Michigan Brain Injury Lawyer

A Michigan brain injury lawyer can help if you or a loved one suffered a serious head injury.  You are likely traumatized, frightened, and perhaps unsure of how to proceed.

Brain injuries often lead to profound emotional, physical, and financial challenges that may prevent a person from returning to work, even as medical bills accumulate. If your injury was caused by another’s negligent or reckless actions, you shouldn’t bear these costs alone.

By filing a claim for compensation, you may be able to recover damages that help to ease your financial strain and allow you to focus on your recovery.  Brain injury law requires your attorney be familiar with both the causes and effects of a closed head injury and brain damage in order to achieve the best possible result for you.

By enlisting a skilled and compassionate Michigan brain injury attorney at The Buckfire Law Firm, you will have help with each step of filing a brain injury claim for compensation.

Call a Michigan brain injury attorney today for your free case evaluation.  We do not charge any legal fees unless you win a settlement!

• Signs of a severe head injury
• Misconceptions about traumatic brain injuries
• Most common causes of head injuries
• Compensation in brain injury lawsuits
• Brain injury settlement example

Signs and Effects of a Traumatic Brain Injury (TBI)

A traumatic brain injury (TBI) is defined as a blow to the head or a penetrating head injury that disrupts the function of the brain. A TBI can result when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Not all injuries to the head result in traumatic brain injury, of course, and the severity of a brain trauma can range from “mild” to “severe.” A TBI can cause serious disabilities and have lasting or even permanent effects. It is important to recognize the signs, which may include:

• Persistent headaches or neck pain
• Coma
• Permanent brain damage
• Cognitive impairment
• Difficult remembering, paying attention, or making decisions
• Slowness in thinking, speaking, acting, or reading
• Getting lost or easily confusing
• Perception problems
• Feeling tired or lacking energy
• Sudden mood changes
• Blurred vision
• Ringing in the ears
• Decreased motor skills
• Changes in sleeping patterns
• Light-headedness, dizziness, or loss of balance
• Nausea
• Increased sensitivity to light, sound, or distraction

Our Michigan brain injury lawyers have worked with TBI victims for over 50 years.  We understand the impact of a brain injury on both the victim and family, in cases ranging from car accidents, other motor vehicle accidents, to slip and fall injuries.

Contact us for a free consultation and we will explain how our law firm can help you pursue settlement compensation in your traumatic brain injury case.

Severe Head Trauma Can Lead to Aphasia

Along with these and other symptoms, severe head trauma can result in aphasia. Aphasia is a traumatic brain injury condition that results from damage to the areas of the brain responsible for language.  Brain tissue can be damaged from a blow to the head.

For most people, this means the brain damage has occurred to the left hemisphere of the brain. This condition usually limits the ability of a patient to speak or communicate, although the degree to which a person’s language skills are affected will vary with each person.

Furthermore, concussions are the most common and least understood type of traumatic brain injury. A concussion occurs when the soft tissue of the brain is thrust against the hard bone of the skull. Concussions are particularly common among student athletes and youths who participate in recreational sports and activities.

The force of a blow or sudden movement affects the brain center controlling the blood vessels in the brain and creates a deficiency of blood supply to the brain. This can have a tremendous and long term impact on an individual’s life.

More immediately still, a brain injury may result in a coma. Because of the severity of these injuries, it is important for anyone who has suffered an injury to the head to seek medical attention immediately, as well as to contact an experienced Michigan brain injury lawyer for legal assistance.

