Choosing the right traumatic brain injury lawyer places your case in the hands of attorneys who understand the medical, legal, and financial challenges that follow a severe injury. Munley Law has earned a reputation as one of the top law firms for catastrophic injury litigation, backed by award-winning attorneys with more than 250 years of combined experience. Families turn to us because we have consistently been named to the Best Firms in America list, a reflection of the skill and commitment that define our work.
Our results show what dedicated representation can achieve. Our personal injury attorneys have secured dozens of seven and eight-figure awards for injury clients, including a landmark $26 million settlement and another $6.5 million settlement for brain injury victims. These outcomes are possible because we work with leading expert witnesses who strengthen every aspect of your case and help us present the full scope of a traumatic brain injury.
If you want a firm with the record, resources, and experience to pursue the compensation you deserve, contact Munley Law today. Your consultation is free, there is no obligation, and there is no fee unless we win your case.
What is the Average Settlement For a Traumatic Brain Injury Case?
The average settlement for a brain injury case depends on several factors, including the circumstances of the accident, the severity of the injury, and long-term health complications as a result.
On average, traumatic brain injury victims secure hundreds of thousands of dollars to over a million dollars in settlements.
At Munley Law, our experienced attorneys have a track record of securing maximum compensation for our clients. In the past, we’ve secured a $6.5 million settlement for a man who suffered a brain injury in a garbage truck accident.
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Call Us At 844-686-5397 What Are the Common Causes of Traumatic Brain Injuries?
Most TBIs result from a blow to the head. They are often categorized as closed head injury, meaning there was no penetrating force, but the brain was shaken or moved; axonal injury, where the force is so strong that the brain’s long, connecting nerve fibers are severed; or an open TBI, when a penetrating force causes trauma to the brain.
Each year in the United States, there are an estimated 2.9 million TBI-related emergency department visits, according to the Brain Injury Association of America. In 2023, there were an estimated 68,665 deaths in the United States linked to traumatic brain injury. These numbers show how often these injuries occur and how serious their outcomes can be.
A TBI can occur for a variety of reasons and happen from numerous types of accidents, including:
Falls: Falls are the most common cause of brain injuries in elderly adults and young children. Falls from the bed, a ladder, steps, the bath, etc., can all lead to severe injury.
- Falls: Falls are the most common cause of brain injuries in elderly adults and young children. The Centers for Disease Control and Prevention (CDC) reports that falls account for almost half of all TBI-related hospitalizations. Falls from the bed, a ladder, steps, the bath, etc., can all lead to severe injury.
- Car accident: Any time an auto wreck involves being jolted, whiplash, or impact to the head, there is a chance of a TBI. TBIs are common for victims of car accidents, truck accidents, motorcycle wrecks, and pedestrian accidents.
- Violence and assault: It is estimated that a quarter of brain injuries are caused by violence. This can be from domestic violence and assault, gun violence, and child abuse, including shaken baby syndrome.
- Explosives: Explosive blasts for active duty military, along with the penetrating wounds of shrapnel, are a common occurrence for military TBI.
- Construction accidents: While most occupations have their own hazards, construction workers often face very dangerous situations. Whether they fall from a large structure, are struck by a beam, or are hit by moving machinery, construction workers are at higher risk for TBI-related injury and death than other industries.
- Sports injuries: Playing a sport as a child should be fun, but with that fun comes the danger of a brain injury. Youth sports like soccer, football, baseball, lacrosse, skateboarding, hockey, boxing, and high-impact activities have increased risks for brain injury compared to other activities. Adult sports have even higher risks, often due to the more intense competition.
How your injury occurred will ultimately determine how insurance will come into play in potential compensation. Because of this, you will want to consider the type of legal representation you select, as it may be beneficial to have a traumatic brain injury attorney who is also experienced in workers’ compensation law, premises liability, etc.
How Are Brain Injuries Rated in Severity?
Brain and head injuries are often categorized as mild TBI or moderate to severe TBI. Medical professionals often group moderate and severe TBIs together because of the likelihood of long-term health issues.
