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Head & Brain Injuries: When Can A Lawsuit Be Filed?

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Experienced TBI Attorneys Fighting for Brain Injury Victims and Their Families

Traumatic brain injuries are among the most devastating injuries a person can suffer, often resulting in permanent disabilities, personality changes, and lifelong care needs. Whether caused by workplace accidents, car crashes, slip and fall incidents, or violent assaults, brain injuries can forever alter not just the victim's life, but the lives of their entire family. At Schuster Law, our experienced Pennsylvania brain injury lawyers understand the complex medical, legal, and financial challenges that accompany traumatic brain injuries.

For over 30 years, we have been fighting for brain injury victims throughout Pennsylvania, securing the comprehensive compensation needed for medical care, rehabilitation, lost wages, and the long-term support these injuries require. We work closely with medical experts, life care planners, and rehabilitation specialists to ensure our clients receive the resources they need for the best possible recovery.

Call (610) 892-9200 for a free consultation with experienced Pennsylvania personal injury attorneys.

24/7 Confidential Consultations Available

Brain injuries require immediate medical attention and legal protection. Our traumatic brain injury attorneys are available around the clock to provide guidance during this critical time. Don't let insurance companies or responsible parties minimize the severity of your brain injury while you're focused on recovery.

 

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Understanding Traumatic Brain Injuries

A traumatic brain injury (TBI) occurs when an external force causes damage to the brain. These injuries can range from mild concussions to severe brain trauma that results in permanent disability or death. Brain injuries are particularly complex because the brain controls every aspect of human function - from basic motor skills to complex cognitive processes, personality, and behavior.

Types of Brain Injuries

There are two primary categories of head injuries, each with distinct characteristics and treatment requirements:

Closed Head Injuries

A closed head injury occurs when the brain is injured without any penetration of the skull. The skull and brain tissue remain intact, but this doesn't mean the brain isn't damaged or that the injury isn't dangerous. In fact, closed brain injuries are one of the leading causes of death in children under the age of four and can be equally devastating in adults.

How Closed Head Injuries Occur

Closed head injuries typically result from:

  • Rapid acceleration and deceleration during car accidents
  • Blunt force trauma from falls or being struck by objects
  • Rotational forces that cause the brain to twist inside the skull
  • Blast injuries from explosions that create pressure waves
  • Shaken baby syndrome in infants and young children

Symptoms of Closed Head Injuries

Symptoms can range from mild to severe and may not appear immediately after the injury:

Physical Symptoms:

  • Persistent headaches and migraines
  • Dizziness and balance problems
  • Vision loss or visual disturbances
  • Nausea and vomiting
  • Seizures and convulsions
  • Dilated or unequal pupils
  • Sensitivity to light and sound
  • Sleep disturbances

Cognitive and Behavioral Changes:

  • Memory loss (short-term and long-term)
  • Confusion and disorientation
  • Difficulty concentrating
  • Problems with decision-making
  • Personality changes and mood swings
  • Increased irritability or aggression
  • Depression and anxiety
  • Loss of inhibition

Closed head injuries can cause physical, cognitive, and emotional changes that could impact a person for the rest of their lives. The invisible nature of many symptoms makes these injuries particularly challenging for victims and their families.

Types of Closed Head Injuries

Concussion:

  • The most common type of brain injury
  • Can occur without loss of consciousness
  • May cause temporary or permanent brain function changes
  • Symptoms can last days, weeks, or months
  • Multiple concussions increase risk of long-term damage

Cerebral Contusion:

  • Bruising of brain tissue from direct impact
  • More serious than concussion
  • May require surgical intervention
  • Can cause focal neurological deficits
  • Higher risk of complications and long-term effects

Intracranial Hematoma:

  • Blood collection inside the skull
  • Can rapidly increase pressure on the brain
  • Often requires emergency surgical intervention
  • Types include subdural, epidural, and intracerebral hematomas
  • Can be life-threatening if not treated promptly

Open or Penetrating Brain Injuries

Just as the name suggests, a penetrating brain injury occurs when the skull is broken and the brain tissue is also penetrated. This typically happens when an object traveling at high velocity strikes a person's head, such as during industrial accidents, construction site incidents, or violent crimes.

