Dedicated Sterling Heights Brain Injury Lawyers Help Michigan Families After Catastrophic Harm Occurs

The brain plays a central role in who we are and how we live. A traumatic brain injury (TBI) can change our lives at the most fundamental levels—everything from how we think and feel to whether our hearts beat in rhythm. Consequently, brain injuries are among the most severe and long-lasting injuries.

Many brain injuries happen suddenly and without warning. An ordinary day can end with permanent, catastrophic damage. Someone else’s negligence or recklessness can change your life forever. In an instant, your hopes and plans are replaced by hospital visits, a steady stream of doctor’s appointments, and weeks or years of relearning basic activities like how to walk, talk, and eat.

Fact

Approx 2000

Brain injury-related deaths happen every year in Michigan

Sterling Heights Brain Injury Lawyers

BRAIN INJURY

Individuals and companies can be held accountable for the harm they cause. At Sommers Schwartz P.C., our Sterling Heights brain injury lawyers dedicate themselves to helping our clients recover the compensation they deserve. Contact us today to learn more.

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STERLING HEIGHTS BRAIN INJURY: TABLE OF CONTENTS

BRAIN INJURY

Brain injury facts

In 2022, the Michigan Department of Health and Human Services reported that 1,923 Michigan residents died of fatal brain injuries. These include 702 deaths after a fall and 196 deaths due to car, motorcycle, bus, and pedestrian accidents.

Rates of TBI-related death have increased between 2000 and 2022. They peaked in Michigan in 2021, with 2,003 total deaths. These numbers are just the tip of the iceberg, as they do not include those who suffered a non-fatal traumatic brain injury and live with the profound damages.

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Brain Injury Risks

About 58,500 people in Michigan will suffer a brain injury every year, according to the Brain Injury Association of Michigan. When these injuries result from an accident caused by negligence, the injured person or their representative may seek compensation from the party responsible for their injuries.

Common causes of brain injury

A brain injury may occur when: The head hits or is hit by an object, an object penetrates the skull and enters the brain, oxygen or blood flow to the brain is impeded or cut off. The brain may also be damaged if the head or body moves suddenly or violently.

A dedicated Sterling Heights brain injury attorney can help you pursue compensation if someone else’s negligence, recklessness, or intentional actions caused your injury.

Causes of brain injury
SHBI 01
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Know the risks

Accidents that lead to brain injuries

vehicle accidents

Car Accidents

About 30 percent of all traumatic brain injuries in Michigan each year occur in vehicle accidents. Michigan’s no-fault insurance system may cover some or all of your medical costs after a car accident. However, accessing benefits can be challenging, especially if you’re dealing with the aftermath of a brain injury. An experienced attorney can help.

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FALLS

Slips and Falls

In 2022, over 700 Michigan residents died from traumatic brain injuries caused by falls. A fall from a significant height, such as off a roof or into a trench or pit, is more likely to cause severe brain injuries or death. However, brain injuries can occur during any type of fall.

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SPORTS

Sports Injuries

Michigan’s sports concussion law creates a duty of care for adults who work with young athletes. Speak to an attorney if you suspect your child suffered a TBI and their coaches or trainers failed to follow the law.

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BIRTH

Birth Injuries

Head injuries are the most common birth injuries. Most head injuries during birth are minor scratches or bruises on the baby’s scalp, which don’t harm the brain and heal on their own. However, in some cases, a baby’s brain can be injured during birth.

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Negligence

Medical Negligence

Medical negligence, also called medical malpractice, can cause traumatic brain injuries if a provider's action or inaction leads to patient harm.

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For over four decades, Sommers Schwartz brain injury lawyers have skillfully recovered the life-time costs of care for injured victims, shifting the burden of expenses from our clients to those responsible for the harm.

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Car Accidents

Brain injuries can happen in a car accident if:

  • The head hits or impacts any part of the vehicle, such as the frame, steering wheel, dashboard, or outside object.
  • The brain is injured as the head and body whip back and forth due to the forces of the crash.
  • Flying glass, twisted metal, or any other object penetrates the skull and damages the brain.

Falls

People of any age may suffer a TBI after a fall, but these injuries are often more severe for elderly individuals. According to the CDC, nearly 8,000 U.S. residents over age 65 die, and another 56,000 are hospitalized each year for brain injuries sustained in a fall.

