Traumatic Brain Injury Attorneys in Lexington, Kentucky

A traumatic brain injury, also known as a TBI, can have a life-altering impact on the victim and their entire family. The severity of the impact can depend on the part of the damaged brain and several other factors. Suffering a brain injury resulting from a traumatic event can cause irreparable damage to the victim’s physical and mental health as well as their financial well-being.  

If your traumatic brain injury is the result of someone else’s negligent or reckless behavior, you may be entitled to financial compensation. At Wilson & McQueen, PLLC, we help represent injured victims who have experienced the pain and hardships caused by TBIs. Our traumatic brain injury attorneys in Lexington, Kentucky, are committed to advocating fiercely on behalf of our clients and helping them recover maximum compensation. Our law firm proudly serves clients in Lexington, Richmond, London, Nicholasville, and Georgetown.  

Common Traumatic Brain Injuries (TBIs) 

While many instances of people suffering traumatic brain injuries involve a blow to the head, you do not necessarily need to hit your head to suffer a TBI. TBIs can be the result of direct trauma or indirect forces applied to the skull, such as a whiplash motion.  

In 2020, TBIs accounted for more than 214,000 hospitalizations in the United States, according to the Centers for Disease Control and Prevention. Some of the common examples of traumatic brain injuries include: 

• Concussion. Concussions are among the most common types of TBIs associated with temporary loss of normal brain function. A person diagnosed with a concussion may lose consciousness for less than 30 minutes or suffer from other symptoms such as disorientation.  

• Moderate TBI. Typically, a person is diagnosed with a moderate TBI when they lose consciousness for more than 30 minutes but less than one day.  

• Severe TBI. If a person remains unconscious for more than one day, their TBI is classified as “severe.” 

• Closed. A TBI is closed when an outside force is applied to the head but no foreign object penetrates the skull.  

• Open. A TBI is open or penetrating when a foreign object (e.g., a bullet) penetrates the skull, causing direct damage to the brain tissue.  

Medical professionals recognize many types of traumatic brain injuries, including but not limited to diffuse axonal injury, coup-countercoup brain injury, contusion, brain hemorrhages, intracranial hematoma, and others. It is critical to have a timely and proper diagnosis after a traumatic event, even if you feel fine in the minutes, hours, or even days following the incident. It is not uncommon for symptoms to not be obvious at first.  

Getting a Proper TBI Diagnosis  

When you go to a doctor after a traumatic event such as a car accident, slip and fall accident, or another, the doctor will usually ask you about your symptoms. Depending on how you feel and what your symptoms are, the doctor may suspect a TBI and order additional tests such as: 

• Imaging tests, including an MRI or CT scan 

• Neurological evaluation to check your motor function, memory, thinking, and sensory function 

• Blood test to look for the presence of the brain proteins UCH-L1 and GFAP 

People may not always get a proper and timely TBI diagnosis after a traumatic event, especially when no symptoms are present. However, as mentioned earlier, it is vital to seek immediate medical attention to check for potential damage to the brain, especially if the incident involved any type of force applied to your head.  

Legal Challenges of a TBI Claim  

A traumatic brain injury can be devastating due to its effect on nearly every aspect of the victim’s life. Being diagnosed with a TBI presents several challenges for your legal claim for compensation: 

• The injury may not be detectable right away. Sometimes, even an MRI scan may not be able to detect a traumatic brain injury. If it takes weeks, months, or even years to manifest symptoms following the traumatic event, the victim may have a hard time proving what caused their injury.  

• The extent of the TBI may not be easy to determine. Even if a TBI is detected following the traumatic event, it is almost always difficult to determine the extent of the damage and the potential impact of the TBI on the victim’s life. This may cause potential challenges when trying to calculate the appropriate settlement amount.  

Our attorneys at Wilson & McQueen, PLLC, understand the potential legal challenges of a TBI claim and can use their nearly 100 years of combined legal experience to help you navigate this difficult time and obtain the compensation you deserve.  

Possible Compensation for Traumatic Brain Injuries 

The amount of compensation that a victim can receive after a TBI diagnosis is based on several factors, including the severity of the injury and its impact on various aspects of the victim’s life. Typically, compensation in a TBI case includes the following damages: 

• Medical bills 

• Rehabilitation and therapy 

• Loss of income 

• Diminished earning capacity 

• Loss of enjoyment of life 

• Pain and suffering 

In extreme cases, a traumatic brain injury can make the victim incapacitated either temporarily or permanently. When this happens, the loved ones of the incapacitated person can pursue compensation on their behalf. However, this may require establishing a conservatorship first. You need to speak with an attorney to get guidance throughout the legal procedures involved when filing a TBI claim on behalf of an incapacitated loved one.