Common Misconceptions About Severe Head Injuries

In cases involving traumatic brain injuries (TBIs), misconceptions about these injuries can create unnecessary challenges for victims. Many TBI victims may “look normal” outwardly but suffer from significant cognitive deficits that are not immediately visible. Here are the most common myths that both brain injury lawyers and medical professionals often need to clarify to demonstrate the true impact of a TBI:

• Myth 1: A person must lose consciousness for a brain injury to occur. This misconception has been disproven. Even a slight alteration in consciousness can be a sign of serious trauma. A person does not need to be “knocked out” to experience a brain injury.
• Myth 2: Brain injuries only result from direct head impact. Sudden, unexpected movements—like whiplash in a car accident—can cause the brain to collide with the inside of the skull, leading to damage. A direct blow isn’t necessary to cause significant harm.
• Myth 3: If an MRI or CT scan is normal, there’s no brain injury. Brain injuries can exist even if imaging results appear normal. TBIs often involve microscopic injuries that might not show up on standard scans, but can still have a profound impact on cognition and quality of life.
• Myth 4: Concussion symptoms appear right away. Symptoms may not show up immediately; they can emerge hours, days, or even a week after the injury.
• Myth 5: Most people recover within six months. While some people recover fully or partially within this period, many suffer lasting effects that require long-term treatment and may never completely resolve, even with rehabilitation.

The Risk of Seizures After a Traumatic Brain Injury (TBI)

Seizures after a traumatic brain injury (TBI) can present at various stages, depending on the type and severity of the injury. These are generally classified as:

• Immediate or Impact Seizures: These occur at the time of injury, often as a direct response to the initial trauma.

• Early Seizures: These happen within days to weeks post-injury, with roughly 10% of TBI patients experiencing an early seizure—half of which occur within the first 24 hours.

• Late Seizures: These can arise months or even years after the injury, with the likelihood increasing based on the injury’s severity. For example, the risk is approximately 2% for mild TBIs, 4% for moderate, and over 15% for severe cases. Most late seizures occur within the first two years after a TBI.

Types and Mechanisms of Head Injury

Head injuries are classified based on the extent and type of trauma sustained:

• Severity: Injuries are commonly categorized as mild, moderate, or severe. Mild injuries typically involve no visible brain damage or skull fracture, while moderate to severe injuries are more likely to involve neurological symptoms or skull fractures.

• Type: TBIs can be classified as closed (blunt trauma) or open (penetrating trauma). Closed injuries occur when the head suffers impact without penetration, potentially causing internal shearing of blood vessels and nerve fibers. Open injuries, where the skull is fractured and foreign material enters the cranial cavity, are particularly dangerous and require complex treatment.

Preventing Post-Traumatic Epilepsy

Seizures following a head injury—termed post-traumatic epilepsy (PTE)—can complicate recovery significantly, particularly when there are multiple areas of brain trauma. Preventing these seizures starts with proper safety measures, such as the use of helmets and seat belts, which greatly reduce the risk of TBIs in high-impact situations like sports, cycling, and motor vehicle accidents.

Due to the complexity of brain injuries and potential post-traumatic epilepsy, accurate diagnostic evaluations are crucial. TBIs often impact more than one area of the brain, each capable of generating seizures. Therefore, a comprehensive treatment plan is essential for addressing and managing seizures after a traumatic brain injury.

The Glasgow Coma Scale

It’s important to assess the amount of damage that has been done when an individual suffers a traumatic brain injury — both for their personal health, as well as for a brain injury attorney to calculate the extent of their client’s losses for a claim.  To do this, doctors and physicians use a scoring system known as the Glasgow Coma Scale, which measures the level of consciousness in a person based on a variety of different responses.

This tool has proven to be a reliable way for medical professionals to instantly gain an understanding of what type of brain injury they may be dealing with. This is also an effective tool for our attorneys to understand better the level of trauma that has occurred. The Glasgow Coma Scale measures three factors and scores them accordingly based on the level of response.

Medical professionals use the aggregate scores of this test to assess the level of damage to a person’s brain. By adding the 3 scores, the injury can be classified.

• Severe Brain Injury: GCS 3-8
• Moderate Brain Injury: GCS 9-12
• Mild Brain Injury: GCS 13-15

It is important to note that the Glasgow Coma Scale is used for adults who suffer from brain injuries. For children, a modified version of the GCS is used to test for traumatic brain injury.

