Louisville Traumatic Brain Injury Lawyer

Traumatic Brain Injury Attorney in Louisville, KY

Every year, traumatic brain injuries affect thousands of Kentuckians. In 2023, TBI was reported as a cause of 1,139 deaths in Kentucky, along with 10,444 emergency room visits and 2,848 hospital stays for nonfatal brain injuries, according to the Kentucky Injury Prevention and Research Center. 

These injuries have devastating effects not only on the victims but on their families as well. If you or someone you love has suffered a traumatic brain injury during an accident in Louisville, KY, it is critical to seek medical treatment as soon as possible to prevent long-term or permanent complications.

At The Schafer Law Office, we understand that the recovery process after a traumatic brain injury can be difficult, lonely, and frustrating. Our firm has represented Louisville accident victims since 1990. A Louisville traumatic brain injury lawyer at our firm will fight diligently on your behalf so that your rights are protected and you receive fair compensation to cover your medical care and protect your future.

Traumatic Brain Injury Explained

Traumatic brain injuries (TBIs) go by different names. They can also be called acquired brain injuries or just head injuries. Below is an overview of TBIs that commonly result after an accident.

• Concussions: Concussions are milder brain injuries caused by shaking, an impact to the head, or a sudden change in movement. Although concussions cannot always be detected by an imaging test, they should still be considered serious and treated accordingly.
• Brain Contusions: Like a bruise on the skin, a brain contusion is a bruising of the brain tissue. They can be caused by an impact to the head: one common example is the head striking the steering wheel during a car accident. There’s always the risk of the brain being damaged under or on the opposite side of the impact site: these are known as coup and contrecoup injuries.
• Penetrating Brain Injuries: Penetrating brain injuries occur when an object penetrates the skull, causing serious damage to a concentrated, or large, part of the brain. Examples include a slip and fall or a motor vehicle accident that cracks the skull.
• Diffuse Axonal Injuries: Diffuse axonal injuries (DAIs) are similar to concussions in that they result from the moving of some part of the brain, but they are often much more serious. A DAI causes the head to move so violently that the brain stem cannot keep up with the rate of movement, causing tears in the connections between the brain and spinal cord.

Symptoms of a Traumatic Brain Injury

The symptoms of a traumatic brain injury can range from mild to severe. A person who is experiencing a mild case may lose consciousness for a few seconds or even minutes. Other symptoms may include:

• Headaches
• Confusion
• Dizziness
• Vision problems
• Fatigue
• Ringing in the ears
• Changes in sleep pattern
• Memory and attention issues

These same symptoms can also be seen in a person with more moderate and severe brain injuries. Some other symptoms may include:

• Nausea
• Convulsions
• Being unable to wake up
• Slurred speech
• Dilated pupils
• Numbness in arms or legs

Hidden Vision Problems

Since there is such a close relationship between the vision process and the brain, any trauma to the brain can affect the processing and flow of information to the brain. The following symptoms may indicate vision problems following a brain injury:

• Blurred vision
• Sensitivity to light, glare sensitivity
• Reading difficulties
• Comprehension difficulty
• Attention and concentration difficulty
• Memory difficulty
• Aching eyes
• Double vision
• Headaches with visual tasks
• Inability to maintain visual contact
• Reduction or loss of visual field

The vision issues can be treated and rehabilitated by a vision care professional. Some symptoms can be treated by glasses or contacts and through vision therapy. With these treatments, the flow of information between the eyes and the brain can be improved.

Traumatic Brain Injury Settlements in Louisville, KY

Every case is different, and circumstances unique to your accident and impairment will dictate how much of a settlement you receive.

Settlements for mild traumatic brain injuries differ from those in which the victim has suffered a serious and permanent impairment. A settlement can reach into the millions when a person needs lifetime care, such as rehabilitation, ongoing care, specialized equipment, etc. It may seem like a lot of money, but the cost of treating a severe traumatic brain injury is astronomical: nonfatal TBIs cost the U.S. healthcare system more than $40.6 billion every year, and a single severe case can far exceed that average.

Factors that influence traumatic brain injury compensation include:

• Level of Severity: The settlement amount is primarily based on the severity of your injury and prognosis.
• Liability: Settlements should be higher in cases where the defendant’s liability for the injury is clear and undisputed.
• Victim Characteristics: Brain injury compensation is influenced by a plaintiff’s age, occupation, and medical history. It is likely that a young brain injury victim, or someone who will never work again, will receive a higher compensation amount than an older person who has retired.

A skilled traumatic brain injury attorney at The Schafer Law Office in Louisville will calculate all damages so that you receive the compensation you need over the long term. We will work to make sure your losses are fully documented and presented to the insurance company or the court.

What Accidents Commonly Cause Traumatic Brain Injury?

TBIs are a common side effect of the following types of preventable accidents.

