A head injury is one of the most devastating types of injuries, affecting every aspect of your life. In addition, the mechanisms of a traumatic brain injury (TBI) are not well understood, so treatments are sometimes limited. Yet, even in mild cases, people may have to undergo physical therapy and pain management. In the worst cases, lives may be irreversibly altered.
If you or a loved one has suffered a TBI after an accident in Des Moines, you may be entitled to compensation for your medical bills and other losses.
Contact a Des Moines TBI lawyer from Hope Law Firm. We can guide you and your family through the legal process to recover damages from the negligent corporation or person who caused your accident. Contact us today for your free and confidential case consultation.
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Why Choose Our Des Moines TBI Lawyers?
Selecting Hope Law Firm for your TBI case means choosing a team with an extensive and successful track record in complex litigation. Our attorneys have over 125 years of combined litigation experience, having conducted over 100 bench and jury trials in State and Federal Courts across Iowa.
Our firm has successfully mediated and resolved over 1,000 disputes, representing more than 5,000 clients in Iowa. We have a solid record of success, recovering tens of millions of dollars for injured Iowans year after year.
Our team consists of gifted problem-solvers, negotiators, and trial lawyers who are both sensitive in their private counsel and aggressive in their representation. Our Des Moines personal injury attorneys understand the intricacies of TBI cases and are equipped to handle them with care and professionalism.
Contact us today for your free, no-obligation consultation. Let’s discuss your case and your options for financial recovery.
Common Causes of TBIs in Des Moines
Des Moines is a city with many attractions and activities, but it also has its share of dangers and risks for TBI accidents. When someone’s negligence leads to an accident that injures someone, they may have grounds to seek compensation through a TBI claim. Some leading causes of accident-related head injuries include:
- Falls — Including construction site accidents, slip and fall accidents on unsafe property, falls from defective ladders, and nursing home neglect
- Motor vehicle crashes — Involving cars, tractor-trailers, motorcycles, snowmobiles, bicycles and pedestrians
- Violence — Equaling about 20 percent of all TBI, includes gunshot wounds, blunt trauma, fistfights and shaken baby syndrome
- Birth injuries – Any harm or injury to a baby that occurs during the process of childbirth, resulting from physical pressure or trauma during labor and delivery, or they can be related to medical negligence or malpractice
- Medical malpractice - When a healthcare professional deviates from the standard of care in their field, leading to harm, injury, or death of a patient
Whether you are driving on busy roads like Interstates 80, 35, and 235, working in industrial areas like Valley Gardens Business Park or Southeast Agribusiness Park, or enjoying recreational sites like Iowa Events Center, Sleepy Hollow Sports Park, or the state fairgrounds, you may encounter negligent or reckless behavior from others that can cause you a TBI.
At Hope Law Firm, we have the local knowledge and experience to understand the context of each TBI case, ensuring we customize our approach to meet the unique challenges faced by Des Moines residents.
Do I Have a TBI Case?
Good morning! In the context of personal injury law, negligence refers to a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).
To have a successful traumatic brain injury case based on negligence, the plaintiff (the injured party) typically must establish four key elements:
- Duty of Care: The plaintiff must prove that the defendant owed them a duty of care. This means the defendant had a legal obligation to act a certain way toward the plaintiff. For instance, drivers have a duty to follow traffic laws and operate their vehicles safely to avoid harming others on the road.
- Breach of Duty: The plaintiff must demonstrate that the defendant breached that duty of care. A breach occurs when the defendant fails to meet the expected standard of care. In the context of a TBI case, this could mean that someone acted recklessly or carelessly, leading to an accident that caused the injury.
- Causation: The plaintiff must show that the defendant's breach of duty directly caused the traumatic brain injury. This involves proving both cause-in-fact (the injury would not have occurred but for the defendant's actions) and proximate cause (the injury was a foreseeable result of the defendant's actions).
- Damages: Finally, the plaintiff must prove that they suffered actual damages as a result of the injury. This can include medical expenses, lost wages, pain and suffering, and other losses attributable to the TBI.
Establishing these four elements can be complex and often requires the support of medical experts, accident reconstruction specialists, and legal professionals to build a compelling case.
The Financial Toll of a TBI
TBIs can range from mild concussions to severe brain damage, affecting cognitive, physical, emotional, and behavioral functioning. The complexity and variability of TBIs make it challenging to predict outcomes and tailor treatments. The cost of treating and managing TBIs can be enormous, placing a significant financial burden on individuals, families, and healthcare systems. Several reasons make TBIs one of the most complex and costly injuries to treat, such as:
- Immediate and Intensive Care: TBIs often require immediate medical attention that can include emergency treatment, surgery, and intensive care hospitalization. The acute phase of treatment for a TBI can be extremely resource-intensive, requiring specialized medical personnel and technology.
- Long-term Rehabilitation: Many individuals with TBIs require extensive rehabilitation services, including physical therapy, occupational therapy, speech and language therapy, and psychological support. These services may be needed for months, years, or even a lifetime, depending on the severity of the injury.
- Specialized Medical Professionals: Treatment and rehabilitation often involve a multidisciplinary team of specialists, including neurologists, neuropsychologists, physiatrists, and therapists. The specialized care required by TBI patients can significantly contribute to the overall cost.
- Medication and Medical Equipment: Individuals with TBIs may need various medications to manage symptoms such as seizures, headaches, mood disorders, and sleep disturbances. Additionally, adaptive equipment and home modifications may be necessary to accommodate a patient's physical and cognitive limitations.
