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Key Takeaways

  • Traumatic brain injuries (TBIs) can occur from any blow to the head and may have lifelong consequences.
  • Symptoms of TBIs can be subtle and may not appear immediately, making early medical attention crucial.
  • Common causes of TBIs include car accidents, falls, and workplace injuries.
  • Victims of TBIs are often eligible for compensation to cover medical bills, therapy, and lost wages.
  • A skilled Michigan brain injury attorney can help you navigate the claims process and fight for compensation.

Traumatic brain injury is a major concern and a serious condition that people might have to deal with after an accident. Healing and recovering from a brain injury is difficult enough without having to worry about getting compensation and a fair settlement for your accident.

Matz Injury Law is here to help. Our experienced brain injury lawyers can help you get fair treatment after your accident. Contact us or call 866-226-6833 for help today.

What is a Traumatic Brain Injury?

A medical professional points at an MRI scan of the head displayed on a screen, while another person observes. The setting appears to be a clinical or educational environment.

A traumatic brain injury, also known as a TBI, is a type of brain injury that occurs after an accident. If the brain tissue has damage after an accident, it qualifies as a TBI.

Any time a blow, bump, or jolt to the head occurs, it can cause an injury. These types of injuries often happen after a car or slip-and-fall accident. A TBI is a severe brain injury that can have lifelong consequences. Many times, TBI victims can get legal compensation for their injuries.

According to the Centers for Disease Control and Prevention, approximately 214,110 people ended up in the hospital due to TBIs in 2020, and in 2021, 69,473 people died as a result of these injuries. Older individuals and children are at the highest risk for TBI.

There are three tiers of traumatic brain injury: mild, moderate, and severe. No matter how mild it may seem, you should always seek medical attention. Even a concussion can cause long-term damage.

Getting prompt medical and legal care after suffering car accident injuries that may involve a head injury is vital to your recovery.

Symptoms of a Traumatic Brain Injury

One of the reasons why it can be challenging for people to get the proper medical attention after a brain injury is that they don’t recognize the symptoms. Because many TBIs do not leave you with a cut or wound that you can see, you may not realize how severe your damage is. The most impactful signs and symptoms may not show up for weeks and months, leaving victims unaware that their problems stem from the accident.

Some common symptoms and signs that you or a loved one may be suffering from a TBI include:

  • Blurred vision
  • Dizziness
  • Headache (mild or severe headaches)
  • Confusion
  • Change in sleep pattern
  • Mood or behavioral changes
  • Memory or concentration problems
  • Ringing in the ears
  • Unusual taste in the mouth
  • Fatigue
  • Lightheadedness
  • Visual disturbances

Each indicates a mild issue with brain tissue. However, people are often quick to dismiss them as minor.

More severe brain injuries may cause:

  • Slurred speech
  • Inability to wake up
  • Seizures
  • Repeated vomiting
  • Headache that keeps getting worse
  • Loss of balance or coordination
  • Increased confusion
  • Agitation
  • Weakness in the extremities
  • Loss of consciousness

If you experience any of these symptoms, you need medical help immediately. These can indicate a medical emergency. You should not overlook or ignore these symptoms.

Importance of Immediate Legal Consultation

The aftermath of a personal injury accident that led to a TBI can be filled with pain, uncertainty, and stress. While a lot is going on after an injury, the urgency of seeking legal consultation immediately after a brain injury cannot be understated.

The actions taken after a TBI are critical because you must preserve evidence. TBI cases are not easy to prove as they are considered “hidden” injuries. These cases require a lawyer with experience.

Additionally, you want to initiate your case sooner rather than later because your attorney will want to file claims on time so that no important deadlines set by the state of Michigan are inadvertently missed. This way, you do not lose your right to pursue compensation.

You do not need to worry about payments in this personal injury case. Most TBI attorneys provide free consultations and work on contingency. In other words, if you do not receive compensation for damages, neither do they.

How to File a Brain Injury Lawsuit

A judge in a black robe sits at a desk, reviewing documents while a young man in a wheelchair, with bandages on his head and arms, listens attentively in a formal office setting.

Brain injury lawsuits tend to be complex because the injuries are not always straightforward to prove. Here is a step-by-step outline of how to file a brain injury lawsuit.

Step 1: Document Everything

Documentation is vital in brain injury cases. Keep detailed records of every doctor appointment, medication, diagnostic test result, therapy, and other treatment plan. Include dates, times, dosages, and any other relevant details.

It is also helpful to document your injuries in a journal. Write down symptoms (e.g., headaches, memory loss, mood swings, and other difficulties), their severity, and their impact on your day-to-day life.

