If you’re based in Oregon and looking for legal assistance in relation to a brain injury, choose Herron Law.
With 28 years of personal injury experience, the legal experts at Herron Law will help you understand what to do following a brain injury and how we can help.
Table of Contents:
Why Choose Herron Law?
With almost 30 years of experience across all Oregon courts, Herron Law is one of the most successful and widely respected personal accident lawyers in the state.
As well as brain injury claims, we also cover motoring claims like car accidents, motorcycle accidents, and other personal injury claims like child injury.
At Herron Law:
- Our lead attorney, Bart Herron, is among the Top 2% of lawyers in the US according to LinkedIn.
- We offer 100% free consultations.
- We won’t charge a fee until you win.
Still not sure? See what our 2,000+ other clients have had to say about our service.
What Is Traumatic Brain Injury?
Traumatic Brain Injury (or TBI) is classed as any disruption of normal brain function caused by an external force like a bump, blow, or sudden jolt to the head.
TBIs are a leading cause of disability and death in the US, commonly resulting from falls, motor vehicle accidents, assaults, or as a result of high-impact sporting injuries.
Specific types of TBI include:
- Blunt/Closed Head TBI: Impacts that cause the brain to bounce or twist inside the skull.
- Penetrating TBI: Injuries caused by objects that pierce the skull and enter brain tissue.
- Concussion: A TBI that temporarily affects brain cells without the loss of consciousness.
Traumatic Brain Injuries (TBIs) are also classified by severity, with mild being considered as brief changes in mental status or consciousness. Moderate includes the loss of consciousness for minutes to hours or lasting confusion.
Severe includes extended periods of unconsciousness, coma, or profound long-term neurological damage.
Common Causes of Traumatic Brain Injury
Any strong impact against the head or penetration of the skull can cause Traumatic Brain Injuries.
Listed below are some of the most frequent situations in which a TBI is likely to occur:
- Falls: Falls account for many TBI-related hospitalizations. They are the leading cause for both young children and older adults.
- Motor Vehicle Crashes: Motor vehicle crashes can involve cars, motorcycles, bicycles, and pedestrian incidents.
- Firearms: This is a major cause of many highly lethal penetrating head injuries. Firearm-related incidents are the most common cause of TBI-related death in the US.
- Assaults: Assaults often include intimate partner violence, physical altercations, or child abuse. Shaken baby syndrome is a common form of TBI in infants.
- Sports & Recreation: Contact sports like football, soccer, and hockey can result in concussions that account for a lot of mild TBIs among children.
- Explosions and Blasts: Blast traumas are common injuries among active-duty military personnel.
What Are the Steps in a Brain Injury Lawsuit in Oregon?
The steps of a Brain Injury Lawsuit in Oregon mainly take place through six main steps. These include:
- Medical Treatment and Evidence Gathering: Before any evidence is gathered, it’s important to seek immediate medical attention to document the injury and make sure the victims are safe. Next, collect evidence like accident reports, medical records, and witness details, then document any daily symptoms, medical bills, and lost wages for compensation later.
- Legal Investigation and Claim Filing: Consult a specialized personal injury attorney to evaluate your case. Your attorney will investigate the incidents, identify any at-fault parties, and then help you file a preliminary claim with the offending party’s insurance company.
- Settlement Negotiations: Your attorney will send a demand package outlining your damages. Your insurer will then review the demand, investigate, and respond. Eventually, both parties will negotiate and reach a fair settlement.
- Filing a Lawsuit and Discovery: Your attorney will help you file a formal complaint and summons with the Oregon County Court. It’s important to make sure you file within the standard two-year statute of limitations for Brain Injury cases under Oregon law. You’ll then enter the discovery phase to exchange documents and take depositions.
- Mediation: You’ll next need to take part in court-ordered or voluntary mediation to attempt a settlement. A neutral mediator helps both sides find a compromise to avoid going to trial if possible.