- Loss of Income and Productivity: TBIs can significantly impact an individual's ability to work, either temporarily or permanently. This loss of income, combined with the direct costs of treatment, can financially strain patients and their families.
- Long-term Care and Support Services: Some individuals with severe TBIs may require long-term care services, including home health care, personal care assistance, and specialized living arrangements. These services add to the overall cost of managing TBIs.
- Psychological and Social Support: Beyond physical injuries, TBIs can have profound psychological and social effects on patients and their families, necessitating counseling and support services to help cope with changes in personality, behavior, and social integration.
What Compensation is Available to TBI Victims in Des Moines?
In TBI cases, the compensation aims to cover a wide spectrum of damages due to the often severe and long-lasting nature of these injuries. This includes:
Medical Expenses
For TBI victims, medical expenses can be extensive and ongoing. Compensation covers emergency treatment, hospital stays, surgeries, rehabilitation, therapy sessions, and any future medical needs related to the injury.
Proving these expenses involves gathering detailed medical records, bills, and expert testimonies on future medical requirements. At Hope Law Firm, we compile all relevant medical documentation to ensure that the full scope of your medical expenses, both current and future, is accurately represented in your claim.
Lost Wages and Future Earning Capacity
TBI can significantly impact an individual's ability to work, leading to lost wages or income and potentially affecting future earning capacity.
Our team assists in documenting these losses by collecting employment records, previous pay stubs, and expert assessments of your ability to return to work or pursue gainful employment in the future.
We are dedicated to ensuring that your compensation reflects not only immediate financial losses but also the long-term impact on your career and earning potential.
Pain and Suffering
The non-economic damages associated with TBIs, such as pain and suffering, are profound and often the most challenging to quantify. Pain and suffering compensation considers the physical pain, emotional trauma, and overall decrease in life quality post-injury.
We gather comprehensive evidence, including medical and psychological evaluations, to vividly portray the depth of your suffering.
Our attorneys are skilled at articulating these aspects of your claim, ensuring that your pain and suffering are duly recognized and compensated.
Life Care Expenses
TBIs often require long-term or lifelong care, including home modifications, ongoing personal care services, and specialized equipment. We work to ensure these life care expenses are fully covered, providing you with the resources necessary for long-term support and care.
Fighting the Insurance Company
Dealing with insurance companies in TBI cases requires an assertive and knowledgeable approach. Insurers may attempt to minimize the severity of your injury or dispute the need for certain treatments:
Minimization of Injury Severity
Insurance companies often attempt to downplay the severity of a TBI. They might argue that the injury is less severe than claimed or that the symptoms will not have a long-term impact.
At Hope Law Firm, we counter this by compiling a comprehensive medical summary, including detailed medical evaluations, expert testimonies, and documentation of ongoing symptoms. Our approach is to present a clear, evidence-based depiction of the injury’s severity and its implications on your life.
Disputing Treatment Necessity
Insurers may dispute the necessity of certain treatments or therapies, labeling them as excessive or unrelated to the TBI. We address this challenge by working closely with medical professionals to substantiate the need for every aspect of the treatment plan.
This includes gathering expert opinions on the necessity of various medical interventions and illustrating how they contribute to your recovery and quality of life.
Challenging Long-Term Impacts
Another common tactic is challenging the long-term impacts of a TBI. Insurers might argue that the victim will fully recover or adapt quickly, thus reducing the need for long-term compensation.
We prepare for this by obtaining prognoses from neurologists and other specialists, and possibly life care planners, to demonstrate the long-term or permanent nature of the injury.
Our aim is to ensure that the full extent of the injury, including potential future complications and needs, is recognized and accounted for in the settlement.
Questioning Liability and Comparative Fault
Insurance companies may also question liability in the incident or invoke Iowa's comparative fault rule to reduce their payout or deny their claim. They might suggest that the victim had a role in the incident leading to the TBI.
Our legal team investigates the incident, gathering evidence such as accident reports, witness statements, and, if necessary, reconstructions to firmly establish liability and counter any claims of comparative fault.
Settlement Negotiations and Litigation
In negotiations, insurance companies may offer settlements that are inadequate for the victim's needs. We engage in tough, informed negotiations to ensure that any settlement offer adequately covers all aspects of your damages. If the other party refuses a fair settlement through negotiations, we are fully prepared to advance the case to court.
Our litigation strategy involves presenting a compelling, evidence-backed case to the jury, emphasizing the full impact of the TBI on your life and the need for just compensation.
What to Do After a TBI? Call Our Des Moines TBI Lawyers Today.
If you or a loved one suffered a TBI in Des Moines:
- Seek immediate medical attention and keep a detailed record of all treatments and diagnoses.
- Document the incident and its aftermath, including how the injury has impacted your daily life.
- Consult with Hope Law Firm as soon as possible. Early legal guidance is advised in TBI cases. Bring all relevant information to us, and let our skilled attorneys go over your case with you.
At Hope Law Firm, we are committed to supporting TBI victims in Des Moines. We offer comprehensive legal services, from claim filing to courtroom representation, ensuring you receive the care and compensation you deserve.
Contact us at (712) 424-4673 or through our online form for your free consultation and to discuss your options for financial recovery.
Hope Law Firm - Des Moines Office
Address: 666 Walnut St Suite 2220
Des Moines, IA 50309
Phone: (712) 424-4673