Characteristics of Penetrating Brain Injuries

  • Direct tissue damage from the penetrating object
  • Secondary damage from bone fragments and debris
  • High risk of infection due to exposed brain tissue
  • Potential for seizures and other complications
  • Focal deficits related to the specific brain area damaged

Additional Risks and Complications

In addition to experiencing symptoms similar to those with closed head injuries, infection is highly likely with penetrating injuries, which could cause serious secondary health issues including:

  • Brain abscesses and meningitis
  • Seizure disorders
  • Hydrocephalus (fluid buildup)
  • Chronic brain swelling
  • Progressive neurological deterioration

Depending on where the wound occurs and the extent of damage to surrounding tissue, the prognosis can be very poor. Patients who do survive often face serious challenges during recovery and may never regain their former physical and cognitive abilities.

Common Causes of Brain Injuries

Understanding how brain injuries occur helps identify liability and pursue appropriate legal action:

Motor Vehicle Accidents

Car accidents are the leading cause of traumatic brain injuries among adults:

  • Head-on collisions causing rapid deceleration
  • Side-impact crashes with head trauma
  • Rollover accidents with multiple impact points
  • Pedestrian and bicycle accidents
  • Motorcycle crashes with head impact

When a pedestrian, bike rider, or car passenger is involved in an accident, the damage can be severe to both vehicle and body. Head injuries are among the most serious injuries that can be sustained in a crash, often requiring immediate emergency treatment and long-term rehabilitation.

Slip and Fall Accidents

Falls are the leading cause of brain injuries in older adults and young children:

  • Slipping on wet or icy surfaces
  • Tripping over obstacles or uneven surfaces
  • Falling down stairs due to poor lighting or maintenance
  • Falls from ladders or elevated work areas
  • Bathroom falls in elderly individuals

When someone falls, they lose the ability to control how they land, and the head could easily strike a hard or sharp object, like the edge of a sidewalk, concrete steps, or other unforgiving surfaces.

Violent Crimes and Assaults

Intentional violence accounts for a significant percentage of brain injuries:

  • Physical assaults with fists, weapons, or objects
  • Domestic violence incidents
  • Child abuse and shaken baby syndrome
  • Gunshot wounds to the head
  • Sports-related violence

When someone is attacked, the perpetrator is often trying to inflict maximum harm and incapacitate their victim as quickly as possible. The easiest way to do this is to target the head, making brain injuries common in violent crimes.

Workplace Accidents

Brain injuries occur across all industries but are particularly common in:

Construction Sites:

  • Falling objects from scaffolding or cranes
  • Falls from heights
  • Equipment accidents and machinery failures
  • Electrical accidents and explosions
  • Struck-by accidents with vehicles or tools

Industrial Settings:

  • Explosions and blast injuries
  • Chemical exposure causing brain damage
  • Machinery accidents and entrapment
  • Slip and fall accidents in manufacturing facilities
  • Transportation accidents with forklifts or other equipment

Other Workplace Injuries:

  • Office building slip and falls
  • Parking lot accidents
  • Violence in the workplace
  • Transportation accidents during work duties

Accidents at work can occur in any industry. Common examples include being hit by a falling object, construction accidents, industrial accidents, explosions, and slip and falls.

Sports and Recreation Injuries

  • Football and contact sport concussions
  • Bicycle and skateboarding accidents
  • Swimming and diving injuries
  • Playground accidents in children
  • Skiing and snowboarding crashes

Medical Malpractice

  • Surgical errors affecting the brain
  • Anesthesia mistakes causing oxygen deprivation
  • Birth injuries during delivery
  • Medication errors affecting brain function
  • Failure to diagnose and treat stroke

The Devastating Impact of Brain Injuries

Brain injuries affect every aspect of a person's life and often require lifelong management:

Cognitive Effects

  • Memory problems affecting work and daily activities
  • Attention deficits making concentration difficult
  • Executive function problems with planning and organization
  • Language difficulties affecting communication
  • Processing speed issues slowing mental functions

