At Smith Barkett Law Group, our Tulsa traumatic brain injury lawyers understand the devastating impact these injuries have on victims and their families. A traumatic brain injury can change your life in an instant. According to the Centers for Disease Control and Prevention, approximately 1.5 million Americans suffer traumatic brain injuries each year. The medical treatment costs alone can reach hundreds of thousands of dollars, not including long-term rehabilitation and lost wages. We are committed to helping you seek justice and fair compensation after a brain injury caused by someone else's negligence.
We are dedicated to helping victims of brain injury rebuild their lives. Our team protects your rights throughout the entire legal process. We fight insurance companies that try to minimize your claim or deny your benefits. You deserve maximum compensation for your medical bills, lost wages, and pain and suffering. We handle every aspect of your personal injury claim so you can focus on recovery.
A traumatic brain injury occurs when an external force damages the brain. This can happen through a direct blow to the head, a violent shake, or an object penetrating the skull. Brain injuries range from mild concussions to severe trauma that causes permanent brain damage. The severity depends on the force of impact and which part of the brain sustains injury. Even mild brain injuries can have serious long-term effects on your health and quality of life.
Different types of brain injuries affect victims in various ways:
Medical professionals classify traumatic brain injuries into three categories:
Many accidents can lead to traumatic brain injuries in Tulsa and throughout Oklahoma. Motor vehicle crashes cause nearly half of all TBI-related hospitalizations. Slip-and-fall accidents are another leading cause, especially among older adults and young children. Workplace accidents, particularly in construction and oil field operations, also result in serious head trauma. Understanding how these injuries occur helps us build stronger cases for our brain injury clients.
Car accidents remain the top cause of traumatic brain injuries in Oklahoma. Head-on collisions create a tremendous force that throws your brain against your skull. Even rear-end crashes can cause whiplash that leads to brain damage. Truck accidents often result in more severe injuries due to the size difference between trucks and other vehicles. Motorcycle crashes leave riders especially vulnerable to head injuries despite wearing helmets.
Workplace accidents in construction, manufacturing, and oil fields frequently cause head trauma. Falls from scaffolding, falling objects, and equipment malfunctions put workers at risk daily. Contact sports like football and hockey expose athletes to repeated head impacts. Even a single severe blow during a game can cause permanent brain damage. Employers and sports organizations have a duty to protect people from these preventable injuries.
Traumatic brain injury symptoms vary widely based on the severity of the injury. Some symptoms appear immediately after the accident, while others develop gradually over days or weeks. Physical symptoms include headaches, dizziness, nausea, and sensitivity to light or sound. Cognitive problems affect memory, concentration, and decision-making abilities. Emotional changes can alter personality and cause depression or anxiety. Many victims require years of medical treatment and rehabilitation to manage these effects.
Brain injuries often damage the parts of your brain that control thinking and emotions:
Physical effects of traumatic brain injuries can be just as challenging as cognitive ones:
Proper diagnosis of a traumatic brain injury requires a thorough medical evaluation. Doctors start with a physical exam and questions about how the injury occurred. They assess your level of consciousness, reflexes, and ability to follow commands. Imaging tests like ct scans reveal bleeding, swelling, or skull fractures. MRIs provide detailed images of soft-tissue damage that CT scans might miss. Neurologists conduct specialized tests to measure cognitive function and identify specific areas of brain damage.
Early diagnosis can make a significant difference in your recovery. Quick medical attention prevents secondary injuries, such as brain swelling or bleeding. Doctors can start treatment immediately to minimize long-term damage. Prompt diagnosis also creates crucial medical records for your injury claim. Delayed treatment allows insurance companies to argue that your injuries are not serious or were caused by something else.
A traumatic brain injury changes every aspect of your life. Simple tasks that once seemed automatic now require intense concentration and effort. You may struggle to return to work or need to change careers entirely. Relationships with family and friends become strained when you can no longer participate in activities you once enjoyed. The financial burden grows as medical bills pile up and income disappears. Many victims face a lifetime of challenges that require ongoing support and adaptation.