For mild TBIs, your doctor may call it a concussion; however, even concussions have stages of severity.
- Grade 1, Mild: A mild concussion does not involve loss of consciousness; symptoms often resolve within 15 minutes. They can cause headaches, dizziness, nausea, and light and noise sensitivity.
- Grade 2, Moderate: Moderate concussions also do not involve loss of consciousness, but symptoms stay much longer. They have similar symptoms, but can also impact mood and ability to sleep as symptoms are much stronger and persistent.
- Grade 3, Severe: Grade 3 concussions involve loss of consciousness ranging from seconds to minutes. Similar symptoms may occur, including confusion, slurred speech, difficulty waking up, and seizures. These concussions require immediate medical attention.
Moderate and severe TBIs can quickly change in symptoms and are marked by loss of consciousness for more than 30 minutes but less than 24 hours for a moderate TBI and more than 24 hours for a severe TBI.
What Are the Symptoms of a Traumatic Brain Injury?
Symptoms of a TBI can be broken down into the following categories: physical, thinking and memory, social and emotional, and sleeping issues. These symptoms may be present in all types of TBI or only in more severe cases. Seeking emergency medical care for a suspected TBI is critical to your safety.
Physical
Physical symptoms of a head injury include:
- Losing consciousness
- Coma
- Weakness in the arms and legs
- Balance and coordination issues
- Hearing or vision issues
- Changes in sensory perception
Thinking and Memory
Memory loss and cognitive difficulties can occur from TBIs. Symptoms include:
- Confusion
- Difficulty concentrating
- Being unable to think clearly
- Short-term memory loss
- Feeling groggy
- Difficulty communicating
Social and Emotional
Moderate and severe TBIs are more likely to cause emotional and social complications for victims. Common types of emotional distress following an injury include:
- Anxiety and nervousness
- Irritability
- Sadness and depression
- Anger and increased aggressiveness
- Inability to manage behavior
- Lack of impulse control
Sleeping
Sleep-wake disturbances are common in all TBIs and can range from daytime sleepiness to an increased need for sleep and an inability to sleep.
Be sure your symptoms are included in your medical records, especially if they are long-term and have impacted your ability to go about daily life.
How Do You Prove Negligence in Brain Injury Claims?
To file a traumatic brain injury lawsuit, you must establish the four elements of negligence. They are:
- A duty of care existed between you and the at-fault party. This may be a medical professional who caused oxygen deprivation during a procedure, another driver on the road, an employer, etc.
- There was a breach of duty. The breach means that the other person or entity did not provide the standard of care or safety you would expect to receive.
- The breach caused your TBI. Whether their negligence caused an accident, medical error, or workplace trauma, their actions or inaction harmed you in some way.
- You suffered damages. Because of their negligence, you suffered a TBI, which has caused you to incur actual damages.
If you cannot prove all elements of negligence, you will not be able to file a lawsuit against the at-fault party.
How Can a Traumatic Brain Injury Attorney Help?
The aftermath of a TBI can be overwhelming to the victim and their family members. With the need for ongoing medical care and likely time away from work and other responsibilities, it can be too much for one person to take on alone. But with a personal injury attorney, you don’t have to.
By establishing the attorney-client relationship early on, your legal team can help you:
- Investigate the cause of the accident. We work with accident reconstruction specialists, medical professionals, and the police to determine fault and establish liability.
- Gather evidence. From medical records to police reports, physical proof, and witness testimony, we do everything possible to build a strong case on your behalf.
- Negotiate with the insurance companies. Depending on who’s at fault for your TBI, the insurance company may be backed by its own legal advice and try to minimize the compensation you recover. This can be discouraging to victims and their families, which is why we handle the negotiations on your behalf.
- Represent you in court. While most personal injury cases do not go to trial, if yours does, we’ll stand by your side until a settlement or fair verdict is reached.