The Common Causes of Traumatic Brain Injuries

A brain injury can occur from any number of circumstances. In Michigan, common causes of brain injuries include:

• Trips and falls: Falls are a leading cause, particularly among older adults and workers on job sites.
• Motor Vehicle Accidents: Including cars, buses, trucks, and motorcycles
• Bicycle Falls: Brain injuries can result from falls off bicycles, even with helmet protection.
• Pedestrian Incidents: Such as a person being struck by a vehicle
• Sports and Recreational Injuries: Contact sports, extreme sports, and other recreational activities are common sources of TBIs.
• Construction Site Incidents: Head injuries can result from falls, slips, or being struck by falling objects.
• Police Beatings: Injuries sustained from physical encounters with law enforcement can lead to brain trauma.
• Physical Assaults: Physical assaults, including domestic or public altercations, are frequent causes of brain injuries.

Often, these incidents are the result of someone’s careless or reckless action or inaction. Other times, it is due to directly malicious behavior. Even when the cause of a brain injury is an accident, like a car accident,  the victim may have a legal right to pursue compensation from an at-fault person, business, or other entity.

Therefore, a Michigan brain injury lawyer will assess the facts of an incident that led to a brain injury in order to determine fault.

TBI-Related Death Statistics

According to the Center for Disease Control and Prevention, there were 214,110 TBI-related hospitalizations in 2020, and 69,473 TBI-related deaths in 2021. There are approximately more than 586 TBI-related hospitalizations and 190 TBI-related deaths per day. 

People age 75 and older had the highest rates if TBI-related hospitalizations deaths, accounting for about 32% of TBI-related hospitalizations and 28% of TBI-related deaths.  

The line chart below shows the number of TBI-related deaths per month from 2018-2023.

According to the data, February and April see the lowest TBI-related deaths on average, while August and October see the most TBI-related deaths. 2018 had the fewest over all TBI-related deaths, while 2022 saw the highest, though the data shows 2023 experienced a 5% drop from the previous year.  

Can I Sue for a Concussion Injury?

Yes, you may be eligible to file a lawsuit for a concussion injury if it resulted from someone else’s negligence. Concussions, a form of mild traumatic brain injury, can significantly impact your physical and mental well-being, sometimes with long-lasting effects. If you suffered a concussion from a car accident, slip and fall, or another incident, you may have the right to pursue compensation. Here’s what you need to know:

• Establishing Negligence: To seek compensation, it’s essential to prove the at-fault party’s negligence. This involves showing that they had a duty of care to prevent harm, that they breached this duty, and that their actions or inactions led directly to your injury.

• Demonstrating Damages: Compensation for a concussion injury can cover various damages, including medical expenses, lost wages, pain and suffering, emotional distress, and loss of quality of life. The amount typically depends on the severity of the concussion and the length of required treatment.

• Collecting Evidence: To build a solid claim, gathering evidence is crucial. This includes medical records, paystubs, eyewitness testimony, and expert medical evaluations. Immediate medical attention can also strengthen your case by clearly linking your symptoms to the incident.

• Potential Settlement Values: Settlements for concussion injuries can range widely based on the individual case. However, in severe cases, settlements can be significantly higher.

Our experienced Michigan brain injury lawyers at Buckfire Law Firm have a strong track record of securing substantial settlements for concussion and traumatic brain injury victims. Reach out to us today for a free consultation to see how we can assist you in obtaining the compensation you deserve.

Getting Compensation for a Michigan Traumatic Brain Injury

A traumatic brain injury victim can claim for compensation for a number of economic and non-economic damages. These might include medical expenses, pain and suffering, loss of enjoyment of life, lost wages, decreased earning capacity, and loss of consortium.

