CHATTANOOGA BRAIN INJURY LAWYER

A traumatic brain injury (TBI) is a type of brain injury that occurs when an external force causes damage to the brain. It can result from various incidents such as car accidents, falls, sports injuries, or violent assaults. The severity of a TBI can vary widely, from a mild concussion to a more severe injury that causes long-term disability or even death.

TBIs are typically classified into three categories:

• Mild TBI (Concussion): The most common type, where a person may lose consciousness briefly or not at all. Symptoms often include headaches, confusion, dizziness, light sensitivity, irritability, or nausea, among other symptoms, but may not be immediately apparent.
• Moderate TBI: A person may lose consciousness for an extended period, and symptoms can include significant confusion, memory problems, and difficulty with coordination or speech.
• Severe TBI: This can cause long-lasting or permanent brain damage. Loss of consciousness for an extended period or a coma is common, and patients often experience significant cognitive, motor, and emotional challenges.

Symptoms of TBI can vary depending on the injury's severity and the area of the brain affected. Common symptoms include headaches, memory problems, difficulty concentrating, changes in mood, dizziness, and sometimes sensory issues like blurred vision or ringing in the ears.

TBIs can lead to a variety of long-term effects, including cognitive impairments, difficulty with motor skills, emotional changes, and even personality shifts. Treatment typically involves medical intervention to stabilize the injury, followed by rehabilitation to help the individual regain function and adapt to any lasting changes.

If you believe that you are exhibiting any symptoms following a trauma in Chattanooga, Tennessee, it’s important to take immediate action to ensure your health and safety. Here’s what you should do:

Seek Medical Attention Right Away

Even if symptoms seem mild or develop later, you should see a doctor as soon as possible. A healthcare professional can assess your condition and order necessary tests, such as a CT scan or MRI, to diagnose the injury accurately. Delaying care can result in complications or worsen the injury.

Monitor Your Symptoms

Monitor and document any symptoms you experience, such as headaches, dizziness, confusion, nausea, blurred vision, memory issues, or changes in mood. Keep in mind that some symptoms may not develop immediately after the accident and can become more noticeable over time.

Rest and Recover

Give your brain time to heal by getting plenty of rest. This includes both physical rest (avoiding activities like exercise) and mental rest (limiting screen time and activities that require focus, like reading or working). 

Follow Up With Your Doctor

After your initial visit, it’s important to follow your doctor’s advice and attend follow-up appointments. A TBI can have long-term effects, and regular check-ups can ensure proper recovery.

Contact Morgan & Morgan

If the brain injury was the result of an accident that wasn’t your fault, it might be a good idea to consult with a personal injury lawyer. They can help determine if you are entitled to compensation for medical bills, lost wages, and pain and suffering.

Morgan & Morgan handles a variety of traumatic brain injury (TBI) cases, advocating for victims who have sustained injuries due to the negligence of others. Here are some common types of TBIs in Chattanooga, Tennessee:

Concussions (Mild TBI):

The most common type of brain injury, concussions, often result from blows to the head, falls, or accidents like car crashes. While many people recover fully from concussions, some may experience lingering symptoms that affect daily life, such as headaches, dizziness, and difficulty concentrating.

Contusions (Bruises to the Brain):

A contusion is a bruise that forms on the brain tissue after a direct blow or impact to the head. These injuries can cause swelling and bleeding in the brain and may require immediate medical attention to help prevent additional damage.

Coup-Contrecoup Injuries:

This type of injury occurs when the brain is jolted and strikes the inside of the skull at both the point of impact (coup) and on the opposite side (contrecoup). This can lead to widespread brain damage and is common in car accidents or falls.

Diffuse Axonal Injury (DAI):

DAI occurs when the brain is subjected to violent shaking or rotational force, causing the nerve fibers in the brain, known as axons, to tear. This type of injury is commonly associated with high-impact accidents, such as serious car crashes, and can lead to severe long-term disability or coma.

Penetrating Brain Injuries:

These occur when an object, such as a piece of metal or glass, penetrates the skull and enters the brain tissue. Penetrating injuries can cause significant damage, often leading to cognitive, motor, and emotional deficits.