With a track record of success in complex head injury cases, you need to call the personal injury lawyers of Munley Law as soon as possible.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity.”
Caroline Munley
What Compensation is Available Following a Brain Injury?
You may be entitled to economic and non-economic damages following a brain injury. This includes:
- Medical treatment and future medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Mental anguish
- Wrongful death
Contact the head injury lawyers of Munley Law to learn how we can secure maximum compensation on your behalf.
Why Choose Munley Law As Your Traumatic Brain Injury Lawyers?
If you or a loved one suffered from a severe brain injury resulting in medical expenses, lost wages, property damage, pain and suffering, or even death, you need to call a traumatic brain injury attorney.
At Munley Law, our traumatic brain injury lawyers have handled cases dealing with all types of brain injuries, including those that have left the victim with permanent impairment and unable to fight for themselves. We hold the liable parties accountable by working with medical experts who can provide insight into the victim’s quality of life and long-term health struggles.
Our firm has helped families rebuild their lives after catastrophic injuries for more than 65 years. Since 1959, we have secured over $1 billion in settlements and verdicts for personal injury clients. This includes a landmark $26 million settlement for a client who suffered traumatic brain injuries and quadriplegia after a truck accident.
Results of this magnitude are possible because your case is supported by attorneys who bring nationally recognized trial expertise to the table. Four members of our team are board-certified in Civil Trial Law and Civil Trial Advocacy by the National Board of Trial Advocacy, a distinction held by only the most accomplished trial lawyers in the country. Our attorneys have also been named Lawyer of the Year on five occasions by Best Lawyers, and every partner has been named among the National Trial Lawyers Association’s list of the Top 100 Trial Lawyers in Pennsylvania and on the Lawdragon 500 Leading Plaintiff Consumer Lawyers in America list. These honours reflect a level of skill and experience that becomes especially important in complex brain injury litigation.
FAQs
What does a traumatic brain injury lawyer do?
A traumatic brain injury (TBI) lawyer handles every legal aspect of your case, from investigating the cause of the injury to proving negligence, gathering expert testimony, negotiating with insurance companies, and representing you in court if needed. Their role is to secure maximum compensation while helping you and your family navigate the overwhelming aftermath of a severe brain injury.
What compensation can I recover after a traumatic brain injury?
Victims of TBIs may be entitled to both economic and non-economic damages. These include medical bills, future care costs, lost wages, diminished earning capacity, pain and suffering, emotional distress, loss of companionship, and—in fatal cases—wrongful death damages.
What are the most common causes of traumatic brain injuries?
TBIs often result from falls, motor vehicle accidents, workplace or construction incidents, sports injuries, acts of violence, and military-related blast injuries. Any forceful impact or jolt to the head can cause a brain injury, whether the skull is penetrated or not.
How do I know if I have a valid traumatic brain injury claim?
You may have a valid TBI claim if your injury occurred due to someone else’s negligence, such as a careless driver, unsafe property conditions, workplace safety failures, or medical errors. If you can show duty of care, breach, causation, and damages, you may qualify to pursue a lawsuit with the help of an experienced TBI attorney from Munley Law.
Contact Munley Law to Take Action
Contact Munley Law to Take ActionMany people fear they cannot afford legal representation for a brain injury lawsuit because of the medical bills they already have to pay. However, price is not a limiting factor for our clients. We work on a contingency fee basis, meaning there are no upfront costs to you, and we only get paid if you win.
Further, we discuss everything you can expect in your free case evaluation so you know where to go from here.
If a serious brain injury has caused you to suffer permanent brain trauma or disability, you should not handle the at-fault party alone, nor should you accept settlements from the insurance company right away. Instead, contact Munley Law today for a no-obligation, free consultation.
Caroline Munley
Caroline is a passionate trial lawyer and courtroom advocate, a Pennsylvania Super Lawyer since 2022. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA) and named among PA’s Top 25 Women Trial Lawyers, the Multi-Million Dollar Advocates, and the Top 25 Medical Malpractice Trial Lawyers.
