Wisconsin Brain Injury Attorneys

A brain injury can affect many aspects of life, including memory, concentration, behavior, and mood. These changes can place significant strain on families and disrupt daily routines. There is often a financial impact as well, as treatment may be long-term and costly. Throughout Wisconsin, these injuries can arise from motor vehicle collisions, falls, workplace accidents, medical errors, and other incidents involving head trauma.

If your brain injury was caused by someone else’s negligence, you may be entitled to pursue compensation. This allows you to hold the responsible party accountable while addressing the injury’s financial and personal impacts. Compensation may include medical expenses, pain and suffering, lost wages, and the psychological effects of the condition. The brain injury attorneys at Bye, Goff & Rohde have represented injured individuals across Wisconsin since 1974.

We understand the legal framework behind these claims and take a trial-ready approach to every case, helping you pursue compensation that reflects the full extent of your condition. For a free case review, call (715) 425-8161 or contact our law offices online.

Common Causes of Brain Injuries in Wisconsin

While brain injuries often result from sudden impacts or blows to the head, this is not always the case. Our brain injury attorneys regularly represent clients who have been injured in circumstances such as:

• Motor Vehicle Accidents: Car wrecks, motorcycle accidents, and semi-truck accidents can cause the brain to move within the skull, leading to a concussion or more serious traumatic brain injury.
• Slips, Trips, and Falls: Falls on hard surfaces, including from height such as ladders, stairs, or scaffolding, are a leading cause of head injury, particularly where there are unsafe conditions or inadequate maintenance.
• Workplace Incidents and Defective Equipment: Accidents involving machinery, falling objects, or unsafe working practices can lead to serious brain injuries. This risk increases where safety equipment is missing, defective, or not properly maintained.
• Medical Negligence and Birth Injuries: Brain injuries may result from surgical errors, delayed treatment, oxygen deprivation, or complications during labour and delivery, sometimes leading to long-term neurological damage.

If negligence played a role in your head injury, our legal team can help you pursue compensation that fully accounts for the losses you and your family have experienced. 

How Liability Is Determined in Brain Injury Claims

Brain injury cases in Wisconsin are typically based on negligence. To pursue a claim, the following elements must be established:

• Duty of Care: The other party had a responsibility to act in a reasonably safe manner.
• Breach of Duty: That responsibility was not met.
• Causation: The breach directly led to the injury.
• Damages: The injury resulted in measurable harm, including physical, financial, or psychological impact.

Potentially liable parties may include: 

Other Motor Vehicle Drivers

Other drivers who operate vehicles carelessly or fail to follow traffic laws may be held accountable for collisions that result in severe head trauma. Even minor car or motorcycle accidents on busy roads like Clairmont Avenue can result in brain injuries including concussions. In most situations involving a motor vehicle accident, the auto insurer would be the one being sued for injury damages. 

Employers, Contractors, and Site Operators

In workplace environments, responsibility may extend beyond an employer. Contractors or site operators may be liable where unsafe working practices or conditions contributed to the incident.

Property Owners and Occupiers

Those responsible for maintaining premises may be liable where unsafe conditions, such as poor lighting or uneven surfaces, lead to a fall and resulting head injury.

Manufacturers and Equipment Providers

Where machinery or safety equipment fails to function properly, the parties involved in its design, manufacture, or supply may be responsible.

Medical Professionals and Providers

Liability may arise where errors in treatment, delayed diagnosis, or failures in care lead to avoidable brain injury.

In some cases, responsibility may rest with more than one party. The brain injury attorneys at Bye, Goff & Rohde ensure all liable parties are identified, and all available avenues of compensation are pursued.

Steps to Take Following a Head Injury

All head injuries are medical emergencies. The actions you take after being injured have a significant impact on both your health and any potential legal claim. Consider taking the following steps: 

Seek Immediate Medical Attention

Even if the injury seems minor, a medical assessment is important. Brain injuries are not always immediately apparent and symptoms may vary or change over time, and early evaluation can help identify issues before they develop further.