Other details you should include are missed days of work, problems with grades in school, conflicts in relationships (behavioral or emotional outbursts you may have), and any other ways the injury affects the quality of your life.

Step 2: Hire an Experienced Head & Brain Injury Attorney

Call an experienced Michigan head and brain injury attorney as soon as possible for a free consultation. Head and brain injuries require special handling because they are not like other injury cases where the damage is easy to prove (e.g. broken bones or lacerations).

The right attorney should be knowledgeable about TBI’s legal and medical aspects. Because the effects of the injury will vary from person to person, a highly personalized approach from someone who has experience and understands the complexities associated with brain injuries is needed to handle a case.

Step 3: Prove Negligence and Liability

To successfully navigate a TBI lawsuit in Michigan, you must prove the at-fault party’s negligence. This means establishing a duty of care, breach of duty, causation, and damages. Your personal injury attorney will gather evidence, including medical records, your documentation, witness statements, expert testimony, police reports, and other pertinent information.

Step 4: Calculate the Value of Your Claim

The value of a traumatic brain injury claim is not easy to assess. Your attorney will examine your current economic damages, consider non-economic damages through how the TBI affects your life, and factor in your prognosis.

Depending on the victim’s age (e.g. a child is injured), their health, and other factors, the long-term effects of a TBI may not be known for months, if not longer. Your lawyer will factor this in when calculating a fair value for your claim.

Step 5: Negotiate a Settlement

Most TBI lawsuits do not go to court because your attorney will likely be able to reach a fair settlement through negotiation. Your lawyer will present evidence, demonstrate your damages, and aggressively negotiate for the compensation you deserve. The insurance company may push back and try to undermine your claim. An experienced Michigan TBI attorney will know how to fight back.

Step 6: Consider Mild Traumatic Brain Injury Settlements

Historically, mild traumatic brain injuries (which include concussions) have been dismissed as being less damaging in the long term. We have since learned this is not the case, but insurance companies will still try to lowball compensation offers for mild TBIs.

The reality is even concussions can have lasting effects and cause adverse symptoms, such as memory issues, problems with concentration, and a decrease in executive functioning, to name a few. Your Michigan TBI attorney will know how to advocate in your best interests.

Step 7: Prepare for Trial if Necessary

Sometimes, an insurance company will not agree to a fair compensation settlement. In this scenario, your attorney will prepare your case for trial. This can take time and delay receipt of compensation, but these cases often result in higher compensation amounts.

Get a Michigan Head & Brain Injury Attorney If You Have a Headache After A Car Accident

Traumatic brain injuries can have long-term, life-altering effects, and these conditions are often the fault of another party. While you can work with insurance companies to get a fair settlement, sadly, they are not working on your behalf. Especially in the case of motor vehicle accidents, insurance companies usually want to pay as little as possible. That is why you need to reach out to a personal injury lawyer who has experience with helping brain injury victims for a case evaluation.

An experienced head and brain injury lawyer will fight for you and collaborate with medical professionals to build a strong case, explaining all aspects of your injury so they are thoroughly understood and represented. You have nothing to lose since a case evaluation is free, but you have much to gain.

When a skilled brain injury lawyer fights for you, you have an improved chance of getting a high settlement amount. Your Michigan brain injury attorney knows the ins and outs of the filing and settlement processes, and this increases your likelihood of success while decreasing the chances that you will get something denied on a technicality.

Why Choose Matz Injury Law?

Matz Injury Law is a Michigan personal injury law firm with extensive experience handling traumatic brain injury and other types of injury cases. Clients entrust us with their cases because we have a strong track record, earning more than $300 million for our clients. This includes a $1 million settlement for a 60-year-old woman with a mild closed head injury in Oakland County.

Our compassionate attorneys understand the pain and agony of injury victims and how severe injuries affect them. To help ease their burdens, our lawyers travel to meet with clients. Our team has traveled hundreds of thousands of miles throughout Michigan.

Matz Injury Law has been providing support to brain injury victims and their families for over 30 years. We help you get the medical care and services you deserve without worrying about insurance negotiations. We work tirelessly to help you be fully compensated for all of the trauma you’ve experienced.

If you select us to provide legal representation, you can expect honesty, transparency, and strong communication. You’ll never feel left in the dark. If you have a question, simply call us! You will never be passed to an assistant, and we will get to know each other well.

Testimonials

“I had an amazing experience working with Steve and his practice. Whenever I needed any help, he was right there to help. He even came to my house to discuss my case with me when I was bedridden! His dedication, professionalism, truly made a difference. One of the best parts is he takes 22% not 33%!! I would highly recommend Matz Injury Law to anyone in need of legal assistance. Thanks again to Steve and his practice you truly made this process simple and stress free for me!”- Grant B.