Physical Effects

  • Motor function problems affecting movement and coordination
  • Speech difficulties requiring therapy and assistance
  • Vision and hearing problems impacting independence
  • Seizure disorders requiring ongoing medication
  • Chronic headaches affecting quality of life

Emotional and Behavioral Changes

  • Personality alterations straining family relationships
  • Depression and anxiety requiring mental health treatment
  • Impulse control problems affecting social interactions
  • Mood swings creating unpredictable behavior
  • Loss of emotional regulation affecting daily functioning

Impact on Families

Brain injuries don't just affect the victim - they impact entire families:

  • Caregiving responsibilities for spouses and children
  • Financial strain from medical expenses and lost income
  • Relationship changes due to personality alterations
  • Social isolation as family dynamics change
  • Long-term planning challenges for ongoing care needs

Legal Rights and Compensation for Brain Injury Victims

Workers' Compensation Claims

If your brain injury occurred at work, you may be entitled to workers' compensation benefits:

  • Medical expense coverage for all necessary treatment
  • Disability payments during recovery period
  • Vocational rehabilitation if you cannot return to previous work
  • Lifetime benefits for permanent total disability
  • Death benefits for surviving family members

Third-Party Liability Claims

Many workplace brain injuries involve third parties who may be liable:

  • Equipment manufacturers for defective safety equipment
  • Property owners for unsafe premises conditions
  • Other contractors for negligent actions
  • Vehicle operators for transportation accidents
  • Product manufacturers for defective safety products

Personal Injury Lawsuits

For brain injuries caused by negligence outside of work:

  • Car accident claims against negligent drivers
  • Premises liability claims for unsafe property conditions
  • Product liability claims for defective safety equipment
  • Medical malpractice claims for treatment errors
  • Assault and battery claims against perpetrators

How to Afford Brain Injury Medical Care

If you or a loved one have been diagnosed with a traumatic brain injury, you may feel overwhelmed by the cost of care you need. Brain injury treatment is among the most expensive medical care available, often costing hundreds of thousands or millions of dollars over a lifetime.

Available Compensation Sources

There are multiple ways to recover compensation through legal claims:

Workers' Compensation Benefits:

  • Immediate medical coverage for work-related injuries
  • Disability payments during recovery
  • Vocational rehabilitation services
  • Lifetime care for permanent disabilities

Third-Party Claims:

  • Full compensation beyond workers' compensation limits
  • Pain and suffering damages not available in workers' comp
  • Lost future earning capacity
  • Comprehensive life care cost coverage

Insurance Coverage:

  • Personal injury protection (PIP) for immediate expenses
  • Uninsured/underinsured motorist coverage
  • Disability insurance benefits
  • Health insurance coordination with legal claims

Comprehensive Damages in Brain Injury Cases

Economic Damages:

  • Current and future medical expenses including surgery, rehabilitation, and ongoing care
  • Lost wages during recovery and reduced earning capacity
  • Life care costs for assistance with daily activities
  • Home modifications for accessibility and safety
  • Transportation expenses for medical appointments and therapy
  • Assistive technology and adaptive equipment

Non-Economic Damages:

  • Pain and suffering from the injury and ongoing symptoms
  • Loss of enjoyment of life activities and relationships
  • Emotional distress from personality and cognitive changes
  • Loss of consortium affecting spousal and family relationships
  • Disfigurement and scarring from the injury

The Importance of Immediate Legal Action

Time-Sensitive Evidence

Brain injury cases require immediate action to preserve crucial evidence:

  • Medical records documenting the injury and treatment
  • Accident scene evidence before it's altered or destroyed
  • Witness statements before memories fade
  • Employment records showing earning capacity
  • Expert evaluations to establish injury severity

Statute of Limitations

Pennsylvania has strict time limits for filing brain injury lawsuits:

  • Personal injury claims: Generally 2 years from injury date
  • Workers' compensation claims: Must report within 120 days
  • Medical malpractice claims: 2 years with discovery rule exceptions
  • Wrongful death claims: 2 years from date of death

Protecting Your Rights

Insurance companies and employers often try to minimize brain injury claims:

  • Quick settlement offers before full extent of injury is known
  • Requests for recorded statements without legal representation
  • Independent medical examinations by doctor chosen by insurance company
  • Surveillance to discredit injury claims
  • Delay tactics hoping you'll accept less compensation

Why Choose Schuster Law for Brain Injury Cases

Extensive Brain Injury Experience

Our attorneys have decades of experience handling complex traumatic brain injury cases, understanding both the medical complexities and legal challenges these cases present.