Brain Hemorrhages (Bleeding):

A brain hemorrhage occurs when a blood vessel in the brain bursts, leading to internal bleeding. This type of injury can be life-threatening and requires immediate medical attention to prevent further complications. It may result from a serious fall or a high-impact accident.

Subdural Hematoma:

A subdural hematoma is a collection of blood between the brain and its outer covering. It often results from a head injury, and the buildup of blood can increase pressure on the brain, leading to serious complications.

Epidural Hematoma:

This injury occurs when blood accumulates between the skull and the brain’s outer protective layer following a head injury. The resulting pressure and swelling on the brain can become life-threatening and often require emergency surgical treatment.

Chronic Traumatic Encephalopathy (CTE):

Although more commonly associated with repeated head trauma (such as in athletes or military personnel), CTE can also result from a single severe TBI. It causes long-term cognitive decline, memory problems, and mood changes, and is diagnosed posthumously.

Morgan & Morgan handles a variety of traumatic brain injury (TBI) cases, advocating for victims who have sustained injuries due to the negligence of others. Here are some common types of TBIs in Chattanooga, Tennessee:

Concussions (Mild TBI):

The most common type of brain injury, concussions, often result from blows to the head, falls, or accidents like car crashes. While many people recover fully from concussions, some may experience lingering symptoms that affect daily life, such as headaches, dizziness, and difficulty concentrating.

Contusions (Bruises to the Brain):

A contusion is a bruise that forms on the brain tissue after a direct blow or impact to the head. These injuries can cause swelling and bleeding in the brain and may require immediate medical attention to help prevent additional damage.

Coup-Contrecoup Injuries:

This type of injury occurs when the brain is jolted and strikes the inside of the skull at both the point of impact (coup) and on the opposite side (contrecoup). This can lead to widespread brain damage and is common in car accidents or falls.

Diffuse Axonal Injury (DAI):

DAI occurs when the brain is subjected to violent shaking or rotational force, causing the nerve fibers in the brain, known as axons, to tear. This type of injury is commonly associated with high-impact accidents, such as serious car crashes, and can lead to severe long-term disability or coma.

Penetrating Brain Injuries:

These occur when an object, such as a piece of metal or glass, penetrates the skull and enters the brain tissue. Penetrating injuries can cause significant damage, often leading to cognitive, motor, and emotional deficits.

Brain Hemorrhages (Bleeding):

A brain hemorrhage occurs when a blood vessel in the brain bursts, leading to internal bleeding. This type of injury can be life-threatening and requires immediate medical attention to prevent further complications. It may result from a serious fall or a high-impact accident.

Subdural Hematoma:

A subdural hematoma is a collection of blood between the brain and its outer covering. It often results from a head injury, and the buildup of blood can increase pressure on the brain, leading to serious complications.

Epidural Hematoma:

This injury occurs when blood accumulates between the skull and the brain’s outer protective layer following a head injury. The resulting pressure and swelling on the brain can become life-threatening and often require emergency surgical treatment.

Chronic Traumatic Encephalopathy (CTE):

Although more commonly associated with repeated head trauma (such as in athletes or military personnel), CTE can also result from a single severe TBI. It causes long-term cognitive decline, memory problems, and mood changes, and is diagnosed posthumously.

A TBI lawsuit can be filed by various parties, depending on the situation and the individual’s circumstances. Here’s a breakdown of who can file a TBI lawsuit in Chattanooga, Tennessee:

The TBI Victim (Injured Party)

• Primary claimant: The individual who directly suffers a traumatic brain injury because of an accident or another party’s negligence is generally the primary person eligible to file a lawsuit. They may pursue compensation for damages such as medical expenses, lost income, pain and suffering, and other costs related to recovery and long-term care.
• Important note: If the victim is able to do so, they must file the lawsuit within the statute of limitations for personal injury in their jurisdiction, which typically ranges from one to four years, depending on the state.

