Missoula Traumatic Brain Injury Lawyer

A brain injury can change a person’s personality, how they perform day-to-day activities, and even their future. Sometimes, brain injuries can stem from accidents. While these incidents can be indeed accidents, there are times when another person’s negligence causes a brain injury.

These accidents can emotionally and financially strain the person and their families.

Often, head injury victims require weeks, months, or years of extensive medical treatment and rehabilitation to help them regain control of their lives. Many times, they usually will not fully recover from these injuries.

If an individual or a company was negligent in their actions, leading to a traumatic brain injury (TBI) to you or a loved one, you have a few legal options. You have the right to file a personal injury lawsuit and seek compensation for injuries and other damages.

At Western Justice Associates, PLLC, we have a team of qualified attorneys ready to assist with your case. Avoid the frustration and stress of handling these claims on your own. You want the help of an experienced Missoula traumatic brain injury lawyer on your side.

What Is a Traumatic Brain Injury?

A TBI is caused by a direct impact to the head, either penetrating or non-penetrating. The force of the blow can cause different types and grades of brain damage, such as:

• Mild concussions are the most common type of TBI. They can cause a brief loss of consciousness for less than 30 minutes.
• Moderate TBI is associated with loss of consciousness for over 30 minutes but less than one day.
• Severe TBI causes permanent brain injury or even death.

Immediate treatment within the vital “golden hour” following the injury can significantly affect recovery.

The prognosis for a TBI can vary based on the severity and type of injury. Individuals with mild injuries recover within a few days to several months and can return to their pre-injury level of functioning.

However, individuals with more serious injuries may require rehabilitation to regain basic life skills, such as walking, speaking, and communicating. These individuals may also face permanent changes to their lifestyle.

In the most severe cases, a brain injury can result in a persistent vegetative state or even death.

The Causes of TBIs

With the forceful impact stemming from a car accident to a physical assault, traumatic brain injuries can occur in several ways. The most common causes of TBIs include:

• Falls: Whether it’s a fall from a height, a slip, or a trip, falls are a major cause of TBIs. They can happen in homes, workplaces, or public areas.
• Vehicle-related accidents: Collisions involving cars, motorcycles, bicycles, or pedestrians result in TBIs.
• Violence: Acts of domestic violence, child abuse, or assault can lead to TBIs.
• Sports injuries: Injuries from high-impact and extreme sports can contribute to TBIs.
• Explosions and combat injuries: These are common causes of TBIs among active-duty military personnel.
• Misdiagnosis: Failing to diagnose a brain injury can worsen the condition.
• Birth Injuries: Improper handling or negligence during childbirth can cause TBIs in newborns.

If you or a loved one has suffered a TBI due to another party’s negligence, you may be eligible for compensation through a personal injury claim. Compensation can cover:

• Medical bills
• Long-term care and rehabilitation costs
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

How do you start the process to recover these losses and damages? You will want to contact a Missoula traumatic brain injury lawyer.

Making a Case for Negligence

Suffering an injury is usually not sufficient enough to get compensation for your losses. You and your legal team need to prove four key elements in a personal injury case:

• Establishing a duty of care: Your initial step is to demonstrate that the defendant had a legal responsibility to act responsibly to prevent harm to you and others. There must be a type of connection, such as a patient-doctor relationship.
• Violation of duty: After establishing the duty of care, a lawyer needs to show that the defendant failed to uphold this duty. With that, the defendant’s actions did not align with what a reasonable person would have done under similar circumstances, such as ignoring a red light and speeding through an intersection.
• Linking the breach to the injury: At this stage, you need to prove that the defendant’s failure to uphold their duty resulted in an accident that led to your injuries. Your legal team may need to gather evidence that links the defendant’s negligent behavior to the accident.
• Proof of damages: Finally, you need to show that the accident led to damages. With a personal injury case, these damages refer to the financial impact of your injury, such as medical expenses, lost income, and losses.

Do You Need an Attorney for Your Case?

If you’ve endured a TBI, consider seeking the help of an experienced lawyer. They can assist with:

• Identifying the cause of the injury
• Gathering evidence to prove negligence
• Negotiating with insurance companies or the responsible party on your behalf
• Represent you in court, if necessary

However, their skills and knowledge can be beneficial in many other ways. An attorney can assist with calculating the full extent of your current and future losses and needs. They will draft and process the required paperwork, allowing you to focus on your recovery.

Plus, you will never have to worry about missing out on compensation due to failing to meet Montana’s statute of limitations.

Reach Out for Help with Your TBI Claim

A Missoula traumatic brain injury lawyer will be ready to help you with every step of the legal process in Montana. When it comes time to find the right legal team for your case, contact Western Justice Associates, PLLC.

We have helped brain and head injury victims and their families recover compensation for their damages. Learn how our team can assist with your case.

Schedule your consultation today.