Rochester Hills Brain Injury Attorney

Experiencing a brain injury requires survivors to make sudden, almost inconceivable life changes. Routine, automatic activities may become impossible or extremely challenging, sometimes requiring outside assistance.

At the Rochester Hills law firm of Sommers Schwartz, our personal injury and medical malpractice lawyers have a long history of advocating for brain injury victims and their families. We help connect them with the resources to get their lives back on track and pursue the compensation they deserve for their losses.

We offer free consultations for brain injury claims. We will explain the recovery process, answer your questions, and explain how we can help you pursue a claim for compensation against the party or parties responsible for your injuries or on behalf of your loved one.

Experienced Attorneys Aggressively Pursue Compensation for Brain Injury Victims

At Sommers Schwartz, we have 45 years of experience handling all types of head trauma and brain injury cases. We understand the financial, emotional, and quality-of-life impacts a brain injury has on a family. We also know that most brain injuries are preventable.

Our brain injury practice focuses on holding negligent parties accountable for the harm they’ve caused and providing meaningful compensation to those whose lives have been affected by brain injuries.

Types of Brain Injuries

There are many different types of brain injuries, ranging from minor injuries that heal over time to those that result in life-changing, lifelong medical conditions. Below is a brief overview of different types of brain injuries.

Traumatic Brain Injury (TBI)

Traumatic brain injuries occur due to a violent blow or jolt to the head, such as a fall, car accident, explosion, combat, or contact sports. TBIs range from mild to severe. The most common form of TBI is a concussion, usually temporary, causing headaches, confusion, and cognitive problems. More severe TBIs can cause physical and mental damage, including memory loss, mood changes, permanent disability, or death. Although the research is ongoing, evidence suggests that repeated TBIs may lead to chronic traumatic encephalopathy (CTE), a degenerative condition that causes the death of brain cells.

Acquired Brain Injury (ABI)

Acquired brain injuries are brain damage after birth unrelated to congenital disabilities, developmental disabilities, or birth injuries. Various medical conditions, such as strokes, tumors, lack of oxygen (anoxic brain injuries), and neurological illnesses, can cause damage to the brain. ABIs can be as debilitating as TBIs, causing significant cognitive, physical, and behavioral changes.

Diffuse Axonal Injury (DAI)

Diffuse axonal injuries occur when the brain rapidly shifts inside the skull due to a sudden acceleration or deceleration, tearing away the connections between brain cells (axons). DAIs often occur in high-speed car accidents or falls. Symptoms can vary from mild cognitive impairments to long-term damage or coma.

Coup-Contrecoup Brain Injury

“Coup-contrecoup” describes brain damage at both the site of impact and the opposite side of the brain. An initial blow causes the “coup,” while the “contrecoup” refers to injuries caused when the brain bounces against the opposite side of the skull. These injuries, often seen in violent car crashes or falls, can lead to significant physical and cognitive issues.

Penetrating Brain Injury

These injuries occur when an object penetrates the skull and enters the brain. They include gunshot wounds as well as other sharp force trauma. Penetrating brain injuries often cause severe damage, directly harming the brain tissue and leading to significant impairments or death.

Pursuing Legal Compensation for a Rochester Brain Injury Claim

Brain injuries are powerful and complex, often leading to life-altering consequences. At Sommers Schwartz, we understand the devastating impact brain injuries can have on victims and their families. Legal recourse may be available if you or a loved one has suffered a brain injury due to someone else’s negligence. Reach out to an experienced personal injury attorney to understand your rights and how you may be able to secure compensation for your damages.

Brain Injuries Cost Victims More Than Their Health

Brain injury victims often face substantial financial burdens from the costs associated with their condition. These include medical expenses, rehabilitation, physical therapy, psychological treatment, long-term care and assistance, loss of income, and miscellaneous expenses. How much compensation you can recover will vary widely based on factors such as the severity of the injury, your geographic location, and the individual circumstances of your case. However, some general information follows about the financial costs many Michigan brain injury victims face.

Medical Expenses

The initial hospitalization costs for brain injury treatment can be significant. According to a study published in the Journal of Head Trauma Rehabilitation, the average acute care hospitalization costs for traumatic brain injury (TBI) ranged from $9,813 to $41,274, depending on the severity of the injury. The same study reported that the average lifetime cost of moderate to severe TBI cases was $760,000.

Rehabilitation and Therapy

Long-term rehabilitation and therapy are critical for brain injury recovery. According to the Brain Injury Association of America, the average cost for inpatient brain injury rehabilitation ranges from $850 to $2,500 per day. Outpatient rehabilitation costs can vary from $600 to $1,000 per visit. The duration and intensity of treatment significantly impact the overall costs.

Long-Term Care

Individuals with severe brain injuries may require ongoing long-term care, including nursing care, assisted living, or specialized residential facilities. The costs for long-term care can vary widely. According to Genworth’s Cost of Care Survey, the average annual cost for a private room in a nursing home in the United States was $105,850 in 2020.