Pay Attention to How You Feel Over Time

Head trauma symptoms do not always appear immediately or with consistent patterns. Headaches, confusion, memory problems, or changes in behaviour may develop much later or sporadically following the accident. Noting when symptoms begin and how they progress can be important.

Follow Medical Advice and Attend Appointments

Ongoing care may involve scans, specialist input, or therapy. Attending appointments and following recommendations helps build a clear record of your condition and supports your recovery.

Keep a Record of the Changes You Experience

A brain injury can affect concentration, mood, sleep, and your ability to carry out daily tasks. Keeping track of these changes can help demonstrate how your condition is affecting your life over time.

Take Care Before Discussing the Claim

Early contact from insurers or settlement offers may not reflect the full extent of your condition. It is important to understand how your injury is developing before making any decisions.

Once your health has been assessed, you should consider contacting a brain injury attorney. The legal team at Bye, Goff & Rohde with offices in River Falls, Eau Claire, and La Crosse can ensure that your symptoms, treatment, and long-term needs are properly documented, while positioning your claim to reflect the full impact on your life.

Types of Brain Injuries We Handle

We represent clients across Wisconsin who have experienced a range of neurological injuries, each with its own challenges and long-term impact. These include:

• Concussions and Mild Traumatic Brain Injuries: Often described as less severe, these injuries can still result in ongoing symptoms such as headaches, dizziness, confusion, and difficulty concentrating. In some cases, symptoms persist well beyond the initial incident.
• Moderate to Severe Traumatic Brain Injuries: Caused by a significant blow or jolt to the head, these injuries may affect memory, coordination, speech, and overall cognitive function, sometimes leading to long-term impairment.
• Brain Contusions, Bleeding, and Diffuse Injuries: Bruising, bleeding, or widespread damage within the brain can place pressure on surrounding tissue and disrupt multiple areas of function.
• Anoxic, Hypoxic, and Other Acquired Brain Injuries: These injuries occur when the brain is deprived of oxygen or affected by medical complications such as a stroke, infection, or delayed treatment, and can result in lasting neurological damage.
• Penetrating and Catastrophic Head Injuries: Injuries involving objects entering the skull, or severe trauma to the head, are often life-altering and may result in permanent disability.

Whatever type of injury you have suffered, our brain injury lawyers are here to support you. With decades of experience handling these claims, we work with leading medical professionals to define the full extent of your condition and pursue the maximum compensation available under Wisconsin law.

Compensation for the Long-Term Impact of a Brain Injury

A serious neurological injury can affect how you work, interact with others, and manage everyday activities. The following factors should be considered when assessing compensation:

Cognitive and Behavioral Changes

Brain injuries can affect memory, focus, decision-making, and behaviour. Over time, this can affect relationships, confidence, and independence. 

Ongoing Treatment and Rehabilitation

Recovery rarely ends with the initial hospital stay. Many people need continued care, including neurological input, therapy, and structured rehabilitation. Compensation should account for both current treatment and future care needs.

Impact on Work and Income

A brain injury can make it harder to return to the same role, especially where concentration, communication, or decision-making are affected. Some people change roles, reduce hours, or stop working altogether. Compensation may reflect both immediate financial loss and longer-term changes to earning potential.

Support and Adjustments Over Time

Changes in function can mean needing extra help or adapting how you live and work. This may involve support from family members, carers, or support workers, as well as structured routines, reminders, or supervision to manage everyday responsibilities. Compensation can include the cost of this ongoing support.

Our brain injury attorneys ensure that the compensation pursued fully reflects the broader impact on your independence and your family.

Laws That Can Affect Your Brain Injury Claim in Wisconsin

Certain legal principles govern how compensation is pursued for neurological injuries. Key considerations include:

Negligence

This requires showing that another party failed to exercise reasonable care and that this failure caused the injury. Establishing this link can be tricky in brain injury cases, where symptoms may develop over time or are not immediately visible.

Comparative Fault

Wisconsin follows a comparative fault system, meaning responsibility can be shared between parties. If you are found partially at fault, any compensation may be reduced accordingly. If you are more than 50% responsible, you may not be able to recover damages.

