A traumatic brain injury can happen after a range of different accidents, from a car crash to a slip-and-fall incident. Feeling disoriented or nauseated can signal anything from a minor concussion to a life-threatening condition, so it’s vital that you get medical attention right away. If someone else is to blame, you may need a skilled La Crosse brain injury lawyer to help you build your case.

At Bye, Goff & Rohde, our attorneys are ready to identify those at fault and seek justice for you. We begin with a free consultation so you can get answers and decide how to move forward. To request a free consultation, call (715) 425-8161 or contact Bye, Goff & Rohde online.

Common Causes of Brain Injuries in La Crosse

Some activities, including recreational sports, put you at a higher risk of suffering a traumatic brain injury (TBI). However, the list of common causes is larger than you might expect and includes the following:

Victims may also suffer TBIs from medical malpractice, nursing home neglect, trampoline accidents, and water-related mishaps. Suffering a TBI after falling from a ladder or other structure on someone else’s property may lead to a premises liability claim if they didn’t warn you or take care to fix a known structural problem. You may also develop a TBI after a recreational accident, which could involve a government agency if it happens on public land.

Signs and Symptoms of Concussion and TBI After an Accident

According to the Mayo Clinic, these are the common signs and symptoms of a mild concussion or TBI after an accident:

Sensitivity to light or noise
Issues with vision or hearing
Nausea or vomiting
Headaches
Feeling tired or sleepy all the time
Difficulty balancing or walking
Concentration problems
Difficulty communicating or understanding others
Feeling foggy or confused
Changes in behavior, such as feeling more angry or emotional than usual

For a moderate to severe concussion or TBI, the Cleveland Clinic notes that you may experience any of the above symptoms as well as:

Coma
Passing out
Extreme confusion
Loss of muscle coordination
Seizures
Difficulty recognizing people and places

What to Do After a Suspected Brain Injury

If you or your loved one has any accident that involves unexpected contact with the head, there is a risk of a brain injury. The first and most important job is to get medical care to diagnose possible brain damage or rule it out. Not only can a quick diagnosis lead to potentially life-saving treatment, but it also establishes a link between the accident and your injuries.

You should also follow your doctor’s orders for additional scans, keeping a journal of your appointments and progress. This creates a larger foundation for demonstrating the impact of your injury on your life. When you speak with a TBI lawyer in La Crosse from our firm, we can advise you on other actions to take.

Having those records, and others outlining the extent of your treatment, gives you power during what could be frustrating calls with insurance companies. Often, insurance companies don’t have your best interests in mind. However, with solid documentation of your condition and projected treatment costs, you and your brain injury attorney can argue more forcefully for full compensation.

How a La Crosse Brain Injury Claim Works

Your brain injury lawyer will begin by asking for details about your accident, including all potential at-fault parties. Even if you played some part in your injury, you may still have the right to seek compensation if others carry a greater share of the blame. Once they determine if your case seems strong, your brain injury attorney in La Crosse will begin assembling all available evidence that can support your claim.

Documentation and Evidence

Your attorney can use any documentation you bring, such as photos taken at the time of the accident, and pair it with additional materials they collect. This might include expert testimony, maintenance records, training logs, and any other material explaining what occurred. They can negotiate with insurance adjusters or opposing counsel to reach a fair settlement by establishing who is at fault.

Ideally, your TBI lawyer can secure a satisfactory compensation amount without going to trial, but if that becomes necessary, the team at Bye, Goff & Rohde is ready. We let other parties know we mean business and won’t back down when it comes to getting the financial relief you deserve.

Demonstrating Who Is at Fault

Your La Crosse traumatic brain injury lawyer will use prepared evidence to establish negligence by other parties, through showing these four elements:

Duty of Care: Your attorney uses evidence to show that another party owed you a duty of care to prevent harm to others. This might include driving safely without alcohol impairment.
Breach of Duty: Your TBI lawyer in La Crosse will then show how the at-fault party breached (failed) their duty through their actions or inactions, to keep others safe. For example, in a car accident, this might involve using police crash reports and citations indicating a driver was drunk when they hit your vehicle.
Causation: Your lawyer must show a direct connection between your TBI and the defendant’s breach, using evidence such as videos, photos, accident reconstruction reports, and eyewitness statements. This establishes that you were hurt because the other party acted negligently.
Damages: At this point, your brain injury attorney can present your compensation demands, which declare the total value of your economic and non-economic damages resulting from your TBI.

Even if the other side argues that you are partly at fault, your La Crosse traumatic brain injury lawyer will work to reduce any impact this has on your case. The comparative negligence model can also work in your favor if multiple parties contributed to your injuries. Your attorney can explain how this legal concept may affect your claim.

