TBIs Can Be Severe and Life-Altering
An unexpected accident can shatter your sense of normalcy in an instant. Imagine driving home from work along O Street in Lincoln or cruising down I-80, only for another driver’s sudden distraction to cause a violent collision. In the immediate aftermath, you might feel slightly dazed or brush off a headache as simple shock, only to find over the coming days that the fog isn’t lifting. Memory lapses, intense mood shifts, and persistent dizziness start to impact your ability to work or care for your family. Dealing with severe head trauma is a deeply isolating experience, and trying to navigate insurance claims while managing complex medical treatments can feel completely overwhelming.
You do not have to handle this immense burden on your own. The brain injury lawyers at Friedman Law Offices have spent more than 60 years helping injured Nebraskans hold negligent parties accountable and secure the resources they need to rebuild their lives. As dedicated catastrophic injury lawyers, we understand the profound, life-altering nature of cognitive and neurological damage. If you or a loved one is struggling to cope with the aftermath of a traumatic brain injury, protect your future by contacting us today for a free, no-obligation case evaluation.
What is a Traumatic Brain Injury?
A brain injury refers to any disruption in the normal functioning of the brain caused by an external force or internal medical trauma. These most commonly occur when a sudden blow, bump, or jolt to the head damages the delicate tissues within the skull.
Brain injuries can also occur without a direct impact, such as when violent acceleration or deceleration forces cause the brain to collide with the interior walls of the skull. In some cases, secondary damage due to swelling can be as severe as, or more damaging than, the initial impact on the brain.
Whether classified as mild (like a standard concussion), moderate, or severe, any disruption to the brain’s complex neural networks can impair physical, cognitive, and emotional capabilities.
What are the Symptoms of a Brain Injury?
Because the brain controls every function of the human body, the signs of an injury can be diverse, unpredictable, and sometimes delayed for days or weeks following an accident. Common symptoms include:
- Physical Symptoms: Persistent headaches, nausea, vomiting, dizziness, chronic fatigue, blurred vision, ringing in the ears, and sensitivity to light or sound.
- Cognitive and Cognitive Impairments: Brain fog, memory loss, difficulty concentrating, slowed processing speeds, and trouble finding the right words.
- Emotional and Behavioral Changes: Sudden mood swings, unexplained irritability, anxiety, depression, and changes in sleep patterns (insomnia or sleeping excessively).
- Severe Indicators: Slurred speech, profound confusion, loss of coordination, seizures, or a temporary loss of consciousness.
Common Causes of a TBI
Traumatic brain injuries are frequently the result of unexpected personal injury accidents caused by someone else’s recklessness or carelessness. Our legal team regularly represents individuals who have sustained head trauma due to:
- Motor Vehicle Crashes: High-velocity impacts from car, semi-truck, and motorcycle accidents are leading causes of severe skull fractures and closed-head TBIs.
- Slip and Fall Accidents: Slipping on icy sidewalks, wet store floors, or poorly maintained stairways can cause a victim to strike their head directly against a hard surface.
- Workplace and Construction Accidents: Falls from ladders, scaffolding collapses, and being struck by falling tools or heavy machinery often result in devastating head trauma.
- Defective Products and Machinery: Malfunctioning safety equipment or design defects in commercial goods and vehicles can directly fail to protect or actively cause severe trauma.
Long-Term Consequences of a TBI
Unlike broken bones that routinely mend within a few months, a severe brain injury can lead to permanent, life-altering complications. Victims often face long-term cognitive deficits that permanently impair their earning capacity or prevent them from returning to their chosen profession.
Ongoing neurological issues may require years of speech, occupational, and physical therapy at specialized rehabilitation centers like the Madonna Rehabilitation Hospital in Lincoln. Additionally, the chronic pain, emotional instability, and loss of independence associated with a severe TBI place a tremendous emotional and financial strain on the victim’s entire family, requiring comprehensive care that can last a lifetime.
How to Prove Negligence in TBI Cases
To successfully pursue a personal injury claim for a traumatic brain injury, your attorney must establish that your injury was the direct result of another party’s negligence. This involves proving four key legal elements:
- Duty of Care: The at-fault party had a legal obligation to act reasonably and safely (e.g., a motorist’s duty to obey traffic laws).
- Breach of Duty: The responsible party failed to uphold that obligation through a careless or reckless action (e.g., distracted driving or failing to clear a property hazard).
- Causation: This specific breach directly caused the accident that led to your head trauma.