- Trial: If a case goes to trial, your attorney will present arguments, expert testimony, and evidence in front of a judge or jury. The jury will determine fault, and your fault will be calculated to determine how much compensation will be awarded. Both parties are allowed to file an appeal in the event of a ruling they believe was unjust; however, this can extend the timeline for the appeal proceedings further.
What Evidence Is Needed for a Traumatic Brain Injury Claim?
For a traumatic brain injury to receive a fair settlement or succeed in court, evidence is required. To get the best claim for your injury, you must have the right evidence.
The most important evidence to gather before your claim includes:
Medical Evidence
Documentation of your TBI is the most essential set of documents required when pursuing a TBI claim. It establishes what injuries occurred, and the financial costs of supporting your recovery, and in severe cases, your care needs.
Key medical evidence includes:
- Emergency Records: This includes any immediate evidence demonstrating the cause of the accident and how it affected your head trauma.
- Diagnostic Imaging: Results from CT scans or MRIs showing visible structural damage or bleeding on the brain can demonstrate the severity of your TBI.
- Specialist Notes: Any detailed evaluations from neurologists and neuropsychologists are essential for expert opinions. This includes any full neuropsychological assessments, like standardised cognitive tests measuring memory, attention, and reasoning.
- Therapy Records: Any documentation of speech, occupational, and physical therapy is essential to demonstrate the timeline of your recovery or care.
Proof of Damages
It’s important to provide evidence of damages to properly demonstrate the financial and personal impact of an injury.
This can include:
- Medical Bills: Receipts and statements for all hospital stays, treatments, and prescriptions.
- Employment Records: Pay stubs, tax returns, and performance reviews to calculate lost wages and reduce earning capacity.
- Life Care Plans: Cost projections for assistive devices, home modifications, or ongoing long-term care.
Personal and Lifestyle Evidence
This type of evidence is essential for TBI cases to prove non-economic damages like pain and suffering.
Key types of evidence include:
- Symptom Journals: Personal logs detailing your daily cognitive struggles, emotional changes, and physical limitations.
- Witness Statements: Testimony from family, friends, and coworkers describing changes in your behaviour, memory, and personality.
- Social Media Restrictions: Deactivating or monitoring online activity, as defense teams may heavily scrutinize posts to argue you are not as impaired as you claim.
Evidence of Liability
To recover compensation, you’ll need to prove the injury was caused by someone else’s negligence.
You can do this through:
- Accident Reports: These reports detail how the incidents happened objectively and are important to judge for establishing liability.
- Photographs and Video: This includes videos and photos of the accident and damage, or any sustained injuries.
- Witness Accounts: Witness accounts are essential to help provide a third-party analysis of the events that took place.
Ways Herron Law Can Help
Herron Law plays a key role in providing clients with legal representation. Our lawyers also support victims who have been injured or traumatized due to the negligence or misconduct of another party in relation to a brain injury.
Our key responsibilities include:
Case Evaluations:
- Free Initial Consultation: Your brain injury attorney will offer a free 30-minute consultation to understand the case details and determine its validity.
- Legal Advice: Herron Law will offer legal advice on the merits of a case, potential outcomes, and the steps involved in pursuing legal action.
Investigation:
- Gathering Evidence: Our attorney gathers evidence, including medical records, witness statements, and any other documentation that can prove negligence or wrongdoing on the part of the third-party involved.
Expert Consultation:
- Working with Specialists: If needed, one of our attorneys will consult with medical professionals to strengthen your case in the future.
Filing the Lawsuit:
- Preparation of Legal Documents: The personal accident attorney prepares and files the necessary legal documents to begin any claims.
- Court Representation: If a trial is necessary, the attorney will represent you, presenting any evidence and arguing the case before a judge.
Settlement Negotiation:
- Negotiating with Defendants: If there are any defendants involved in your accident claim, we will negotiate with their insurance companies or use the court to reach a fair, legal settlement.
Fighting for you:
Herron Law’s attorneys advocate for you and your loved ones, striving to ensure justice is served and the responsible parties are held accountable.
