Brain Injury Lawyers in Oklahoma City, OK

The National Institutes of Health reports that the average cost for hospitalization following brain injury, depending on the severity of the damage and length of hospitalization, ranges from $2,130 to $401,808. Over the course of a lifetime, the CDC states that a brain injury may cost between $85,000 and $3 million.

Brain injury costs may include rehabilitation and therapy, specialized care, home modifications, diminished earning capacity, and forced changes to lifestyle, all of which can be ongoing.

Like other personal injury claims, damages sought through a brain injury lawsuit will include:

• Special Damages. These include medical bills, lost wages, home modifications, and all other expenses that can be linked directly to the injury
• General Damages. These include physical pain, emotional suffering, reduced quality of life, and similar issues that, while lacking in fixed costs, still impact victims of serious injury

Each case is unique. There is no average settlement or set amount that brain injury victims should expect. However, an experienced legal team will seek compensation for special and general damages to help ensure the most favorable outcome.

Most personal injury claims are settled long before a trial is necessary. In these cases, resolving a brain injury claim may take less than one year. When a claim needs to go to trial, however, it can take two years or more.

Cases that go to trial are heard before a jury, which can increase the compensation offered. However, taking a case to trial is neither needed nor appropriate for every claim. The attorneys at Johnson & Biscone are experienced litigators who prepare every case for trial to ensure we are ready to offer the most effective representation no matter what direction a claim takes.

You have two years to file a personal injury claim following your accident. However, your expenses will begin to accrue long before that time approaches. Therefore, we encourage you to get in touch with our office as soon as possible following the injury to help prevent needless complications.

Most people with mild to moderate TBI fully recover. However, it may take months or even years of therapy, rehabilitation, and effort for full brain function to be restored.

Victims of severe TBI are unlikely to recover full function, even with special care, and may need round-the-clock assistance.

Negligence occurs when a person fails to act with reasonable care, harming another individual. To prove negligence, you need to establish the following elements:

• Duty of care: The responsible party owes others a duty of care. Drivers must follow traffic laws; property owners must maintain safe premises, etc.
• Breach of duty: The responsible person did not uphold their duty of care.
• Causation: This breach caused your injury.
• Damages: You suffered measurable harm. This might include medical expenses, lost wages, or pain and suffering.

Proving negligence also involves the following steps:

• Gathering Evidence:
• Collect accident reports, medical records, photographs and witness statements.
• Document your injury’s physical, emotional and financial impact.
• Preserve physical evidence, such as damaged property or defective products.
• Consult Experts:
• Speaking with a medical professional to confirm the nature and extent of your brain injury.
• Hiring an attorney with experience in brain injury cases to help investigate the circumstances.
• Engaging expert witnesses (accident reconstruction specialists, medical professionals, etc.).
• Investigate the Circumstances:
• Determining if unsafe conditions, reckless behavior, or other factors contributed to your injury. For example:
• Was the driver in your accident intoxicated or distracted?
• Did the property owner know about a hazard but failed to address it?
• Did a product manufacturer provide faulty equipment?

You can still file a lawsuit even if you share partial blame for the accident that caused your brain injury. Oklahoma follows a modified comparative negligence system. This means:

• Percentage of Fault Matters: If you played a role in the accident, your compensation will decrease by the percentage of fault assigned to you. Say you are found 30% at fault and your damages total $100,000. You would be eligible to recover $70,000.
• There is a 50% Bar Rule: You can recover damages if you are under 51% at fault. If you are found to be 51% or more at fault, you cannot recover any compensation.

Medical experts are crucial in brain injury lawsuits by providing fair, professional insights. Here are some examples of how medical experts contribute:

• Diagnosing the Injury: Medical experts diagnose the type and extent of the brain injury. They interpret imaging studies to confirm brain damage and its severity.
• Establishing Causation: Medical experts explain how the injury occurred and whether it resulted from the defendant’s negligence.
• Explaining Long-Term Effects: Experts can outline the injury’s potential long-term impacts. This includes cognitive, physical, and emotional challenges.
• Calculating Future Medical Needs: Medical professionals can project the cost of ongoing care. This includes rehabilitation, therapy, medications, and necessary medical equipment or support.
• Rebutting Defense Arguments: The defense may argue that the injury is pre-existing or unrelated to the incident. Medical experts can refute these claims.
• Educating the Court: Brain injuries can be complex and difficult for a jury to understand. Medical experts break down complicated medical information into understandable terms.
• Supporting Non-Economic Damage Claims: Medical experts can substantiate pain, suffering, and emotional distress claims.