How Traumatic Brain Injuries Are Treated

Treatment for traumatic injuries typically happens in two phases.

Emergency Care and Surgery

The first priority is emergency care or surgery to repair immediate damage. This may involve relieving pressure on the brain, stopping bleeding, or stabilizing a patient in intensive care.

Long-Term Therapy and Medication

After the emergency passes, long-term physical therapy or medication helps limit or recover from the resulting neurological or brain impairments. For many survivors, this phase lasts for months or years.

Access to the Right Doctors

Our firm keeps up with the most advanced thinking and treatment around the world. We have connections and experience in finding and dealing with the best doctors for all such claims. We do our best to ensure that our clients or victims are fairly compensated.

Symptoms of Traumatic Brain Injury

While a person might show signs of TBI immediately after an event, the first signs may not appear until days or even weeks later. Some symptoms of brain injury include the following:

Physical Symptoms

  • Dizziness or headaches
  • Fatigue
  • Nausea
  • Numbness
  • Paralysis
  • Seizures (a medical emergency every time)

Cognitive, Sensory, and Emotional Changes

  • Sensory or perceptual changes, like blurred vision or ringing in the ears
  • Speech and language changes
  • Physical, social, or emotional changes. Family members often notice these before the injured person does.

Why delayed symptoms matter

Insurance companies look for gaps in the timeline between an accident and a diagnosis. If you have hit your head, it is important to get checked out promptly and tell your doctor about any new symptoms, even if they seem minor.

The Brain Injury Treatment Continuum

An individual’s treatment plan will depend on the nature of the brain injury. While warning that very little is known about brain injury, the Brain Injury Association of America (BIAA) supports a “Treatment Continuum.” Its rehabilitation guidelines describe several settings a person may go through:

Traumatic Brain Injury

Image Source: Brain Injury Association of America

  • Acute rehabilitation in a trauma hospital or inpatient rehab unit
  • Post-acute rehabilitation at a transitional or residential facility, which BIAA describes as intensive, full-day therapy
  • Sub-acute rehabilitation for patients who need a slower pace over a longer period
  • Day treatment, where the person returns home each night
  • Outpatient therapy to maintain and build on progress

Recovery doesn’t always move in a straight line. Some people step back to an earlier stage. Your claim should take that into account.

TBI Prognosis

Some people are able to recover completely or near-completely from a TBI. Many others experience long-term or possibly permanent changes, which can significantly affect their lives and the lives of their families.

Tests Doctors Use to Evaluate a Brain Injury

Doctors and medical experts can use various methods to determine a person’s prognosis, including neuropsychological testing and radiological imaging such as:

  • Computed Tomography (CT) scans, usually the first scan in the ER
  • Diffusion Tensor Imaging (DTI)
  • Functional MRI (fMRI)
  • Magnetic Resonance Imaging (MRI)
  • Positron Emission Tomography (PET) scans
  • Single Photon Emission Computed Tomography (SPECT)

A mild TBI often doesn’t show up on a standard CT scan. This is where advanced imaging and neuropsychological testing becomes important evidence. Defense experts sometimes challenge newer methods, like DTI. So, the choice of medical expert is important. BIAA’s overview of common medical tests for brain injury explains more.

Brain Injury Compensation

TBI victims may receive assistance from disability insurance, health insurance, Social Security disability or Workers’ Compensation programs. Those programs rarely cover all the costs of a serious brain injury.

Damages Our Columbus Brain Injury Attorneys Pursue

Our attorneys can help recover damages for:

  • Continuing nursing care
  • Loss of work, including future earning capacity
  • Medication costs
  • Sacrifices of family members, such as a spouse who leaves a job to become a caregiver
  • Treatment and rehabilitation expenses
  • Pain, suffering, and loss of enjoyment of life

Ohio’s Damages Cap and the Catastrophic Injury Exception

Ohio limits noneconomic damages, like pain and suffering, in most injury cases under R.C. 2315.18. However, the cap doesn’t apply to certain catastrophic injuries. One exception is for permanent physical functional injuries that leave a person unable to care for themselves independently. Severe TBI can qualify for this exception.

If You Were Hurt on the Job

Workers’ compensation is usually your only remedy against your employer under R.C. 4123.74. However, if someone else causes an injury, such as another driver hitting your work truck, you may also have a separate claim against that person.

Ohio Deadlines and Fault Rules

The Two-Year Statute of Limitations

Most Ohio injury lawsuits must be filed within two years under R.C. 2305.10. Families filing a wrongful death claim generally have two years from the date of death under R.C. 2125.02.

Extra Time for Children and Some Survivors

Under R.C. 2305.16, the clock can be paused for minors and people of “unsound mind”. Ohio courts read this exception narrowly. Do not rely on it without consulting a lawyer.

  • From the moment I walked into Mark Kitrick’s office until the day my case was settled, I was impressed by the high degree of professionalism he demonstrated and grateful for the compassion he showed. The way he managed my case was simply outstanding. Mark Kitrick was able to successfully handle a complex situation that involved litigation in two states. In the process, he made a heartbreaking situation more bearable.
    Jean W.

Why Injured Ohioans Choose Kitrick, Lewis & Staley-Sladek

Mark Kitrick founded the firm in 1986 to help people injured or killed through someone else’s negligence or misconduct. Mark Lewis joined in 1997. Today, our four attorneys bring a combined 96 years of personal injury experience.

We focus on serious personal injury, wrongful death, product liability, and malpractice cases. We have been recognized by Best Lawyers in America and Super Lawyers. Brain injury cases require that depth.

Explore Our Latest Podcast Episodes

Talk to a Columbus Brain Injury Attorney

A brain injury claim must take into account the care you will need years from now, not just the bills you have today. Our attorneys work with medical experts to document the full picture and fight for compensation that reflects this. Contact us to schedule a free consultation.

Common Brain Injuries FAQs

Yes, it is. A concussion is typically classified as a mild form of TBI. The term “mild” refers to the initial injury itself, not its effects, which can still impair memory, concentration, and performance at work.

Yes, it is possible. Many people who have a concussion or traumatic brain injury (TBI) do not lose consciousness. Headaches, confusion, and changes in mood after a head injury are reasons to visit a doctor.

In many cases, yes, if you file within the Ohio deadline. Delayed symptoms are common after TBIs. Your medical records will need to link those symptoms to the incident.

The general time limit is two years from the date of injury, as per R.C. 2305.10. However, the deadline may be extended for minors and people of unsound mind, as outlined in R.C. 2305.16. These exceptions are strictly applied.

You can still recover compensation if you were less than 50% at fault. Your compensation will be reduced by your percentage of fault according to R.C. 2315.33.

Medical records, imaging results, and neuropsychological testing are the most significant. Accident reports, witness statements, and journal entries from family members describing changes in behavior also provide valuable information.

Related Articles