Loss of Income

Brain injuries can result in temporary or permanent disability, leading to a loss of income. The impact on income will vary depending on factors such as occupation, education, and the severity of the injury. According to a study published in the Journal of Neurotrauma, the average lifetime income loss due to TBI ranged from $44,995 to $383,760, depending on the severity.

Causes of Brain Injuries

Brain injuries can occur in various ways. Some of the most common causes of brain injuries are as follows:

Falls

Falls are a leading cause of brain injuries, especially among older adults and children. They can happen on stairs, slippery surfaces, or from heights. According to the Centers for Disease Control and Prevention (CDC), falls were responsible for almost half (49%) of all TBIs in the United States.

Vehicle Accidents

Motor vehicle accidents, including car crashes, motorcycle accidents, and pedestrian accidents, can cause severe brain injuries. The impact from a collision or sudden deceleration can cause the brain to hit the skull or tear apart, debris can cause penetrating injuries, and victims can suffer direct impact. According to the CDC, motor vehicle accidents were the second leading cause of TBIs, accounting for about 17% of all TBIs in the United States.

Assaults and Other Intentional Acts

Intentional acts of violence, such as assaults and physical altercations, can cause significant brain injuries. Examples include blows to the head, penetrating injuries, or shaking (as in shaken baby syndrome).

Sports and Recreation

Participation in contact sports and high-impact recreational activities can lead to brain injuries. These include sports like football, rugby, boxing, and hockey, as well as activities like skiing, snowboarding, and skateboarding. Brain injuries in sports can occur due to direct impact, collisions, falls, or repetitive head trauma.

Workplace Injuries

Some occupations carry a higher risk of brain injuries, such as construction work, mining, or jobs involving working at heights. Accidents involving falling objects, slips, trips, or machinery can lead to traumatic brain injuries. Occupational safety guidelines and equipment are crucial in reducing the risk of such injuries in the workplace.

Blast Injuries

Blast injuries commonly affect military personnel and individuals exposed to explosive devices. The sudden and intense pressure waves generated by blasts can cause significant damage to the brain, leading to concussions and other traumatic brain injuries.

Types of Damages in a Brain Injury Lawsuit

Through a brain injury lawsuit, victims can recover various damages to compensate them for their physical, emotional, and financial losses. The specific types of damages available may vary based on the circumstances of the case; however, the following are some of the most common types of damages that you may recover in a brain injury lawsuit:

Economic Damages

Economic damages compensate the victim for the expenses, costs, and losses they experienced due to the brain injury. This category can include medical expenses, rehabilitation costs, medication costs, assistive devices, home modifications, and lost wages or loss of earning capacity due to disability or a reduced ability to work.

Medical Expenses

Brain injuries often result in substantial medical expenses, including emergency care, surgeries, hospitalization, diagnostic tests, rehabilitation therapies, and ongoing medical monitoring. The injured party may seek compensation for past and future medical expenses related to the brain injury.

Rehabilitation and Therapy

Brain injury victims often require extensive rehabilitation and therapy to regain their cognitive, physical, and emotional functions. The costs associated with these services, such as physical, occupational, and speech therapy and mental health counseling, can be included as damages.

Lost Income and Future Earnings

If the brain injury has led to a loss of income or reduced earning capacity, the victim may seek compensation for lost wages and potential future earnings. Calculating adequate compensation for these losses involves considering many factors, including the victim’s age, education, occupation, and the impact of the injury on their ability to work and earn a living.

Non-Economic Damages

Non-economic damages attempt to compensate a victim for the non-financial losses they have experienced. These may include pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and loss of consortium (the companionship or support of a spouse).

Exemplary Damages

In some instances, exemplary damages may be awarded if the responsible party’s conduct is deemed particularly reckless, intentional, or grossly negligent.

It’s essential to consult with an experienced Rochester brain injury attorney to understand the specific types of damages available in your case and the factors that may influence your potential damages award.

Time Limits for Michigan Brain Injury Lawsuits

Injury cases involving general negligence in Michigan must be filed within three years of the date of injury. Medical malpractice actions not involving death must be filed within two years of the date of malpractice or 6 months from the date the existence of a claim is discovered, whichever is later. Malpractice claims involving death have different limitations. If you don’t file your case within this timeframe, it may be dismissed and you may lose your chance to prove your case to a judge or jury.

However, a few exceptions may extend the time you have to pursue a claim. Talk to an experienced lawyer as soon as possible after an injury occurs. A Sterling Heights brain injury attorney can explain how the time limits apply in your case and what options you have moving forward.

Speak with an Experienced Rochester Personal Injury Lawyer to Learn More About Brain Injury Lawsuits

You must understand your legal rights if you or a loved one recently experienced a brain injury. Brain injuries are among the most complex types of injuries and require the assistance of an attorney with extensive experience handling these claims.

At Sommers Schwartz, P.C., our personal injury and medical malpractice attorneys have over 45 years of experience recovering financial compensation for brain injury clients and their families. We recognize the challenges your family is facing. We will do everything possible to make the recovery process as smooth as possible.

Contact Sommers Schwartz, P.C., today to learn more and schedule a free consultation with one of our Rochester brain injury attorneys.