Family Members (In Cases of Severe Injury or Death)

• Spouse: In severe traumatic brain injury cases where the victim is unable to pursue legal action because of physical or cognitive limitations, a spouse may be able to file a lawsuit on their behalf, including claims related to loss of companionship and emotional suffering.
• Parents: In cases involving minors, parents or legal guardians can file a TBI lawsuit on behalf of their child, seeking compensation for medical treatment, future care, pain and suffering, and any other damages.
• Children: If the TBI victim is deceased, their children (or other family members, depending on the situation) may file a wrongful death lawsuit. This lawsuit may seek damages for loss of support, funeral costs, and other related expenses.

Legal Guardians or Conservators

• Guardianship: If the victim of a traumatic brain injury is unable to handle their own legal matters because of the severity of the injury, such as being in a coma or experiencing serious cognitive impairment, a court-appointed guardian or conservator may be authorized to pursue a lawsuit on their behalf.

Estate Representatives

Executor of the estate: In the tragic event that the TBI victim passes away due to their injury, the executor or administrator of the estate may file a wrongful death lawsuit on behalf of the deceased. This is typically done by the person designated in the victim’s will or by the court if no will exists.

Signs and symptoms of a brain injury can vary depending on the severity and type of injury (mild, moderate, or severe). Some symptoms may appear immediately, while others can develop over hours or days. Here are common signs and symptoms to watch for after a head injury:

Physical Symptoms

• Headache: A persistent or severe headache is one of the most common symptoms after a brain injury.
• Nausea or vomiting: Feeling nauseous or vomiting, especially after a blow to the head, could indicate a concussion or more severe injury.
• Dizziness or balance problems: Difficulty with coordination or walking, feeling lightheaded, or having trouble maintaining balance.
• Fatigue or drowsiness: Feeling excessively tired, lethargic, or struggling to stay awake.
• Sensitivity to light or noise: Heightened sensitivity to bright lights or loud noises, which is commonly associated with concussions and mild traumatic brain injuries.
• Blurred vision or double vision: Difficulty seeing clearly or experiencing double vision.
• Ringing in the ears (tinnitus): Hearing ringing, buzzing, or other noises in the ears.
• Seizures: In more severe brain injuries, seizures or convulsions may occur.
• Loss of consciousness: A temporary or extended loss of consciousness following a blow or injury to the head.
• Swelling or tenderness at the injury site: Bruising or swelling around the head, face, or neck area.

Cognitive Symptoms

• Confusion or disorientation: Feeling "foggy," confused, or having trouble focusing. This can include difficulty remembering important information or events right before or after the injury.
• Memory loss (amnesia): Difficulty remembering things, especially immediately before or after the injury.
• Difficulty concentrating or thinking clearly: Trouble staying focused, thinking through tasks, or processing information.
• Slow thinking or processing: A noticeable delay in response times or difficulty following conversations.

Emotional and Behavioral Symptoms

• Mood swings: Irritability, frustration, or experiencing sudden emotional changes.
• Anxiety or depression: Feelings of anxiety, depression, or overwhelming sadness, which may be a result of the injury or a change in brain function.
• Personality changes: A significant change in behavior, including increased impulsiveness, social withdrawal, or unusual aggression.
• Sleep disturbances: Trouble falling asleep, staying asleep, or sleeping too much. Some individuals may also experience disturbed sleep cycles.

Severe Symptoms (Emergency Signs)

• Severe headache or worsening pain: If a headache becomes progressively worse, it could signal swelling or bleeding in the brain.
• Loss of consciousness for an extended period: Prolonged unconsciousness, confusion, or a coma after an injury is a serious sign of a severe brain injury.
• Weakness or numbness in limbs: Loss of strength or feeling on one side of the body, or difficulty moving a limb, may indicate nerve damage or brain injury.
• Clear fluids or blood leaking from the nose or ears: This could be a sign of a skull fracture or other severe injury.
• Slurred speech or difficulty speaking: Trouble speaking, slurred speech, or difficulty understanding language.

Uncontrolled bleeding or bruising: Profuse bleeding or bruising around the head or face, particularly if accompanied by symptoms of confusion or dizziness.

