Think about what you’ve done so far today. You woke up, brushed your teeth, and tied your shoelaces. You listened to music or read the newspaper. Maybe you remembered someone’s birthday or an important meeting at work.
If you or someone you love has a brain injury, these simple tasks might be difficult–or impossible. And that’s why you’re searching for a brain injury lawyer in Oklahoma.
According to the Centers for Disease Control (CDC), 30% of people with traumatic brain injury (TBI) become worse within five years, and 22% stay the same. Only 26% improve. Brain injuries are serious, but there is a silver lining: If your brain injury was someone else’s fault, you may be able to get compensation to help you afford treatment and other quality-of-life needs.
Brain Injury Laws in Oklahoma
Whether you’re looking for a brain injury lawyer in Oklahoma City, a medical malpractice lawyer in Tulsa, or had a slip-and-fall accident at a football game in Norman, the statute of limitations for personal injury lawsuits in the state is the same: two years from the date of the injury. That means you must begin the process of filing your lawsuit within two years.
You’ll also need to prove that your brain injury was caused by the specific event and person you claim it was, and is not a pre-existing injury. And, if it is legally determined that you’re more than 50% at fault for the event, you won’t be able to claim compensation.
Types of Brain Injury
First, you’ll need to establish your medical history and type of injury you suffered. Some of the most common types are:
- Skull fractures
- Penetrating injuries
- Concussions
- Intracranial hematomas
- Neuronal damage
TBIs are categorized as mild, moderate, or severe according to the Glasgow Coma Scale, which assigns a score soon after the injury based on verbal and motor response and eye movement. TBI severity ratings can also include structural imaging, how long you were unconscious, and the severity of amnesia following the event.
Common Events That Cause Brain Injury
According to the CDC, the most common causes of TBIs are:
- Falls, which are responsible for nearly half of TBI-related hospitalizations
- Firearms, the most common cause of TBI-related deaths
- Assaults
- Motorcycle accidents
- Trucking accidents
- Accidents on the job
- Medical malpractice
- Sports injuries
The process for figuring out who is at fault varies based on the event. For example, insurance companies often determine fault for motor vehicle accidents, while the police will be involved in assaults and firearms incidents. Your lawyer can also help with the process.
Types of Damages for Oklahoma Brain Injury Cases
Moderate and severe brain injuries are costly in more ways than one. A 2019 study found that in-hospital costs for severe TBI can reach more than $400,000–and that doesn’t include rehabilitation and long-term care. Brain injury survivors also often have symptoms that mean they can’t return to work, like impaired memory, difficulty speaking, and decreased motor skills. That impacts their ability to make a living and contributes to pain and suffering.
Oklahoma law allows you to receive both economic damages, which includes medical and rehabilitation bills and lost income, as well as non-economic damages, which includes pain and suffering. Settlement amounts can also depend on whether you’re responsible for a percentage of the event. For example, if you’re found 10% responsible for a car accident, the amount you’re awarded will be reduced by 10%.
How an Oklahoma Brain Injury Lawyer Can Help
Hiring a brain injury lawyer in Oklahoma can help you win your case and help you get more compensation than you might get otherwise. Your attorney can:
- Investigate liability and help prove you were not at fault
- Review reports, medical records, and bills to determine economic damages
- Call on medical experts and witnesses to help prove the severity and lasting consequences of your brain injury
- File the lawsuit and open formal discovery to gain access to more information
- Ensure all evidence is disclosed
- Handle communications with sophisticated and prepared defense teams
- Negotiate a better settlement
You can be sure that corporations and insurance companies are well-prepared to defend themselves against brain injury claims, and you should be, too. There’s simply no substitute for having an experienced brain injury attorney on your side.
The Bottom Line
Brain injury survivors experience long-lasting consequences–and those who cause them should, too. From Lawton to Norman, from Tulsa to Oklahoma City, brain injury lawyers like The Oklahoma Injury Guy can help you and your loved ones get the compensation you deserve. Get started with a free case evaluation and we’ll get to work for you.