Did You Suffer a Brain Injury?
Protecting the Injured in Wisconsin & Minnesota
Eau Claire Brain Injury Attorneys
If you have been in an accident in Eau Claire that resulted in a brain injury, you are not alone. The
lawyers at Bye, Goff & Rohde know how frightening and disruptive these accidents can be. Our
attorneys can help you seek justice from negligent parties and secure compensation for your losses.
With over five decades of experience representing the people of Wisconsin, we can provide you with
exceptional legal representation. For a free case review with our Eau Claire brain injury attorneys, call
(715) 425-8161 or contact Bye, Goff & Rohde online.
What Counts as a Traumatic Brain Injury (TBI) and Why It’s So Serious
A traumatic brain injury occurs when the head suffers traumatic force or is penetrated by a foreign
object. Damage from this type of injury can cause bleeding in the brain, swelling, tearing, bruising,
and/or rupturing.
The Lasting Effects of a TBI
The extent of the damage you suffer often depends on how much trauma you have sustained. Because
different areas of the brain control different areas of the body, the affected area can impact what areas
of the body are most affected by the injury and what type of symptoms you have.
These injuries can also have a lasting impact on your life and cause physical, cognitive, emotional, and
social challenges. Families of brain injury victims may also be unsure how to provide support and care
during this difficult time.
The Brain Injury Association of Wisconsin provides a variety of resources for victims and their families to
help them through the immediate aftermath and road ahead. Our TBI attorneys in Eau Claire can also
provide invaluable support to help you get justice and ease your burden.
Signs, Symptoms, and Diagnosis: What to Watch for After a Head Injury
Warning signs of a brain injury can be delayed after an accident, which can make it easier to miss a TBI.
Since these conditions require swift action to minimize damage, it’s important to know what symptoms
to look for so you can get immediate medical care. Loved ones should also be aware of these warning
signs so they can get you medical treatment if you are unable to help yourself. Common symptoms can
include:
● Nausea and/or vomiting
● Headaches
● Fatigue
● Sleeping too little or too much
● Loss of consciousness
● Dizziness
● Dilated pupils and other vision problems
● Slurred speech and other verbal challenges
● Confusion and memory problems
● Mood and behavioral changes
● Sensory issues
● Seizures
● Numbness or weakness in the extremities
What to Do If You Experience or Notice TBI Symptoms
Any of the above symptoms can signal that a head injury was sustained in an accident, so be sure to see
a doctor immediately.
Doctors can perform the appropriate tests as soon as possible to understand the scope of the injury and
how to treat the specific circumstances you are dealing with. They can also closely monitor your
condition in the days, weeks, and months after your initial injury to prevent or quickly respond to
potential complications that could arise. Brain injuries can be unpredictable, so carefully following
medical advice is essential.
Common Causes of Brain Injuries in Eau Claire Accidents
Traumatic brain injuries can be caused by a variety of accidents if the event resulted in an impact to the
head. This is why it is important to receive a medical exam after an accident, even if your injuries seem
minor. Individuals can sustain brain injuries from the following types of accidents:
● Car accidents
● Motorcycle accidents
● Large truck accidents
● Slip and fall accidents
● Falling objects
● Acts of violence
● Explosions
● Sports accidents
● Workplace accidents
Every accident has a unique set of factors that impact the type of injury an individual may sustain and
how severe it may be. The cause of the accident can provide valuable information about what occurred,
what type of brain injury you sustained, and how it may affect you and your life.
How an Eau Claire Brain Injury Attorney Helps You Build a Strong Claim
A traumatic brain injury lawyer helps you build a strong claim by investigating the details of your
accident and gathering as much evidence as possible to support your claim and demonstrate the other
party’s liability. These cases can be complex, and our team uses customized strategies that are built to
meet the needs of your circumstances for favorable results. For example, our car accident lawyers can
handle your brain injury case differently than if your injury resulted from violence.
To better serve you and allow you to focus on your recovery and health, Bye, Goff & Rohde also
manages all of the logistics in your case. We ensure deadlines are met, paperwork is filled out and
submitted properly, and that your case is calculated accurately. Additionally, we communicate with
insurance adjusters and lawyers to make sure that your case is handled properly and that you are
compensated fairly. With us handling your case, you can rest assured that you are in good hands and are
supported.
Compensation in Wisconsin Brain Injury Cases: Damages and What
Impacts Value
Traumatic brain injuries can cause steep medical expenses and financial losses for victims and their
families. According to the Centers for Disease Control and Prevention (CDC), the treatment and recovery
cost of a non-fatal traumatic brain injury can range from $4,530 to $51,241, depending on whether or
not inpatient care is needed. These costs may also be higher if you require lifelong care and medical
support. When past or future lost wages or earning ability is also factored into the injury, the impact of
TBI can be financially devastating.
