Dayton Traumatic Brain Injury (TBI) Lawyer

Traumatic brain injuries (TBI) can have profound and lasting effects on individuals, altering their lives and the lives of their families in significant ways. In Dayton, those who have suffered a TBI due to someone else’s negligence may seek a legal team that understands the complexities of their condition and the long-term care it may require. 

The Dayton personal injury lawyers at The Fitch Law Firm LLC are experienced in handling TBI cases and committed to securing the comprehensive compensation that victims need for their recovery and future well-being.

Dealing with the aftermath of a traumatic brain injury involves navigating a myriad of challenges, from immediate medical care and rehabilitation to adjusting to life with potential long-term disabilities. The financial, emotional, and physical burdens can be overwhelming, making it essential for victims and their families to have access to legal representation. Our Dayton traumatic brain injury (TBI) lawyers are dedicated to providing the support and advocacy you and your family need, ensuring that you receive the personalized attention and aggressive representation necessary to achieve the justice and compensation you deserve. Call The Fitch Law Firm LLC today for your free case consultation.

Getting Legal Help After a TBI Accident in Dayton

After suffering a TBI, you deserve the chance to rest, recuperate, and adjust. Trying to manage an injury lawsuit by yourself at the same time you are receiving medical attention may only add unnecessary stress and strain to your life.

The legal team at The Fitch Law Firm LLC would like to help by managing your personal injury lawsuit on your behalf. We can provide you and your family with legal support and compassionate guidance throughout your case. We will:

• Tell you whether you are eligible for damages in one quick, free phone call
• Investigate the accident scene that caused your injury and collect important evidence from witnesses, relevant documents, and other sources
• Compile what your damages may be 
• Identify who is liable for your injuries and notify both them and their insurance company about your personal injury claim
• Attempt to negotiate with the insurance company and fight vigorously for all the money you need and deserve
• Take your case to trial and work hard to convince a jury that you deserve to collect damages
• Keep you updated and answer any questions you have throughout the claims or lawsuit process

As our client, we will be available to you 24/7. If you cannot come to us, we will meet you at the hospital or at home. We are ready and willing to do everything possible to ensure you receive fair compensation for the medical expenses, lost wages, and pain and suffering in your case.

Insurers May Try to Reduce or Deny Your Injury Claim

Insurance companies have many tactics for avoiding or mitigating any losses. For example, an insurance company may argue that a claimant’s medical tests didn’t establish a TBI conclusively. A claimant may have trouble refuting such a claim on their own.

A Dayton traumatic brain injury (TBI) lawyer from our firm can help refute such a claim with a corroborating statement from a medical specialist, like a neurologist. If the lawyer can get testimony like this from an expert, this may help validate your claim for compensation. Even if a claimant’s initial diagnostic testing was inconclusive, the lawyer and an expert may still be able to provide evidence of a TBI.

An insurer could also argue that a claimant’s TBI is minor. While it’s true that some symptoms of a TBI can be subtle and minor, such as memory issues, other symptoms can be major. Regardless, the time to recover from a TBI does not always coincide with the severity. A patient may need a year or longer to recover or may not recover at all. A Dayton traumatic brain injury (TBI) lawyers understands these things and knows how to defend against insurers’ denials.

Expenses, Losses, and Other Damages You Could Recover After a TBI

Depending on how your traumatic brain injury occurred and what the consequences are, you could file a lawsuit for different damages. Also, you may be able to seek compensation from different parties.

Some of the damages you could file a personal injury claim after suffering a TBI may include the following:

• Hospitalization and ambulance costs
• Medical treatment and medication costs
• Therapy and assistive equipment costs
• Diagnostic testing costs
• Lost income
• Lost or reduced earning potential
• Pain and suffering
• Disfigurement or scarring
• Total or partial physical disability
• Total or partial intellectual disability
• Overall loss of quality of life

The Fitch Law Firm LLC can obtain and use various forms of evidence to support your need for damages. For example, we can use any or all of the following to strengthen your head injury case:

• Salary or wage slips
• Medical treatment invoices and medical records
• Vehicle repair bills
• Testimonies from medical injury and financial experts
• Any footage or photos of other injuries or the accident scene
• Police reports

Once we have an evidence-based monetary figure for your damages, we can file a lawsuit. If the responsible party’s insurer refuses to make a fair settlement offer, we can take your case to trial.

Wrongful Death Damages in a Dayton, OH, TBI Case

According to the Centers for Disease Control and Prevention (CDC), roughly 190 people were killed every single day in 2021 from issues related to a traumatic brain injury.

If your loved one passed away due to a traumatic brain injury, The Fitch Law Firm LLC may be able to help you pursue compensation in a wrongful death claim or lawsuit. The recoverable damages in an Ohio wrongful death case are awarded to certain surviving family members. These damages can include the following:

• Funeral, burial, or cremation costs
• Loss of companionship
• Loss of income and inheritance
• Mental anguish
• Pain and suffering

We understand how difficult it is to lose someone in such a sudden, unexpected way, and we are sorry for your loss. Allow us to help you through this difficult time by taking care of your legal needs. During a free consultation, we will explain how Ohio law governs wrongful death cases and how the process of filing a wrongful death suit works.