Brain injuries often prevent victims from returning to their previous jobs. Cognitive difficulties make it impossible to perform complex tasks or meet deadlines. Physical limitations may bar you from manual labor or from jobs that require good coordination. Some victims can work only part-time or need special accommodations. The loss of future earnings can total millions of dollars over a lifetime.
Traumatic brain injuries strain even the strongest family bonds. Personality changes can make you seem like a different person to loved ones. You may need help with basic activities like cooking, cleaning, or managing finances. Social isolation increases as you withdraw from friends and activities. Spouses often become caregivers, fundamentally changing the nature of the relationship.
Victims of traumatic brain injuries deserve full compensation for all their losses. Oklahoma law allows you to recover damages for both economic and non-economic harm. We calculate your total losses by examining medical records, employment history, and expert testimony about future needs. Insurance companies often offer low settlements that do not cover long-term care costs. We fight in settlement negotiations and litigation to secure the maximum compensation available under Oklahoma law.
Your traumatic brain injury claim may include several types of compensatory damages:
Oklahoma courts may award punitive damages in cases involving extreme negligence:
Winning a traumatic brain injury case requires strong evidence of negligence and causation. We must show that the defendant owed you a duty of care and breached that duty. The breach must have directly caused your brain injury and resulting damages. Insurance representatives often challenge these claims by arguing that the injury was pre-existing or less severe than claimed. Building a compelling case demands extensive investigation and documentation from the moment the accident occurs.
Medical evidence forms the foundation of every successful brain injury claim. Detailed medical records document the extent of your injuries and treatments. Diagnostic tests like CT scans and MRIs provide objective proof of brain damage. Expert testimony from neurosurgeons and physical therapists explains how the injury affects your life. These specialists can project future medical needs and rehabilitation costs. Strong medical evidence makes it harder for insurance companies to deny or minimize your claim.
Witness testimony helps establish how the accident happened and who was at fault. Eyewitnesses can describe the events leading up to the crash or fall. Accident reconstruction experts analyze physical evidence, such as skid marks and vehicle damage. Surveillance footage from nearby cameras may capture the entire incident. We preserve this evidence quickly before it disappears or becomes unavailable.
We bring extensive experience handling complex traumatic brain injury cases throughout Oklahoma. Our personal injury attorneys work closely with medical professionals to understand every aspect of your condition. We coordinate with neurologists, physical therapists, and life care planners to document your current and future needs. From the initial investigation through settlement negotiations or trial, we handle every detail of your case. Our goal is to secure compensation that covers your medical treatment, lost income, and pain and suffering for years to come.
We develop a comprehensive legal strategy tailored to your specific case. Our team gathers all available evidence to prove negligence and the full extent of your damages. We fight back against insurance company tactics designed to minimize your compensation. Strong preparation gives us leverage in settlement negotiations and demonstrates our readiness for trial. This approach consistently delivers better results for our brain injury clients.
What should I do if I suspect I have a traumatic brain injury?
Seek immediate medical attention and follow all doctor recommendations. Document your symptoms and keep all medical records for your potential injury claim.
How do I know if I have a mild or severe brain injury?
Only medical professionals can accurately diagnose the severity through physical exams, brain scans, and cognitive testing performed at qualified medical facilities.
How long do I have to file a TBI claim?
Oklahoma's statute of limitations generally gives you 2 years from the date of the accident. Medical negligence cases may have different deadlines under specific circumstances.
What is the difference between a concussion and a TBI?
A concussion is actually a type of mild traumatic brain injury. All concussions are TBIs, but not all TBIs are concussions.
Can a traumatic brain injury cause permanent disability?
Yes, severe traumatic brain injuries can cause permanent physical, cognitive, and emotional disabilities requiring lifelong care and support from medical professionals.
How much compensation can I receive for a TBI case?
Compensation varies based on injury severity, medical expenses, lost income, and other factors. Cases can range from thousands to millions of dollars.
Do not wait to protect your rights after suffering a traumatic brain injury. Time is critical for gathering evidence and meeting Oklahoma's statute of limitations. We offer free consultations to evaluate your case and explain your legal options. Our personal injury law firm has a proven track record of securing substantial verdicts and settlements for brain injury victims. Call us today to discuss how we can help you get the compensation you deserve. Let our experienced personal injury attorneys fight for your future while you focus on healing.
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