Damages in Wisconsin Brain Injury Cases

When you can show a negligent person caused you harm in a personal injury claim, you have the right to seek compensation for everything the injury has cost you. This includes losses with a financial aspect (economic) and those that are more intangible, such as your pain and suffering (non-economic). Here is a list of common damages a brain injury attorney in La Crosse might seek in your case:

The full cost of your initial medical treatment, including ER, ICU, diagnostic, and surgical fees
All of your follow-up visits and specialist care
Rehabilitation costs for physical, mental, speech, and vocational recovery
The value of your lost income during your recovery
The value of your lost earning capacity if you are permanently or partially disabled from work
The projected cost of your long-term or lifetime care needs
The loss of consortium (intimacy) with your spouse or partner
The diminished quality of life after a brain injury
Compensation for depression, anxiety, and other emotional health issues you may develop

You may suffer serious injuries and be able to fully recover after several months or years. However, many accidents that lead to TBIs are considered catastrophic injuries, in that they severely limit your overall health and often reduce your lifespan.

Catastrophic Injuries vs. Serious/Severe Injuries

What is the difference between a catastrophic injury and a standard injury? A catastrophic injury causes disfigurement or disability, disrupts your daily life, requires extensive medical care, and affects your ability to support yourself. There is a lower likelihood that you will live, and if you do, you will probably need round-the-clock care.

TBIs and other catastrophic injury claims often result in higher settlement amounts simply because the victim’s costs are dramatically increased. If you initiate an insurance claim against the at-fault party, there is a strong chance that the policy limit may not be enough to pay your damages. In those situations, your La Crosse brain injury lawyer may advise you to move directly to a personal injury lawsuit for maximum recovery.

Deadlines and Timing: When to Take Action in Wisconsin

At Bye, Goff & Rohde, we encourage all personal injury clients to act quickly to secure legal representation for their claims, since there are important deadlines you must follow for success.

In Wisconsin, the statute of limitations (Wis. Stat. § 893.54) only allows three years to file a lawsuit in most instances. If there are certain extenuating circumstances, such as the involvement of a minor child, you may have more time, but it’s not guaranteed.

Gathering evidence, building your case, and preparing it for trial can take many months, so the longer you wait, the less advantage you may have. You may also overlook valuable actions that strengthen your claim if you wait too long to speak with a La Crosse traumatic brain injury lawyer.

Why Hire Bye, Goff & Rohde for a La Crosse Brain Injury Case

Your La Crosse traumatic brain injury lawyer at Bye, Goff & Rohde will speak with you to assess your case, then investigate fully to determine who is at fault. We will collect evidence, interview witnesses, engage experts, and request records that establish negligence when possible. We will also calculate the full value of your claim, which can be substantial for traumatic brain injuries.

Throughout the process, your TBI lawyer will update you on what’s happening and adjust your case based on changing details of your injury. Our goal will be to secure the maximum compensation available in the shortest time possible, but we will never sacrifice the resources you need just to close a case quickly.

Contact Our Brain Injury Attorneys in La Crosse, WI

We treat you with dignity and respect, honoring the dramatic life changes that result from a TBI. You can rely on honesty and fairness from our attorneys as they stand by your side every step of the way. We dedicate every day to serving the vulnerable and hurt against unfeeling insurance companies and liable parties. To arrange a free consultation, call (715) 425-8161 or contact Bye, Goff & Rohde online.

Frequently Asked Questions About Traumatic Brain Injuries

Can concussion/TBI symptoms show up hours or days after the accident?

Yes, it’s common for injured individuals to seem fine immediately after an injury, only to experience concussion or TBI symptoms several hours or days later. Typically, if you or your loved one seems dizzy, faint, confused, or has difficulty with seeing, hearing, speaking, or moving, see a doctor right away.

What if my brain injury happened at work—do I have a workers’ comp claim, a personal injury claim, or both?

The Wisconsin Department of Workforce Development notes that you most likely have a workers’ compensation claim for damages if your traumatic brain injury happened while you were working. In some cases, you may also have a personal injury claim, through a third-party lawsuit, against any person or company that caused or contributed to your injury.

It’s possible to receive compensation from both the workers’ comp claim and the third-party action, but there may be complications. Consult with your La Crosse brain injury lawyer to understand the specifics of your situation.

How does Wisconsin’s comparative negligence rule affect brain injury compensation?

According to Wis. Stat. § 895.045(1), your settlement may be lower than your requested damages, based on any fault you carry in the accident that caused your traumatic brain injury. This is due to the modified comparative negligence rule that prevents you from recovering any compensation if you are more than 51% at fault. If you are 20% to blame, your compensation will be 20% less.

Can a spouse or family member pursue a claim if the injured person can’t make decisions?

Yes, if you are incapacitated and can’t choose to initiate a claim, your spouse or children can file an insurance claim or lawsuit on your behalf. If your loved one passes away from their injury, certain family members can seek wrongful death damages for the medical costs, funeral expenses, loss of your financial support, and loss of companionship under Wis. Stat. § 895.04. They can receive up to $350,000 for a spouse and up to $500,000 for a minor child for loss of consortium.

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