“Jared Matz of Matz Injury Law is an excellent attorney. He is very knowledgeable and I would highly recommend him to anyone needing assistance in matters of law. He goes above and beyond for his clients and has wonderful caring attitude.”- Carl R.

“My family is grateful for Steve Matz’s professional handling of our case. Steve was very thorough, candid, responsive, and strategic in his approach throughout our legal proceedings. If ever in a situation again like my family has experienced over the past year, we would immediately retain Matz Injury Law to represent our interests. Thank you Steve.”- John P.

Settlements

Matz Injury Law has a strong track record for winning settlements for their clients who suffer from traumatic brain injuries.

  • $800,000 Settlement in Ottawa County
  • $480,000 Settlement in Eaton County
  • $310,000 Settlement in an Ionia School Bus Crash
  • $350,000 Settlement in Emmet County

Related Resources

  • Personal Injury Guide to Pain and Suffering in Michigan: Michigan personal injury law allows victims to pursue damages for pain and suffering if they file a claim within three years and can meet the bodily injury threshold. Pain and suffering awards are reduced based on a fault percentage.
  • What To Do After an Auto Accident Neck Injury: Neck injuries caused by car crashes can be severe. If you have neck pain, you must see a healthcare provider immediately and speak to an experienced neck injury attorney. Document all symptoms.
  • Spine Injury From Car Accident: Guide to Injury Compensation: Spinal cord injuries are serious. Car accident victims with any neck or back injury should seek immediate medical attention to receive a diagnosis. This is an injury that should not be ignored.
  • Average Soft Tissue Injury Car Accident Settlement: Soft tissue injuries, such as strains, sprains, and whiplash, are common accident-related injuries. Some heal with no residual effects, but others can cause chronic pain and limited mobility. Motor vehicle accident victims in Michigan can pursue compensation for soft tissue injuries.

Contact Matz Injury Law for a Free Consultation for Your Brain Injury Case

Suffering injury from a car accident is a traumatic event. If you or someone you love has suffered a brain injury after being in a car accident, you may be able to receive compensation for your injuries. Matz Injury Law has the experience, knowledge, and tenacity you need. Contact us today or call 866-226-6833 for a free consultation to discuss your brain injury case with our skilled car accident lawyers.

Frequently Asked Questions

Why Does My Head Hurt After a Car Accident?

Headaches are common after a distressing incident like a car accident. Sometimes, headaches are just that, but other times, they can be indicative of a more serious condition, such as a TBI. Other common causes include post-traumatic headache, concussion, muscle spasm, whiplash injury, pinched nerves in the spine or at the base of the skull, occipital neuralgia, fracture of the spine and/or the skull, and disc herniation.

When Should I Seek Medical Treatment?

Whether you have mild or severe symptoms of head trauma, you need to seek immediate medical treatment, followed by legal advice, to understand your rights and options. If left untreated, a traumatic brain injury can cause long-term effects for the injured individual. Unfortunately, the initial effects of head trauma can go unnoticed, or initial symptoms are mild, so a person may not get an examination.

Failing to get help right away can cause even more damage because of a lack of treatment. Getting medical care and a CT scan after an auto accident or other head trauma is vital to your healing. An accurate diagnosis is critical. Some people will need lifelong support for their impairments. This is why prompt legal and medical care is so vital.

What Should I Do if I Experience a Persistent Headache Following a Car Accident?

If you are experiencing persistent headaches after being in a car accident, you should seek immediate medical attention and then talk with an experienced head and brain injury attorney.

You will also need to contact your insurance company about no-fault benefits. You should call a car accident attorney first because insurance companies will not act in your best interests. Do not sign any settlements or waivers before seeking legal advice.

How Long Can a Headache Last After a Car Accident?

While headaches after a car accident are common, the duration of how long one will last is difficult to speculate on. It will depend upon the type and seriousness of the injury. Common types of headaches include:

  • Migraine headache
  • Concussion headache
  • Tension headache
  • Whiplash headache
  • Fracture headache
  • Pain in the back of the head

For some people, headache symptoms may last 30 minutes to an hour, and for others, the head pain may endure for a week. Causes of headaches could be a common injury symptom, or they might suggest a more serious injury. Never ignore accident headaches.

What Are the Most Common Brain Injuries From Car Accidents?

Some of the most common brain injuries resulting from car accidents include:

  • Concussions
  • Diffuse axonal injuries
  • Contusions (bruises)
  • Skull fractures
  • Intracranial hematomas (brain hemorrhage)
  • Coup-contrecoup injuries
  • Penetrating injuries

In most cases, a neurologist will be called in to evaluate the tests and make a diagnosis.

