If you or someone in your family has suffered a traumatic brain injury caused by another person’s negligence, you may have the right to pursue compensation for your medical treatment, lost income, and the long-term care that may be needed for years to come.
At Ross, Midian & Breitmayer, LLC, our skilled catastrophic injury attorneys understand how these cases work and what it takes to build a claim that reflects the full impact of a brain injury on a person’s life.We serve clients throughout Columbus, Franklin County, and Central Ohio. Contact us today for a no-cost consultation.
A traumatic brain injury, commonly called a TBI, occurs when an external force causes damage to the brain. This can happen from a direct blow to the head, a violent jolt or shaking motion, or an object that penetrates the skull. The result is a disruption of normal brain function that can range from temporary to permanent.
TBIs are not the same as strokes or illness-related brain conditions. They are caused by physical trauma, and Ohio law treats them as serious injuries that can give rise to a civil claim when someone else’s careless or reckless conduct caused the accident.
Not all brain injuries appear the same. Medical professionals generally classify them along a spectrum:
Even what appears to be a mild concussion can have serious consequences. The label “mild” refers to the initial severity of the injury, not the long-term impact on a person’s life.
One of the most challenging aspects of a TBI case is that the injury is often not visible. Standard CT scans and MRIs may not detect all forms of brain damage. Neuropsychological testing, conducted by specialists who evaluate cognitive function, may be needed to document what standard imaging cannot show.
Symptoms can also appear gradually. A person may feel relatively fine immediately after an accident, only to develop headaches, sleep problems, memory issues, or personality changes in the days and weeks that follow. This delayed onset can create problems in a legal claim if medical attention is not sought promptly and consistently.
Brain injuries happen in a wide range of accidents across Central Ohio. Some of the most common causes we see in TBI cases include:
If you are unsure whether your situation qualifies as a legal claim, talk with a lawyer at our law firm for free to learn about your options.
For many TBI survivors, cognitive challenges do not fully resolve. Difficulty with reasoning, problem-solving, and processing new information can persist long after the initial injury. These impairments may be subtle enough that others do not notice them, but significant enough to affect a person’s ability to function at work and at home.
Memory difficulties are among the most commonly reported long-term effects of a TBI. A person may struggle to retain new information, recall recent events, or follow multi-step instructions. Concentration problems can make it difficult to read, hold a conversation, or complete tasks that once felt routine.
When cognitive and physical symptoms persist, returning to work can become a serious challenge. Some TBI survivors are unable to return to their previous positions at all. Others may return but find they can no longer perform at the same level, which can affect their earning capacity for the rest of their working years. This is one reason why calculating the true economic impact of a brain injury requires careful analysis and, in many cases, input from vocational and economic experts.
Depression and anxiety are common after a TBI, and they are not simply a reaction to the stress of the accident. Brain injuries can directly affect the areas of the brain that regulate mood and emotional responses. Some survivors describe feeling like a different person after their injury. The psychological toll can be significant and may require ongoing mental health treatment.
Actually, one of the most underappreciated aspects of TBI recovery is how long the emotional effects can last. Insurance companies often focus on physical recovery timelines and minimize psychological harm. A thorough claim accounts for both.
TBIs do not only affect the person who was injured. Spouses, parents, and children often take on caregiving roles that were not part of their lives before the accident. Relationships can be strained. Family members may reduce their own work hours or leave jobs entirely to provide care. These losses are real and may be recoverable as part of a TBI claim.
To pursue compensation for a traumatic brain injury in Ohio, a claim must establish that another party was legally responsible for causing the injury. Liability, which is the legal term for responsibility, is not assumed. It must be demonstrated through evidence that connects the at-fault party’s conduct to the accident and the resulting harm.
Depending on how the injury occurred, liability may rest with a driver, a property owner, an employer, a product manufacturer, or another party. In some cases, more than one party may share responsibility.
Negligence, in legal terms, means that someone failed to act with reasonable care and that failure caused harm to another person. In a TBI case, proving negligence generally requires showing four things:
Medical records, accident reports, witness statements, and expert testimony all play a role in establishing these elements. Cases handled through the Franklin County Court of Common Pleas follow established civil procedures, and the strength of the evidence gathered early in the process can significantly affect the outcome.
Insurance companies handling TBI claims often raise several arguments to limit or deny compensation:
Understanding these tactics in advance is part of building a claim that holds up under scrutiny.