For young children or infants who cannot express their symptoms, look out for signs like:

• Excessive crying or irritability
• Change in eating or sleeping patterns
• Bulging soft spot (fontanel) on an infant’s head
• Changes in behavior, such as lethargy or less interaction than usual
• Loss of balance or trouble walking

If you or someone else exhibits any of the following signs after a head injury, it's critical to seek immediate medical help:

• Persistent or worsening headaches
• Seizures
• Loss of consciousness (even briefly)
• Severe confusion or disorientation
• Difficulty breathing or swallowing
• Clear fluid draining from the ears or nose
• Unexplained vomiting or worsening nausea
• Any other unusual or severe symptoms

If you think you may have suffered a brain injury, even a mild one, it’s important to seek medical attention. Early medical evaluation and treatment may help lower the risk of long-term complications and improve the chances of recovery.

Traumatic brain injuries can result from a variety of accidents or incidents, typically involving a sudden blow or jolt to the head that causes damage to the brain. Here are some of the common causes of TBIs:

Motor Vehicle Accidents

Collisions involving cars, trucks, or motorcycles are a leading cause of TBIs. The impact of a crash can cause the brain to hit the skull or be violently shaken.

Airbag deployment can also be a contributing factor. There can be multiple points of impact to the head during a car accident. For instance, the head can strike the interior of the vehicle and then receive a second blow from the airbag. There may also be an acceleration/deceleration motion of the head (whiplash), followed by airbag deployment that can cause TBI symptoms.

Pedestrians who are hit by vehicles may suffer serious head and brain injuries, particularly if they are thrown onto the pavement or strike the vehicle during the collision.

Bicyclists involved in accidents also face a significant risk of traumatic brain injuries, especially when helmets are not worn.

Falls

Falls are a leading cause of TBIs, particularly among the elderly and young children. Falling from a height, such as from ladders, stairs, or playground equipment, can cause the head to be severely struck and can lead to serious brain injury.

Construction workers and others in hazardous jobs are particularly vulnerable to falls from heights or accidents involving machinery.

Sports Injuries

Sports like football, soccer, hockey, and boxing carry a high risk of traumatic brain injuries because of collisions, falls, and impacts from equipment such as balls, pucks, or bats.

Head injuries can also occur in non-contact sports, including gymnastics, cycling, and skateboarding, where falls or impacts to the head may result in a traumatic brain injury.

Violence and Assaults

Violent crimes, including assaults where the victim is struck on the head or involved in a fight, can cause TBIs. This can include blows with fists, weapons, or other objects.

Penetrating injuries from firearms can lead to severe brain damage and are among the most serious causes of TBI.

Military and Combat Injuries

Military personnel are at risk for TBIs from explosions, landmines, or shrapnel during combat. The shockwave from blasts can cause brain injuries even without direct impact.

Soldiers may also suffer head injuries from blunt force trauma or accidents during training or combat.

Workplace Accidents

Workers in industries that involve heavy machinery, equipment, and tools may suffer serious head injuries from falls, equipment accidents, collisions, or falling debris.

Medical Malpractice

Errors during surgery, particularly brain or spinal cord procedures, can result in TBIs.

In some cases, medical negligence, such as failing to diagnose a brain injury early, can lead to worsening of the injury and long-term damage.

Domestic Violence

Victims of domestic violence, especially women and children, are at risk for head trauma caused by being struck or beaten. These injuries can cause long-lasting brain damage.

Traumatic brain injuries can happen in many different situations and often occur without warning. If you suspect a brain injury, seeking immediate medical attention is important to help reduce the risk of complications and improve the chances of recovery. 

If the injury was caused by the negligence or recklessness of others, consulting with an experienced attorney can help you understand your legal options for compensation.

When a traumatic brain injury occurs due to someone else’s negligence or wrongdoing, various parties may be held legally responsible. Liability in a traumatic brain injury case depends on how the injury occurred and which parties may have had a responsibility to prevent the harm. Potentially liable parties may include the following:

Negligent Drivers & Vehicle Owners

If a TBI was caused by a car, truck, motorcycle, bicycle, or pedestrian accident, the at-fault driver may be held responsible.