Medical Expert Network

We work with leading neurologists, neuropsychologists, life care planners, and rehabilitation specialists to build comprehensive cases that account for all current and future needs.

Comprehensive Case Investigation

We thoroughly investigate brain injury accidents, working with accident reconstruction experts, safety specialists, and medical professionals to establish liability and damages.

Trial-Ready Representation

While many cases settle, we're fully prepared for trial when necessary to secure maximum compensation for brain injury victims.

No Upfront Costs

We work on contingency fees - you pay no attorney fees unless we recover compensation for you.

Compassionate Support

We understand the overwhelming challenges brain injury victims and families face, providing not just legal representation but guidance and support throughout the recovery process.

Frequently Asked Questions

How do I know if I have a brain injury?

Brain injuries can be subtle and symptoms may not appear immediately. If you've suffered any head trauma, seek medical evaluation immediately. Common signs include persistent headaches, memory problems, personality changes, and cognitive difficulties.

What if my brain injury symptoms didn't appear right away?

Many brain injury symptoms are delayed, sometimes appearing days or weeks after the initial trauma. This is why immediate medical evaluation is crucial after any head injury, even if you feel fine initially.

How much is my brain injury case worth?

Brain injury cases often result in some of the highest personal injury settlements due to the extensive medical care, lost earning capacity, and lifetime care needs involved. Case values depend on injury severity, age, occupation, and impact on daily life.

Can I work with a brain injury?

This depends on the severity and type of brain injury. Some people can return to work with accommodations, while others may be permanently disabled. Vocational rehabilitation specialists can help assess work capacity.

What if I was partially at fault for the accident?

Pennsylvania's comparative negligence law allows recovery even if you were partially responsible, as long as you're less than 51% at fault. Your compensation will be reduced by your percentage of fault.

How long will my brain injury case take?

Brain injury cases are complex and can take 1-3 years or more to resolve. It's important not to settle too quickly before the full extent of your injuries and future needs are understood.

Free Brain Injury Consultation

If you or a loved one has suffered a traumatic brain injury, don't face the complex legal and medical challenges alone. You may already be searching for "workers' comp lawyers near me" because you understand the importance of proper legal representation.

Contact Schuster Law today for a free, confidential consultation with experienced Pennsylvania brain injury attorneys. Our legal team will:

  • Evaluate your case and identify all potential sources of compensation
  • Coordinate with medical experts to fully document your injuries
  • Handle all communications with insurance companies and employers
  • Fight aggressively for comprehensive compensation covering all your needs
  • Provide guidance and support throughout your recovery

Brain injuries require comprehensive legal representation to ensure you receive the resources needed for the best possible recovery. Contact Schuster Law today and let our experienced brain injury team fight for the compensation you and your family deserve.

Do You Qualify?
  • Details
  • Incident
  • Aftermath

Free Case Evaluation

(610) 892-9200injured brain of a construction worker

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WHAT OUR CLIENT SAY ABOUT SCHUSTER LAW

testimonial 1
Highly recommend Justin Bernstein. He has been amazing, and very helpful through Avery traumatic time in my life. Always there when you need him!
 
Shannan Lamplugh,

A client of Schuster Law

 
 
testimonial 2

My husband and I were in a car accident and our car got t-boned. Andrew Valentin was the lawyer we chose to represent us. Andrew fought on our behalf with the other party's insurance company, making sure everything was made right. Between regular check-ins on us and follow through on the case, Andrew made sure we were well taken care of.

Laura VM
A Car Accident Client of Schuster Law

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