Many falls can be prevented. A business or property owner’s negligence can cause or allow dangerous conditions that trigger a fall. If your brain injury was fall-related, talk to a Sterling Heights injury attorney immediately.

Featured Result

$1.9 MILLION

Compensatory damages for brain injury & cerebral palsy

Sports Injuries

Michigan’s sports concussion law took effect in 2013. The law requires all coaches, employees, volunteers, and other adults who work in youth sports to receive concussion awareness training at least once every three years. The law creates a duty of care for adults who work with young athletes.

Young athletes who experience a blow to the head, fall, or other injury that might have caused a concussion must be removed from play immediately. They can only return after a doctor clears them to do so.

MEDICAL CARE

Medical Negligence and Birth Injuries

While medical malpractice can cause a variety of brain injuries, brain injuries at birth are one of the most common forms of injury caused by medical negligence.

MEDICAL MALPRACTICE

Examples of medical malpractice that could lead to a TBI include:

EXAMPLES:

1. A patient falling and hitting their head because the hospital or clinic doesn’t follow fall prevention protocols.
2. A surgeon negligently damaging the brain during cranial surgery.
3. Improper medication, monitoring, or anesthesia protocols resulting in oxygen deprivation.

There are other ways that medical negligence can lead to a brain injury. If you suspect your brain injury is connected to medical malpractice, consult an experienced Sterling Heights brain injury lawyer today.

BIRTH INJURIES

Head injuries are the most common birth injuries. While many are surface injuries that don't harm the brain, in some cases, a baby’s brain can be injured during birth.

EXAMPLES:

1. Damage when medical providers improperly use forceps, vacuum extractors, and other tools.
2. Lack of proper fetal monitoring that causes medical teams to miss signs that the baby’s brain isn’t getting enough oxygen.

Brain damage at birth can have severe, permanent consequences. Talk to an attorney to learn more about your legal options.

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Brain Injury Lawsuit Basics

Michigan brain injury claims must follow specific rules laid out by Michigan courts, and medical malpractice claims related to brain injury have additional requirements. They include time limits for filing claims and the type and amount of compensation an injured person can recover.

Time Limits

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 date is later. Malpractice claims involving death have different limitations. If the case isn’t filed within this timeframe, the case is subject to dismissal, and you may lose your chance to prove your case to a judge or jury.

However, a few exceptions may lengthen 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.

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Featured Settlement

$2.45 MILLION

For failure to timely diagnose and treat stroke

COMPENSATION FOR TWO TYPES OF LOSSES

Damage in a brain injury case covers both “economic” and “non-economic” losses. Economic losses include documentable financial losses while non-economic damages cover the negative effects an injury has on quality of life.

Compensation in Sterling Heights Brain Injury Claims

Damages in a brain injury case compensate the injured person for their losses related to the harm they have suffered and their future needs resulting from the injury.

DAMAGES

Economic and Non-Economic Damages

Economic Damages

These damages compensate you for expenses you would not have had or income you would have earned if you hadn’t suffered a brain injury. Examples of economic losses common in many brain injury cases include:

  • Medical bills, including hospital care, emergency services, doctor’s visits, rehabilitation, and the cost of medical devices, equipment, and medications.
  • Lost wages if your brain injury prevented you from working while you recovered.
  • Future lost wages if your brain injury will prevent you from ever working again or limit you to a lower-paying job.

Non-Economic Damages

Non-economic losses can’t easily be documented with a bill or receipt but are nonetheless real and devastating. Examples of non-economic losses in brain injury cases include:

  • Pain and suffering connected to the injury.
  • Scarring and disfigurement if the injury caused visible damage.
  • Loss of enjoyment of life if you cannot engage in hobbies, relationships, or other activities you once enjoyed.

Special rules apply to non-economic damages in medical malpractice claims. These damages are “capped,” or limited, based on the severity of the injury. An attorney can help you understand how these caps might apply in your case.

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Connect With an Experienced Sterling Heights Brain Injury Lawyer Today

A brain injury may happen in an instant, but its effects can change your entire life and the lives of your loved ones. Rebuilding your life after a brain injury might include relearning basic skills, like talking or holding a spoon. Bodily functions like breathing or your heartbeat might be permanently affected. The costs of care after a brain injury can be high, and getting insurance companies to listen to you may feel impossible.

At Sommers Schwartz P.C., we understand what you’re facing. We’ve helped many brain injury clients fight for the compensation they need and deserve. To learn more, contact us today to schedule a free, confidential consultation.

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