Employers of commercial drivers (trucking companies) can also be liable if an employee caused the crash while on the job.

Property Owners & Businesses

If a slip and fall accident or another premises-related injury led to a TBI, the property owner or business may be liable under premises liability laws.

Examples include unsafe stairs, poor lighting, wet floors, and falling objects in stores, restaurants, workplaces, and apartment buildings.

Employers & Companies (Workplace Accidents)

Employers can be responsible for TBIs if unsafe workplace conditions contributed to the injury. In construction and industrial jobs, workers may suffer head injuries due to falling debris, defective machinery, or unsafe scaffolding.

Workers’ compensation benefits may help cover medical expenses and lost wages after a workplace injury. However, if another party, such as a subcontractor or equipment manufacturer, contributed to the accident through negligence, it may also be possible to pursue a third-party lawsuit.

Sports Organizations & Schools

Schools, colleges, and professional sports leagues may be liable if coaches, trainers, or organizations fail to protect athletes from concussions or TBIs.

Inadequate safety protocols, failure to provide proper helmets, and allowing players to return to play too soon after a head injury can lead to liability.

Manufacturers of Defective Products

If a defective helmet, airbag, seatbelt, or other unsafe product played a role in causing a brain injury, the manufacturer may potentially be held liable under product liability laws.

Examples can include defective vehicle components, faulty workplace safety equipment, and dangerous medical devices.

Medical Professionals & Hospitals (Medical Malpractice)

Doctors, nurses, and hospitals can be liable for TBIs caused by medical errors, such as:

• Surgical mistakes affecting the brain.
• Misdiagnosis or delayed diagnosis of a brain injury leading to worsening conditions.
• Birth injuries occur when improper delivery techniques result in brain damage to newborns.

Property Managers & Landlords

If a tenant or visitor suffers a traumatic brain injury because of unsafe property conditions, such as broken stairs, inadequate lighting, or insufficient security that contributes to an assault, the landlord or property manager may potentially be held liable.

Perpetrators of Violence & Assault

Individuals who physically assault someone, such as in cases of domestic violence, bar fights, or armed robberies, can be held criminally and civilly liable for causing a TBI.

If the assault occurred on commercial property (a bar or nightclub with inadequate security), the business might also bear some responsibility.

Government Entities & Municipalities

If a brain injury was caused by poorly maintained roads, defective traffic signals, or hazardous public property, a city, county, or state government may be liable.

Government entities may also be responsible for police misconduct or excessive force leading to a head injury.

Nursing Homes & Assisted Living Facilities

Elderly residents can suffer TBIs due to falls, neglect, or physical abuse in nursing homes.

If staff fail to provide proper supervision or safety measures, the facility may be responsible.

If you or a loved one suffered a traumatic brain injury because of another party’s negligence, you may have the right to pursue compensation for medical bills, lost income, pain and suffering, and future care needs. Morgan & Morgan’s experienced brain injury attorneys can investigate the circumstances of your case, identify potentially liable parties, and fight for the compensation and accountability you deserve.

Filing a traumatic brain injury (TBI) lawsuit is a complex process that requires careful preparation, strong evidence, and experienced legal representation. Below is an overview of what to expect when pursuing a claim with Morgan & Morgan.

Seek Medical Attention

If you suspect a brain injury, seek medical care immediately. A diagnosis from a medical professional will not only protect your health but also serve as critical evidence in your case. Brain injuries can worsen over time, so early intervention is essential.

Contact Morgan & Morgan

An experienced TBI attorney can evaluate your case, determine liability, and discuss potential compensation. Morgan & Morgan offers free case evaluations, and we work on a contingency fee basis, meaning you do not pay unless we win.

Investigation and Evidence Collection

Building a strong case requires gathering key evidence, which may include:

• Medical records and doctors’ opinions on the severity of your injury
• Accident reports, whether from law enforcement, a workplace incident, or other sources
• Witness statements from individuals who saw what happened
• Surveillance footage, photographs, or any available video evidence
• Testimony from experts, such as neurologists or accident reconstruction specialists

Filing the Lawsuit

Once there is sufficient evidence, your attorney will file a formal complaint against the responsible party. This legal document outlines how the injury occurred, who is liable, and the damages being sought. After the complaint is filed, the defendant will have a set period to respond.