Economic and Non-Economic Damages
A victim’s losses are generally not limited to financial losses. These injuries can disrupt every area of
your life and cause an immense amount of suffering. All of these losses are considered and accounted
for when a brain injury lawyer in Eau Claire helps you determine how much your case may be worth and
what losses you may be able to recover. Any settlement you receive is likely to include the following
types of losses:
● Economic Damages: Losses covered by this type of compensation include those that have a
monetary value. These losses make up the majority of your compensation, and include medical
expenses, loss of wages or earning capacity, medical equipment and accommodations, in-home
care, rehabilitation, and other eligible costs.
● Non-Economic Damages: This type of compensation covers intangible losses such as your pain,
suffering, and trauma, as well as your emotional and psychological distress, inability to enjoy
activities, a decreased quality of life, and a loss of consortium or companionship.
To understand the full extent of your circumstances, a brain injury attorney in Eau Claire discusses your
condition and expenses with medical professionals to accurately evaluate your losses and develop a
lifecare plan if needed. Our team negotiates with all applicable parties to secure you a fair settlement
that can help you recover from your injuries as much as possible.
Punitive Damages
Punitive damages are generally reserved for cases that involve violence, gross negligence, or
recklessness. The purpose of punitive damages is to punish the wrongdoer for their actions so they do
not commit similar acts in the future.
In cases where this is applicable, punitive damages are awarded to victims in addition to their economic
and non-economic damages, and can help further offset their losses. Our Eau Claire TBI attorneys will
determine if this applies to your situation.
Wisconsin Deadlines and Legal Basics for Brain Injury Claims
Wisconsin imposes deadlines on victims so that their ability to file a claim is restricted to a reasonable
time frame. According to Wisconsin Statute § 893.54, victims must submit and resolve their claim within
three years of the date that the accident occurred. This is intended to provide enough time to initiate
and navigate a case while also ensuring that cases are resolved as swiftly as possible. The law also bars
individuals from pursuing compensation if they try to take action after the statute of limitations expires.
Additionally, resolving a brain injury also requires that you establish the other party’s negligence for
your accident in order to hold them accountable. This involves showing their obligations to you and your
safety, and contrasting that with the specific action or inaction they engaged in that caused your
accident and subsequent brain injury. If their fault is established, then they can be liable for your
damages. A brain injury attorney in Eau Claire can help you navigate these and other legal
considerations.
What to Do After a Brain Injury Accident
Medical attention is a top priority after a traumatic brain injury. Because these injuries may not be
immediately noticeable, doctors should run diagnostics and take scans of your brain to understand the
scope of your injury and treat it accordingly. It is important to keep records of your test results,
treatments, and medical bills, and show them to a brain injury lawyer in Eau Claire when you schedule a
consultation. Keeping journals can also help document how your injury affects your daily experience.
Contact Our Brain Injury Lawyers in Eau Claire, WI
Bye, Goff, & Rohde are here to support you in your time of need. We are committed to your health and
well-being, and can aggressively fight for you so you do not have to worry about how to pay for your
medical expenses and other losses. To request a free consultation, call (715) 425-8161 or contact Bye,
Goff & Rohde online.
Frequently Asked Questions About Traumatic Brain Injuries
How long after an accident can TBI symptoms appear, and does that hurt my
case?
Traumatic brain injuries can appear immediately or take weeks to appear. The stages of recovery from a
TBI can include primary and secondary damage, which refers to the initial injury and the aftereffects
that can accumulate and cause additional damage in the brain, such as swelling and inflammation. As
such, a brain injury attorney in Eau Claire can protect your claim by discouraging you from accepting
early settlements from insurance before you know the full extent of your injuries and expenses.
What if the insurance company says my brain injury is “just a concussion”?
Having your traumatic brain injury dismissed as a concussion by the insurance company can be shocking
and disheartening. A brain injury lawyer in Eau Claire can start by helping you understand insurance
companies and the tactics they use to avoid paying for your losses.
We can also help you fight back by ensuring that you have sufficient evidence and strong medical
records that show the extent of the damage you suffered and what medical treatments you may need to
recover properly. This information can show the insurance company just how serious your injury is, so
they can take your claim seriously and pay you a settlement that reflects your losses.
Can I still recover compensation if I was partly at fault for the accident in
Wisconsin?
When it comes to fault, all parties’ contributions are examined, including yours. Per Wisconsin Statute §
895.045, partial fault does not immediately disqualify you from recovering compensation. If your fault is
50% or less, then you may be able to recover damages that have been reduced by your percentage of
fault. Compensation is prohibited if fault contributions are 51% and above. A traumatic brain injury
lawyer in Eau Claire can help optimize your case for maximum recovery in these situations.
How are future rehab, in-home care, and lost earning capacity calculated in a TBI
claim?
Future rehab, in-home care, and lost earning capacity are very real concerns and considerations that you
may face when you have suffered a traumatic brain injury. To make sure that these expenses and
financial losses are included in your claim, a TBI attorney can talk to medical and financial experts, as
well as other professionals, to determine how much these losses may cost you over time.
We handle this for you and put together a detailed life care plan and demand letter that insurance
companies and opposing parties can review. One of the benefits of hiring a personal injury lawyer is that
skilled counsel can help you learn the full value