Common Causes of Traumatic Brain Injuries

Traumatic brain injuries are serious and a major cause of death and disability in the United States. A blow or jolt to the brain, a motor vehicle accident, or a premises accident can cause a traumatic brain injury.

Various kinds of accidents or other incidents involving negligence can cause TBIs. Potential causes include but are not limited to:

• Motor vehicle accidents
• Construction accidents
• Workplace accidents
• Motorcycle accidents
• Bicycle accidents
• Medical malpractice
• Pharmaceutical malpractice
• Nursing home accidents
• Birth injuries
• Sports injuries

The Fitch Law Firm LLC can help protect your rights after a traumatic brain injury, whether it was caused by a car accident, medical malpractice, or another incident in the Dayton area.

Determining Liability

If another party’s negligence led to your TBI, they may be liable for your damages. You can seek those damages through a claim or lawsuit. Depending on how your accident occurred, you may be able to file a suit against:

• A premises owner
• A vehicle operator
• A medical professional
• Another liable party

To prove the other party’s liability, you’ll have to establish their negligence. This requires showing four key criteria. You’ll have to establish the following criteria in your case: 

• Duty of care: How the party owed you a responsibility to protect you from harm
• Breach of duty: How they failed in this responsibility
• Causation: How their failure contributed to the accident and lead to your injuries
• Damages: How you now suffer physical injuries, emotional trauma, and financial losses

All this can be difficult to do on your own while tending to your health, but a lawyer from our firm can help.

A traumatic brain injury (TBI) lawyer from The Fitch Law Firm LLC will investigate your case, identify the liable party, and help you bring legal action against them. The sooner you get in touch with our Dayton team, the sooner we can begin helping you.

Symptoms of Traumatic Brain Injuries

According to the Mayo Clinic, traumatic brain injuries, depending on their severity, can lead to a long list of health issues and symptoms, such as:

• Issues with vision, such as blurry or spotty vision
• Depression, anxiety, and unexplained fear
• Headache, nausea, dizziness, and vomiting
• Unexplained personality changes
• Frequent and unusual mood swings
• Difficulty remembering things
• Hearing a recurring ringing sound (tinnitus)
• Feeling overly drowsy or exhausted
• Issues with balance
• Oversensitivity to light, sound, or motion

A traumatic brain injury victim may or may not lose consciousness as soon as an injury occurs. Severe cases can also be fatal.

Once a doctor diagnoses a traumatic brain injury, the doctor will need to determine the severity of the injury, the treatment required, and the potential for recovery. These are important factors to consider not just for your own well-being but also for filing a lawsuit against the liable party.

How an Attorney Can Help With Your Case

One of our firm’s attorneys can handle your case. Your personal injury attorney will take on every task in your case and help you recover your due compensation so that you’ll be able to focus on other issues, like your recovery and family matters.

There are many reasons to hire an attorney from our personal injury law firm. Attorney John Fitch, our founder and primary attorney, has over 30 years of experience helping people, so we’re fully capable of managing your case and lawsuit for you. We’ve also had excellent results, such as having obtained a verdict of $134 million dollars* for a client, which may be one of the most successful personal injury verdicts ever in Ohio.

Additionally, we have excellent feedback from our clients and a 5.0 (Superb) rating from Avvo, a successful online marketplace for legal services. The company Three Best Rated previously rated Attorney Fitch among the best personal injury attorneys in Central Ohio. You’ll be in capable hands when you hire one of the attorneys from our firm.

You Must Take Legal Action in Your Dayton TBI Injury Case Before the Deadline Ends

There are legal deadlines for filing lawsuits in Ohio. Claimants generally have two years from the date of their incident to file a personal injury lawsuit, per Ohio Revised Code Section 2305.10. Per Ohio Revised Code Section 2125.02, claimants generally also have two years from the date of their loved one’s passing from injuries suffered in a negligent accident to file a wrongful death lawsuit. We can examine your situation and let you know which deadline applies to your Dayton-area case.

Failure to take legal action within the appropriate deadline for either type of case could result in your lawsuit getting dismissed. If this happens, you will not be able to recover compensation for your damages.

Contacting us early enough also helps in securing and preserving evidence before it is destroyed. Witnesses’ memories can fade, and accident scenes can be cleaned, so to preserve that evidence we need to get started on your case as soon as possible. 

Contact The Fitch Law Firm LLC Today

You do not need to face the consequences of your TBI alone. A traumatic brain injury lawyer serving Dayton from The Fitch Law Firm LLC will handle all legal work in your case. 

Contact our Dayton office today for a free consultation. We may be able to work on a contingency fee basis with no upfront payments. In this case, we’ll only collect attorney’s fees if we recover compensation for you.