Statute of Limitations

The state of Wisconsin has strict time limits for filing a personal injury claim. In most cases, you have three years from the date of the incident to file. Failing to act within this period may prevent you from recovering compensation.

Third-Party Liability

Some incidents involve more than one responsible party. In workplace cases, this may include contractors, equipment providers, or site operators in which unsafe conditions or safety failures contributed to the injury. Identifying all liable parties is important where long-term care and rehabilitation needs are involved.

The brain injury lawyers at Bye, Goff & Rohde can ensure these legal principles are applied appropriately to your case and that your claim is filed within the required time limits. 

Why Wisconsin Residents with Brain Injuries Choose Bye, Goff & Rohde

After a serious head injury, you need an attorney who understands both the immediate challenges and long-term impact on your life. 

Injury victims in Wisconsin turn to Bye, Goff & Rohde because we offer:

Direct Access to a Brain Injury Attorney

You will work with an experienced attorney who understands the complexities of these cases. Clear advice, regular updates, and consistent communication are provided throughout your claim.

A Trial-Ready Approach

As Board Certified Trial Lawyers, our attorneys prepare every case for the possibility of trial. This strengthens your position during negotiations and ensures your claim is supported by evidence that can withstand scrutiny in court.

Decades of Experience in Catastrophic Injury Cases

Since 1974, Bye, Goff & Rohde has represented injured individuals and families across Wisconsin. We understand the long-term effects of brain injuries, including ongoing care, rehabilitation, and changes to daily life, and approach each case with a focus on securing outcomes that reflect those realities.

Frequently Asked Questions About Brain Injuries

We prioritize clear communication and transparency. Below are some of the most common questions we receive from Wisconsin clients about neurological injuries.

What evidence can support a brain injury claim?

Claims are typically supported by medical records, imaging such as CT or MRI scans, and reports from specialists. Evidence may also include documentation of symptoms over time, witness statements, and information showing how the injury has affected your ability to work and function.

Do I have to appear in court?

Many brain injury claims are resolved without a trial. If your attendance is required, the court can often allow video testimony, recorded evidence, or adjusted scheduling based on your condition. The legal team at Bye, Goff & Rohde will request appropriate accommodations and handle the process to make it as manageable as possible.

What if the brain injury is permanent?

If the injury results in long-term or permanent effects, compensation should reflect the ongoing impact on your life. This may include future medical care, loss of earning capacity, and ongoing support.

How much does it cost to hire a brain injury attorney in Wisconsin?

Most claims are handled on a contingency fee basis. This means there are no upfront legal fees, and your attorney is only paid if compensation is recovered. Details of our fee structure can be explained during your free initial consultation.

Schedule a Free Consultation with a Wisconsin Brain Injury Attorney

If you or a family member has suffered a brain injury in Wisconsin, you can speak with an attorney at Bye, Goff & Rohde at no cost. This initial consultation gives you the opportunity to discuss what happened, ask questions, and gain a clearer understanding of your legal options. Getting early advice can make a difference in how your claim is prepared and supported. To learn more about your next steps, call (715) 425-8161 or contact our law offices online.

 

Frequently Asked Questions

What is the Statute of Limitations for Brain Injury Claims in Wisconsin?

In Wisconsin, the statute of limitations for filing a personal injury claim, including those resulting from brain injuries, is generally three years from the date of the incident. This timeframe can vary depending on the specifics of the situation, such as the discovery of the injury or if the claim involves minors. It is crucial to initiate legal proceedings within this period to protect your right to seek compensation. Consulting with a qualified brain injury attorney in Wisconsin as soon as possible helps to ensure that all deadlines are met, and your claim proceeds without unnecessary delays.

Can I Still Claim Compensation if I am Partially at Fault?

Yes, Wisconsin’s comparative negligence law allows you to claim compensation even if you are partially at fault, provided your fault is less than the other party’s. The compensation you receive may be reduced by your percentage of fault. Our brain injury lawyers in Wisconsin will work to demonstrate that your involvement was minimal and to maximize your potential settlement. By gathering comprehensive evidence and presenting robust legal arguments, we strive to tip the scales in your favor.