• Car Accidents: During a car accident, the force of impact can result in the brain contacting the skull. Brain injuries can also occur when a person’s head strikes the steering wheel, windshield or side window, etc. A Louisville car accident lawyer can help you fight for compensation after a negligent driver leaves you with a TBI.
• Slip and Falls: Slipping and falling can happen anywhere — on an icy sidewalk, in the grocery store, or at home. If you hit your head, a skull fracture, internal bleeding, and/or traumatic brain injury can result. Falls remain the leading cause of TBI-related death in Kentucky: in 2023, unintentional falls caused more TBI-related deaths than motor vehicle crashes, and CDC data show falls cause the majority of TBIs among adults age 65 and older.
• Medical Malpractice: A doctor or healthcare professional commits medical malpractice when they are negligent and make a mistake. When they make an error in medication doses or anesthesia administration, the brain can suffer low oxygen levels, a condition known as hypoxia.

What Should You Do If You Have Traumatic Brain Injury Symptoms in KY?

If you hit your head and think you may be experiencing any of the symptoms associated with TBI, it is very important to get it checked out by a doctor. If there is a diagnosis of traumatic brain injury, the treatments will vary depending on the severity of the injury. There may not be a lot that can be done to reverse the brain injury caused by a traumatic event.

What medical personnel will do is try to stabilize the patient to prevent further injury. They will make sure there is enough oxygen getting to the brain as well as adequate blood flow throughout the body. X-rays will also be taken to check for fractures and spinal issues. For more severe instances, a computed tomography (CT) scan will be taken. Louisville is served by University of Louisville Hospital’s Level I trauma center, the region’s only adult Level I facility, which is equipped to treat the most severe brain injuries. Treatment is highly individualized and will be based on the needs of the patient. These may include physical rehabilitation, speech therapy, or occupational therapy.

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How Can Your Firm Help My Kentucky TBI Case?

Traumatic brain injuries change the lives of both the injured individual and the family members who care for them. These claims are especially complicated, and you’ll need an experienced brain injury lawyer who can build a strong case and get you the compensation and medical care that you need. It is important to act quickly, as you generally have one year from the date of your injury to file your claim.

It is important to act quickly. Kentucky law generally gives you one year from the date of your injury to file a claim under KRS 413.140. If your brain injury happened in a car accident, you may have up to two years under KRS 304.39-230. An attorney can confirm the exact deadline that applies to your case.

A traumatic brain injury lawyer from The Schafer Law Group will provide strong evidence on how your brain injury has affected your career, relationships, peace of mind, and health. We will aggressively seek benefits and compensation on your behalf, addressing challenges such as permanent physical impairments, high medical expenses, permanent income loss, and inability to care for oneself or perform daily activities independently. If the insurer does not make a fair settlement offer, we have the skills and experience to take your case to court.

Frequently Asked Questions

How much is my traumatic brain injury case worth in Kentucky?

It depends on your injury’s severity, your medical bills, lost income, and how clearly the other party is at fault. A Louisville TBI lawyer can review your case and give you a realistic range.

Can I still recover damages if I never lost consciousness?

Yes. Many serious brain injuries, including concussions, happen without any loss of consciousness. A doctor’s diagnosis, not consciousness, is what determines whether you have a TBI.

What if my brain scan is normal but I still have symptoms?

Many TBIs, especially concussions, do not show up on a CT scan or MRI. Ongoing symptoms after a normal scan can still support a valid injury claim.

Do I need to see a doctor before I contact a lawyer?

Yes. Get medical care first. Prompt treatment protects your health and creates the medical records your claim will rely on later.

How much does it cost to hire a Louisville TBI lawyer?

The Schafer Law Office works on contingency. You pay nothing upfront, and the firm is only paid if you recover compensation.

Can I still recover money if I was partly at fault?

Kentucky follows a pure comparative fault rule, so you can still recover damages even if you share some blame. Your award is simply reduced by your percentage of fault.

Should I accept the insurance company’s first offer?

Not without advice. Early offers often undervalue long-term brain injury costs like future therapy and lost earning capacity. Talk to a lawyer before you sign anything.

Can one accident cause CTE?

Chronic traumatic encephalopathy (CTE) is usually linked to repeated head trauma over time, not a single accident. Your doctor can explain what risks apply to your specific injury.

Will my brain injury case go to trial?

Many Kentucky brain injury claims settle without a trial. If the insurer will not offer a fair settlement, your lawyer can file suit and take the case to court.

Speak to a Louisville Traumatic Brain Injury Lawyer Today

If you’ve suffered a traumatic brain injury after an accident caused by someone else’s negligence, contact the experienced Kentucky personal injury attorneys at The Schafer Law Office. Our Louisville traumatic brain injury attorneys will go up against the insurance companies and their counsel to get the financial recovery you need to sustain you while you recover and rebuild. For more information or to schedule a consultation, please contact us online.