Discovery Process

During discovery, both sides exchange evidence and gather further information. This process may involve:

• Depositions, where witnesses and experts provide sworn testimony
• Interrogatories, which are written questions that the opposing party must answer
• Requests for documents, such as medical records, accident reports, or insurance policies

Discovery allows both parties to assess the strength of the case and may lead to settlement discussions.

Settlement Negotiations

Most TBI cases are resolved through settlement rather than trial. The attorneys on both sides will negotiate a potential agreement, often involving the at-fault party’s insurance company. The goal is to secure fair compensation for medical expenses, lost wages, pain and suffering, and other damages. Morgan & Morgan will not accept a low settlement that does not adequately compensate you for your losses.

Trial (If Necessary)

If a settlement cannot be reached, the case will proceed to trial. A judge or jury will hear the evidence and determine whether the defendant is liable and, if so, how much compensation should be awarded. At trial, your attorney will present expert testimony, medical records, and other evidence to prove the extent of your injury and the impact it has had on your life.

Receiving Compensation

If the case is won at trial or settled beforehand, you will receive compensation for damages such as:

• Medical expenses, including future care needs
• Lost income and reduced earning capacity
• Pain and suffering
• Emotional distress
• Long-term rehabilitation and disability accommodations
• Loss of enjoyment of life (impairment of daily activities & relationships)
• Punitive damages (for cases involving reckless or intentional harm)

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, some exceptions may apply, such as in cases involving minors, government entities, or when the injury wasn’t discovered right away.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Yes, you can still file a claim if your symptoms appear weeks or months after the accident. TBIs can have delayed symptoms, and it is not uncommon for victims to experience cognitive, emotional, or physical impairments long after the initial injury. The ability to file a claim will depend on a few key factors:

Statute of Limitations

Each state sets deadlines for filing personal injury lawsuits, known as statutes of limitations. The amount of time you have to file a brain injury claim can vary depending on where the injury occurred and the specific circumstances of your case.

In some situations, exceptions may apply, particularly if symptoms were delayed or the injury was not immediately discovered. If you did not realize the full extent of your brain injury right away, an attorney can help you understand how filing deadlines may apply to your case.

Medical Documentation

If you did not seek immediate medical attention after your accident, it is still possible to build a case. A doctor can assess your symptoms and determine whether they are linked to the accident. Medical records that track your symptoms and how they develop over time can be important evidence in showing that the injury was connected to the incident.

Proving Causation

To succeed in a TBI claim, you must prove that your brain injury was caused by the accident in question. This can be more challenging if significant time has passed, but an experienced attorney can use medical evaluations, expert testimony, and other evidence to establish a clear connection.

Insurance Company Challenges

Insurance companies may try to argue that your symptoms are unrelated to the accident, especially if there was a delay in diagnosis. An attorney can help counter these arguments by gathering strong medical and expert evidence to support your claim.

Contact Morgan & Morgan

Morgan & Morgan has experience handling complex traumatic brain injury cases, including situations where symptoms develop gradually over time. Our legal team can review medical records, work with medical experts, and examine the circumstances surrounding the injury to help you understand your potential legal options.

Morgan & Morgan works on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you have developed symptoms of a brain injury after an accident, do not wait. Contact us today for a free case evaluation to discuss your legal options.

If your loved one is in a coma due to a traumatic brain injury, it is a devastating and challenging situation that requires immediate medical and legal attention. 

A coma is a serious medical condition that requires intensive care. Depending on the severity of the brain injury, your loved one may need:

• Emergency treatment to stabilize their condition and reduce brain swelling.
• Long-term hospitalization in a neuro-intensive care unit (ICU).
• Rehabilitation, if they regain consciousness, including physical therapy, speech therapy, and cognitive rehabilitation.

