Fighting for Your Rights After a Traumatic Brain Injury in Michigan

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A traumatic brain injury can impact every aspect of a victim’s life, from their career to their relationships to their finances to their independence. When someone else’s careless actions cause the injury, you deserve accountability, financial support, and a legal team that’s prepared to fight for your rights.

The experienced Michigan traumatic brain injury attorneys at Gruel Mills understand how devastating these injuries can be for victims and their loved ones. We’re dedicated to providing the sound legal guidance and relentless advocacy you need to continue on your path to recovery. Contact us today to learn more from a TBI lawyer in Grand Rapids. 

Understanding Traumatic Brain Injuries

Traumatic brain injuries, often called TBIs, occur when a sudden impact, jolt, or blow to the head disrupts normal brain function. These injuries can range from mild concussions to severe brain damage that causes permanent disability. 

Doctors classify TBIs by severity, but even a “mild” brain injury can create lasting problems. Many victims continue to struggle months or years after an accident, especially when treatment does not begin immediately.

Common types of traumatic brain injuries include:

  • Concussions
  • Contusions and brain bruising
  • Diffuse axonal injuries
  • Penetrating brain injuries
  • Oxygen-deprivation brain injuries

Because TBIs often lack visible symptoms, many people underestimate their seriousness. Our lawyers understand the medical and legal complications that come with these injuries, and we know how to build a compelling case for the compensation you deserve.

Common Causes of Traumatic Brain Injuries in Michigan

Traumatic brain injuries can occur in several ways, most often from a sudden, violent impact. Unfortunately, many of these injuries result from another person’s careless behavior.

Some of the most common causes of TBIs are:

  • Motor vehicle accidents
  • Bicycle collisions
  • Pedestrian accidents
  • Slip and fall incidents
  • Construction and workplace accidents
  • Defective or dangerous products
  • Assaults and violent acts

Many of these incidents occur because someone ignored safety rules or failed to maintain safe conditions. When negligence causes a brain injury, our Grand Rapids law firm can step in to protect your rights and hold them accountable.

Symptoms and Long-Term Effects of a Traumatic Brain Injury

The impacts of a traumatic brain injury are wide-ranging, and they can affect not only victims but also their loved ones. Symptoms may appear immediately or develop slowly over time.

Common TBI symptoms include:

  • Memory loss and concentration problems
  • Headaches, dizziness, and fatigue
  • Mood swings, depression, or anxiety
  • Speech or communication difficulties
  • Vision or hearing problems
  • Sleep disturbances

Severe TBIs often have long-term or permanent effects, including:

  • Cognitive impairment
  • Personality changes
  • Loss of independence
  • Inability to work or maintain employment
  • Strained family relationships

These impacts not only place considerable financial stress on the injured person and their family, but also an unimaginable amount of emotional stress on them as well. Our law firm works with medical and financial experts to assess the full impact of your injury so we can seek compensation that truly reflects the scope of these losses.

What Makes Traumatic Brain Injury Cases Challenging?

Traumatic brain injury cases present unique legal challenges. Recovering your rightful compensation begins with understanding these challenges and what they mean for your claim.

  • Accurately Assessing Symptoms: Traumatic brain injuries can prove incredibly difficult to assess, as symptoms can vary widely, and they can worsen over time. This can make accurately valuing a claim a tricky task. 
  • “Invisible” Injuries: Brain injuries do not always appear on standard imaging, and they’re not visible to the naked eye. Insurers frequently attempt to capitalize on this by minimizing injuries and deflecting blame.
  • Significant Costs: TBIs can require lifelong medical care, which means the value of the claim may be enormous. The larger the claim, the harder the insurance companies fight to minimize payouts.

 

A successful TBI claim requires not only skilled guidance from an experienced lawyer but also the support of medical experts and well-documented evidence. Our law firm knows how to gather the necessary proof and show exactly how your injury has impacted you and your loved ones.

Establishing Liability in a TBI Claim

Any successful personal injury claim requires substantial evidence that another party caused the injury through negligent or reckless behavior. For a traumatic brain injury claim, that evidence would likely include:

  • Police or accident reports
  • Photos and videos from the accident scene
  • Witness statements 
  • Neurological records
  • Brain imaging, such as MRIs or CT scans
  • Neuropsychological testing
  • Therapy records
  • Daily journals 
  • Expert analysis

 

Proving the impact of a TBI requires medical evidence showing the injury and connecting it directly to the incident, as well as personal testimony and expert analysis explaining the physical and emotional struggles you face. Our lawyers act quickly to preserve evidence before it’s lost or destroyed so we can build the strongest case possible.

Compensation Available in Michigan TBI Claims

Michigan law allows people injured by another person’s negligence to seek compensation for both the financial losses and the personal harm the at-fault party caused. Your personal injury lawyer will likely seek compensation for the following on your behalf:

  • Medical Expenses: Emergency services, hospital stays, surgeries, doctor’s visits, medication, medical devices, physical therapy, rehabilitation, long-term care, support services, and future medical costs related to the accident and your injury.
  • Lost Wages: Hourly wages or salary, missed raises or promotions, commissions and tips, sick days, vacation time, medical benefits, and future lost wages.
  • Pain and Suffering: Compensation for the physical pain and mental anguish caused by the accident and your injury.
  • Emotional Distress: Compensation for emotional harm caused by the accident, including anxiety, depression, and PTSD symptoms.

Michigan Laws That Impact Traumatic Brain Injury Claims

Michigan law affects how traumatic brain injury claims proceed. Understanding these laws can help you protect your legal rights should you pursue compensation.

    • No-Fault Insurance: Michigan is a “no-fault” state for car insurance, meaning drivers typically go through their own insurance to cover medical expenses and lost wages unless the injury causes serious impairment. 
    • Third-Party Claims: When another party causes the injury, victims may pursue compensation from them through a third-party claim if their injury meets Michigan’s definition of a “serious impairment of body function.”
    • Statute of Limitations: Under Michigan law, you typically have three years from the date of injury to file a traumatic brain injury lawsuit. Missing this deadline can permanently bar you from recovering compensation. 
    • Comparative Fault: Michigan law allows anyone less than 51% at fault to recover compensation for an injury. However, their compensation will be reduced by their percentage of fault.
    • Wrongful Death Laws: When a TBI proves fatal, Michigan allows the personal representative of the victim’s estate to pursue a wrongful death claim against the responsible parties. Any compensation recovered by such a claim goes to the victim’s survivors, who may include their spouse, children, parents, siblings, and descendants.

How Our Law Firm in Grand Rapids Can Help

Traumatic brain injury cases demand skilled guidance from both legal professionals and medical experts. Here’s how the experienced TBI attorneys at our law firm can help you: 

  • Reviewing your case for free
  • Investigating the accident and identifying all liable parties
  • Coordinating medical documentation and support
  • Proving how the injury changed your life
  • Calculating compensation, including future costs and long-term needs
  • Handling all insurance company communications
  • Negotiating for a fair settlement
  • Representing you in court, if necessary

Contact a Grand Rapids, MI, Traumatic Brain Injury Attorney

If you or someone you love suffered a traumatic brain injury caused by someone else’s negligence, you deserve justice. The experienced personal injury lawyers at Gruel Mills offer compassionate support and tenacious advocacy during this difficult time. Contact us today for your free consultation with a TBI lawyer in Grand Rapids.