A TBI claim may include compensation for all reasonable medical costs related to the injury. This can cover emergency room treatment, diagnostic testing, hospital stays, surgery, prescription medications, and follow-up appointments with neurologists and other specialists. Ohio State University Wexner Medical Center and OhioHealth facilities in the Columbus area are among the institutions where TBI survivors often receive acute care, and those records form an important part of the evidentiary record.
Many TBI survivors require ongoing medical care long after the initial treatment ends. Compensation for future medical expenses may include projected costs for neurological care, additional surgeries, medications, and monitoring for conditions that can develop as a result of a TBI.
Physical therapy, occupational therapy, speech therapy, and cognitive rehabilitation may all be part of a TBI survivor’s recovery. These services can be expensive and may be needed for months or years. A thorough claim accounts for the full scope of rehabilitation needs, not just the costs already incurred.
When a TBI prevents a person from working, even temporarily, the resulting income loss is a recoverable element of damages. Documentation from an employer and medical records establishing the connection between the injury and the inability to work are typically required to support this part of a claim.
If a brain injury affects a person’s ability to work at the same level as before, or prevents them from returning to their field entirely, the resulting loss of earning capacity may be recoverable. This calculation often requires input from vocational rehabilitation experts and economists who can project the long-term financial impact.
Non-economic damages, such as pain and suffering, compensate for the physical discomfort and emotional distress caused by a brain injury. These damages are harder to quantify than medical bills but are often a significant part of a TBI claim. Ohio law places certain limits on non-economic damages in some cases, though those limits may not apply when an injury qualifies as catastrophic.
When a TBI prevents a person from participating in activities they once valued, whether that is a sport, a hobby, travel, or time with family, that loss may be compensable. This element of damages recognizes that life’s quality extends beyond financial considerations.
In severe TBI cases, a person may require permanent assistance with daily activities, home modifications, or placement in a care facility. These long-term care costs can be substantial and must be carefully calculated to ensure a claim reflects the full scope of the injury’s impact.
Suggested Table:
Type of Compensation | Examples |
Medical Damages | Hospital bills, surgery, diagnostics, specialist care |
Future Care | Therapy, rehabilitation, ongoing medications |
Lost Income | Missed work during recovery, reduced earning ability |
Non-Economic Damages | Pain and suffering, emotional distress, loss of enjoyment |
Long-Term Care | Home health aides, facility care, home modifications |
Building a TBI claim starts with understanding exactly how the injury happened. Our attorneys investigate the circumstances of the accident, review police and incident reports, identify potential witnesses, and work to preserve evidence before it is lost or destroyed. In cases involving vehicle accidents on Columbus roads, surveillance footage, traffic data, and electronic records from involved vehicles can all be important.
Medical documentation is the foundation of a TBI claim, and a skilled lawyer knows how to gather it effectively. We work to obtain complete records from treating physicians, emergency facilities, and specialists.
Brain injury cases often require input from neurologists, neuropsychologists, and other specialists who can explain the nature and extent of the injury in terms that are clear to a jury or insurance adjuster. We connect with medical professionals who can provide the kind of thorough, credible evaluation that a TBI claim may need.
One of the most significant mistakes TBI victims can make is settling a claim before the full extent of the injury is understood. Settling too early is risky because long-term effects may not be clear for months after the accident. Our attorneys work with medical and financial experts to project the full scope of future costs before any settlement discussions take place.
Insurance companies handling TBI claims often have experienced adjusters and defense attorneys working to minimize what they pay. We handle all communications with insurers on behalf of our clients, respond to common defenses, and push back when a settlement offer does not reflect the actual value of the claim.
Most TBI claims resolve through settlement. When they do not, we are already prepared to take the case to trial in Franklin County or wherever the matter is properly filed. Thorough preparation, credible expert testimony, and a clear presentation of how the injury has affected the client’s life are all part of building a case that holds up in court.
A traumatic brain injury can affect every part of a person’s life, from their ability to work and support their family to their relationships, their independence, and their sense of who they are. These are not minor inconveniences. They are serious, lasting harms that deserve the serious attention of an experienced lawyer.
At Ross, Midian & Breitmayer, our law firm represents TBI victims and their families throughout Columbus, Franklin County, and Central Ohio. We offer a no-cost consultation so you can learn about your options without any financial commitment. If we take your case, you pay no attorney fees unless compensation is recovered on your behalf.
To speak with a Columbus traumatic brain injury attorney, contact our law office today.