What Are Some Common Causes of Brain Injury?

So, what can cause a traumatic brain injury? While any blow to the head can, some common reasons we see people seeking legal help for head trauma include:

Many of these issues are personal injury cases that deserve legal help. TBI victims often receive compensation for their injuries, but they need the help of an experienced attorney to protect their legal rights.

What is Talk and Die Syndrome?
What is Talk and Die Syndrome?
What Are the Types of Compensation After a Severe Brain Injury?

Because of the potential long-term consequences of a severe brain injury, victims have many types of compensation they can claim. These include:

  • Coverage for medical bills
  • Ongoing therapy and in-home care
  • Assistive devices
  • Compensation for emotional pain and suffering
  • Lost wages and earning potential

TBIs are complex injuries, and it can be difficult to assess long-term effects. Your attorney can evaluate your case and determine your losses and how much compensation you should receive.

Recent Settlements

$4.15 Million Settlement in Washtenaw County

$4,150,000 settlement on behalf of the family of a college student who was killed in a traffic crash while riding a motorcycle. The settlement came from three different insurance companies.

$450,000 Settlement For a Workplace Injury in Michigan

$450,000 settlement for an injury sustained while working at a manufacturing facility in Michigan. We were able to get around the workers compensation act exclusive remedy by proving our client was not an employee but instead, an independent contractor.

$3.45 Million Settlement In Genesee County

$3.45 million settlement against a cement company whose truck crossed a center line causing three deaths and severely injuring a 4 year-old boy. The settlement was $450,000 in excess of available insurance.

$1.74 Million Settlement Awarded In Calhoun County Collision

$1.74 million settlement against a 19 year-old driver and the fraternity where he was drinking immediately prior to a head on collision that killed a 52 year-old husband and father of 3 children.

$1.3 Million Settlement In Monroe County

$1.3 million Federal District Court settlement on behalf of a mother and daughter in a car/truck collision. Mom suffered a pancreas injury but returned to full-time employment within six months; eight year old daughter suffered an aggravation of a pre-existing learning disability as well as a ruptured spleen.

$1 Million Settlement In Gravel

$1 million settlement for a 52 year-old woman in a rural county who broke both ankles and suffered a retrobulbar hemorrhage of her right eye after being struck by a gravel truck.

$1,000,000 Settlement for Rear-end Accident

Matz Injury Law obtained a $1,000,000 settlement for a woman in Northern Michigan who fractured both ankles as a result of being rear-ended by a gravel truck.

$3,450,000 Settlement From Commercial Vehicle Accident

A settlement of $3,450,000 for a family who lost loved ones as a result of an inattentive cement truck driver.

$100,000 Uninsured Motorist Settlement In Detroit

$100,000 uninsured motorist settlement (policy limit) for family of passenger killed in Detroit in suspected joyriding incident.

$1,000,000 Million Settlement In Oakland County Negligence Case

$1 million settlement on behalf of a 60 year-old woman with a mild closed head injury due to County Road Commission negligence.

$950,000 Settlement On Behalf Of Hillsdale County mother

$950,000 settlement on behalf of the mother of a young boy who died while a passenger in a one-vehicle crash.

$750,000 Settlement in Kalkaska

$750,000 to the family of a passenger killed in a collision on an icy road.

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    “Steve Matz deserves more than 5 stars! He went above and beyond to help me with my automobile accident/lawsuit, and stayed in constant contact with me. He cared about me as a person and how I was feeling or doing.”
    – Holly L.
    “Mr. Matz was great helping me after my auto accident. I had no idea what was going on or where to turn but he led me the correct direction and to the right kind of doctors I needed to treat my injuries. He was there …
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    “Many thanks to Jared and the staff at Matz law! You definitely helped ease a very stressful situation. I really didn’t have to do anything, you folks did it all, which I appreciated very much. It’s never a pleasant e…
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    “If you are looking for the best attorney to handle your automobile accident claim, look no further! I have known Steve Matz for more than 20 years. He successfully represented me in 2001 then again in 2019 followin…
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    “If you’re looking for an attorney to handle your automobile accident/injury claims, then I highly recommend Steve Matz and his team! When I fractured my skull, he helped me settle my bodily injury claim in a timely m…
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    “Following a near head on collision that left my wife with serious injuries to her leg and a head injury from the air bag that caused “instant onset dementia”, she has been deteriorating and needs constant supervision…
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    “I was advised by Steve Matz over several days regarding a previous auto accident. He was very diligent with providing me the information I needed to be successful. I was very worried and misguided about the steps I n…
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    – Linda P.
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