By undertaking these responsibilities, our attorneys play a pivotal role in helping to navigate the complexities of the legal system during challenging times.
Their expertise not only aids in securing financial compensation but also in achieving a sense of justice and closure.
What Is Oregon’s Statute of Limitations for Brain Injury Claims?
In Oregon, the standard statute of limitations for Brain Injury claims is classified as a personal injury and remains valid for up to two years from the date the injury occurred or was discovered.
If you fail to apply for legal compensation within the two-year window, you may forfeit the right to seek further claims and compensation related to that specific issue in the future.
Sometimes the effects of brain injuries can take months or even years to surface. This is why Oregon law specifically states that the statute of limitations applies for up to two years since the date of the injury or discovery.
Differences Between Mild TBI and Severe TBI
The key differences between mild and severe TBI stem mainly from the duration of the symptoms and the extent to which someone’s cognition is compromised following an accident.
Mild TBI is usually characterized by a loss of consciousness between 0 and 30 minutes, with post-traumatic amnesia lasting up to 24 hours.
Severe TBI is characterized by a loss of consciousness or responsiveness for up to 6 hours. They cannot reliably form memories or orient themselves for more than 7 days.
Regardless of the severity of your symptoms, any TBI injuries should be attended to by a doctor as soon as possible to avoid further damage.
How Do I Know If I Need to Speak to a Brain Injury Lawyer?
If you or a loved one has sustained an injury to the head that has caused you significant disruption to your everyday living or quality of life, including impacting your finances, you may need a brain injury lawyer.
Key indicators include:
- Another Party at Fault: If another party was at fault for your accident and injury, then it may be worth contacting a brain injury lawyer.
- You Experience New Cognitive Issues: If you suffer from memory loss, confusion, difficulty concentrating, trouble sleeping, or physical symptoms, then a brain injury lawyer may be needed to settle your claim.
- Behavioural Changes Occur: If you notice a sudden shift in mood or behaviour of yourself or a loved one following a brain injury, it is recommended to seek compensation either for punitive damages or for life-altering injuries.
- You’re Struggling with Medical Bills: If you’re struggling with medical bills, either due to hospital fees or the loss of earnings due to an injury, it’s important to claim monetary compensation for your own peace of mind.
- You Miss Work: If you miss work due to your injuries or lose your job, then looking for compensation is recommended.
Awards & Associations
At Herron Law, we are dedicated to our clients.
We were voted one of the top 100 personal injury lawyers and top 25 attorneys in Oregon, 2016 – 2024, by the National Trial Lawyers Association.
Our other awards include:
- 2015 Premier Trial 100 Attorneys Oregon, by the American Academy of Trial Attorneys.
- Oregon’s 10 Best Client Satisfaction Award, by the American Institute of DUI/DWI Attorneys.
Frequently Asked Questions (FAQs)
First, seek immediate medical care, follow concussion first aid advice, then notify police and insurers. Next, preserve photographs and witness information. Oregon requires drivers to report injury crashes to DMV within 72 hours, so it’s important that you act fast.
The family of a severe brain injury victim may pursue compensation through the victim’s insurance claim or lawsuit. If the victim lacks capacity, then a court-appointed guardian or conservator may act for them. If the injury becomes fatal, the personal representative will have to bring a wrongful-death claim instead.
Oregon PIP insurance can cover qualifying medical expenses, lost income, and essential services before the lawsuit ends. Health insurance, Medicaid, Medicare, payment plans, or medical liens may cover additional costs, although reimbursement may be required from a settlement later down the line.
Potential damages include past and future medical care, rehabilitation, lost wages, reduced earning capacity, personal-care expenses, pain, emotional distress, disability, and diminished enjoyment of life. Property damage and, in qualifying cases involving negligence, punitive damages may also be available.
A neuropsychologist can review medical history, interview the patient, and test their memory, attention, language, processing speed, reasoning, mood, and behaviour. The final report could document cognitive limitations, treatment needs, work capacity, daily-functioning problems, and whether findings are consistent with the brain injury.
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