- Damages: You suffered measurable losses, such as medical bills, lost income, and pain and suffering, because of the injury.
Proving these elements in a TBI case requires a meticulous gathering of evidence. Our firm utilizes accident reconstruction experts, eyewitness testimony, medical records, and detailed evaluations from neurologists to definitively establish liability and demonstrate the exact link between the defendant’s negligence and your neurological damage.
Modified Comparative Negligence Rule
Nebraska follows a modified comparative negligence rule, often called the “50% bar rule.” This means that a plaintiff can still recover damages if they are partially at fault for a TBI accident — unless the plaintiff is found to be 50% or more at fault for the accident, in which case recovery is completely barred.
Under Neb. Rev. Stat. § 25-21,185.09, the percentage of negligence assigned to the plaintiff reduces the damages awarded by that percentage. For example, if a plaintiff is 20% at fault for an accident and the damages total $500,000, the plaintiff would be awarded $400,000 ($500,000 minus 20%).
Statute of Limitations for Filing a Personal Injury Claim in Nebraska
When pursuing compensation for a traumatic brain injury in Nebraska, time is of the essence. The state enforces a strict statute of limitations that dictates how long an injured party has to file a civil lawsuit against the negligent party. For most standard personal injury claims based on negligence, Nebraska law provides a four-year deadline from the exact date of the accident.
However, there are critical exceptions to this rule. If the brain injury was caused by medical malpractice, or if the claim is being brought against a city, county, or state government entity, the timelines are significantly shorter, often requiring formal tort claim notices to be filed within one year. Waiting too long can permanently bar you from recovering compensation. Contacting an attorney immediately ensures that vital physical evidence is preserved, medical data is collected while fresh, and all statutory deadlines are securely met.
Getting Compensation for Your Brain Injury in Nebraska
The financial repercussions of managing a brain injury can quickly become catastrophic. Through a personalized civil claim or lawsuit, Friedman Law Offices fights to recover comprehensive damages that account for the full scope of your current and future losses. In Nebraska, victims can pursue compensation for both economic and non-economic damages, including:
- Medical Expenses: Coverage for emergency room visits, diagnostic imaging (MRIs, CT scans), surgeries, prescription medications, specialized medical equipment, and lifelong rehabilitation therapies.
- Lost Wages and Diminished Earning Capacity: Reimbursement for the income lost while recovering, as well as compensation for a permanent disability that limits your future ability to work or advance in your career.
- Pain and Suffering: Monetary damages designed to compensate for physical pain, mental anguish, emotional distress, and loss of enjoyment of life caused by the injury.
- Permanent Disability and Disfigurement: Awards reflecting the profound impact a permanent cognitive or physical limitation has on your daily independence and overall quality of life.
How Can Friedman Law Offices Help?
Navigating the legal landscape while recovering from a serious head injury is an nearly impossible task to handle alone. At Friedman Law Offices, our five experienced trial attorneys take the legal burden entirely off your shoulders so you can focus exclusively on your medical recovery. When you choose to partner with our firm, we will:
- Conduct a Comprehensive Investigation: We preserve critical evidence, review police reports, interview witnesses, and subpoena electronic records to build an ironclad case.
- Collaborate with Medical and Financial Experts: We consult with top-tier neurosurgeons, life-care planners, and economists to accurately project the lifetime financial impact of your injury.
- Manage All Insurance Communications: Insurance adjusters routinely use tactics to minimize payouts or shift blame. We handle all negotiations directly, protecting you from lowball settlement offers.
- Provide Fearless Courtroom Representation: If the insurance provider refuses to offer a fair settlement that reflects your true needs, our seasoned litigators will not hesitate to take your case to trial to fight for justice before a judge and jury.
Contact Us Today to Schedule a Free Consultation
A traumatic brain injury changes everything in an instant, introducing unexpected physical, cognitive, and financial hardships to your daily life. Proving the long-term impact of neurological damage requires a thorough understanding of medical evidence, Nebraska personal injury statutes, and aggressive negotiation strategies. You do not have to confront corporate insurance companies alone while trying to heal.
The brain injury lawyers at Friedman Law Offices have spent over six decades protecting the rights of injured Nebraskans. As experienced catastrophic injury lawyers, we possess the specialized resources and trial experience necessary to maximize your compensation and secure your family’s future. We operate on a contingency fee basis, meaning you owe us no attorney fees unless we successfully recover money for your claim. Don’t leave your recovery to chance. Contact Friedman Law Offices today to schedule your free initial case consultation.