If your loved one’s brain injury was caused by another party’s negligence, such as in a car accident, workplace incident, medical malpractice case, or violent act, you may have the right to pursue a traumatic brain injury lawsuit on their behalf.

If your loved one is in a coma, however, they cannot file a claim themselves. In many cases, a legal guardian, spouse, parent, or other family member can step in to pursue legal action on their behalf. If no guardian has been legally designated, you may need to petition the court to become their representative.

If your loved one does not survive the coma, you may be eligible to file a wrongful death lawsuit against the responsible party. This can help secure compensation for funeral expenses, loss of financial support, and the emotional suffering of the surviving family members.

Most importantly, an experienced legal advocate at Morgan & Morgan in Chattanooga, Tennessee, can assist you in navigating this complex legal process, fighting for the compensation you need and deserve.

Whether your TBI case goes to trial or is settled out of court depends on several factors, including the strength of your evidence, the willingness of the at-fault party to negotiate, and the complexity of your claim. Below is an overview of what to expect in both scenarios.

Settlement: The Most Common Outcome

Most traumatic brain injury and personal injury claims are resolved through out-of-court settlements negotiated between your attorney and the insurance company representing the defendant. Settling a case can allow victims to recover compensation without going through a lengthy and stressful trial process.

Why Settle?

• Faster resolution: Settlements typically take months rather than years.
• Lower risk: Trials are unpredictable, and a settlement guarantees compensation.
• Less stress: Avoiding court can ease the emotional and financial burden.

When a Settlement Might Not Be Possible

• The insurance company refuses to offer fair compensation for medical expenses, lost wages, and pain and suffering.
• There is a dispute over liability, and the defendant denies responsibility.
• Your damages are extensive and ongoing, requiring long-term medical care and financial support.

Going to Trial: When It Becomes Necessary

If a fair settlement cannot be reached, your case may proceed to trial. In this situation:

• Both sides will present evidence and witness testimony before a judge and jury.
• Your attorney will argue why the defendant is liable and why you deserve compensation.
• A jury will decide the case and determine how much compensation you should receive.

When Taking a Case to Trial May Be Necessary

In some traumatic brain injury cases, going to trial may be the best path forward when:

• The settlement offer does not fairly reflect the extent of the victim’s injuries and losses
• The case involves serious negligence or misconduct that should be publicly addressed
• The defense refuses to accept responsibility for the injury

If you or a loved one suffered a brain injury, Morgan & Morgan can evaluate your case and help determine the best course of action. Contact us today for a free case evaluation to discuss your legal options.

You may still be able to recover compensation even if you were partially at fault for the accident that caused your traumatic brain injury. However, your ability to recover damages and how much you may receive can depend on the laws in your state.

Some states reduce the amount of compensation a person can recover based on their percentage of fault, while others may bar recovery if the individual is found mostly responsible for the accident. In certain jurisdictions, even partial fault may affect your ability to obtain compensation.

Determining fault often involves reviewing evidence such as accident reports, witness testimony, medical records, surveillance or video footage, and expert analysis.

Insurance companies may try to place more blame on injured victims to reduce payouts. An experienced brain injury attorney can help protect your rights and push back against unfair fault claims.

Even if you believe you were partially responsible for the accident, it’s important to speak with an attorney before assuming you are ineligible for compensation.

No. Consultations at Morgan & Morgan in Chattanooga are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,000 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex brain injury cases.

Your case may be supported by a team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you informed throughout the legal process.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no up-front fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

Brain injury cases can be complex and often involve extensive medical evidence, long-term treatment needs, and significant financial losses. Morgan & Morgan has more than 1,000 attorneys nationwide and has recovered over $30 for clients.

Our attorneys have experience handling serious injury claims and understand the life-changing impact a traumatic brain injury can have on victims and their families. We work to build strong cases that account for both immediate losses and long-term medical needs.

Morgan & Morgan handles brain injury cases on a contingency fee basis, which means you pay nothing up front and only pay if we recover compensation for you. If you believe someone else’s negligence caused your injury, contact Morgan & Morgan today for a free case evaluation to learn more about your legal options.