However, before these and other damages can be collected, an injured plaintiff must first be able to prove that an at-fault party was negligent. The legal process of doing this is often complex and involves establishing a defendant’s legal duty and breach of this duty, as well as how this breach resulted in the claimant’s injuries.

For example, if a motorist was texting while behind the wheel, this would be a breach of their duty to drive reasonably and safely. Therefore, if this breach—their distraction—caused them to hit a person while they were walking or driving, that person would have strong legal grounds for a claim.

By enlisting well-versed Michigan brain injury lawyer, an injured individual can hold an at-fault individual responsible for covering their damages in Michigan. Our Michigan  personal injury law firm has helped people who have suffered a brain injury, and their families, pursue compensation since 1969. Our award winning personal injury lawyers  have achieved great results in brain injury cases and will do the same for you.

Examples of Michigan Brain Injury Settlements

• $ 7,500,000 traumatic brain injury settlement for a child pedestrian hit by a car
• $ 6,000,000 brain injury settlement for a fall due to a defective handrail
• $ 5,275,000 closed head injury settlement in a semi-truck crash
• $ 3,250,000 settlement for a brain injury suffered in a motorcycle accident
• $ 1,425,000 jury verdict in a slip and fall lawsuit that resulted in a mild TBI

Michigan Brain Injury Case Study

An emergency room physician was seriously injured in a rear-end car accident. His vehicle was struck at high speed while waiting to turn left at a stop light.

The negligent driver was cited for failing to stop within the assured clear distance ahead.

The injured plaintiff suffered a traumatic brain injury and other injuries. His brain injury prevented him from returning to work and he suffered a substantial loss of income. His lifestyle was also changed and his relationships were affected by his injuries.  He also required extensive medical care and rehabilitation.

The case was settled for $1.93 million for claims related to his pain and suffering and excess economic loss. His medical bills and other expenses were also paid.

No-Fault Insurance in Michigan

If the victim of a brain injury was a motorist, cyclist, or pedestrian, there is a chance they could instead seek compensation through Michigan’s no-fault insurance system. Unlike a civil lawsuit, a claimant does not have to prove that another motorist or individual was responsible for their damages in order to recover damages.

Insurance companies are famous for denying claims of TBI victims.  The insurer will often hire its own doctor to perform an independent medical examination or IME.  These doctors are paid great sums of money by insurance companies to give opinions to support a denial of payment for medical treatment.

Our personal injury law firm has battled insurance companies and their doctors on a regular basis since 1969.  We know their tricks and how to defeat them.

Contact our experienced Michigan brain injury attorneys today if your claims have been wrongfully denied.  We will start working on your injury case immediately.

Brain Injury Awareness Month

A brain injury can happen anytime, anywhere, to anyone. In fact, these severe injuries are more common today than ever before, contributing to 30 percent of all deaths. Due to this reason, you and your loved ones should learn more about awareness and advocacy in the community.  Traumatic brain injures affect the entire family.

March is marked as Brain Injury Awareness Month. The public can get involved with several initiatives and advocacy events to help promote brain injury awareness during this month.

Call a Michigan Brain Injury Lawyer for Help

Suffering a traumatic brain injury may force a person out of work despite the need for extensive medical treatment and assisted living care. This might make a person feel as though their situation is hopeless. However, you have legal options if you or a loved one was involved in an incident.

Navigating the claims process and legal system to seek compensation can be confusing and difficult for under-prepared claimants.  Brain injury law is very complex and it is essential to have and experienced Michigan brain injury attorneys on your side.

A tenacious and seasoned Michigan brain injury lawyer at The Buckfire Law Firm will explain your rights, investigate your circumstances, and work to build a claim that suits your needs.

Call one of our award-winning Michigan brain injury lawyers to get started on your free case evaluation. We charge no legal fees unless you win a settlement!

Michigan Brain Injury Lawyer  Resources

• Brain Injury Association of America
• Center for Disease Control (CDC)
• Michigan Brain Injury Association

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: Nov., 2024