Brain Injuries sustained in an accident can be life-altering, causing substantial hardship for the victim and his or her family. If you have suffered a brain injury due to someone else’s negligence, you may be able to seek compensation from the at-fault party. Rizk Law’s brain injury lawyers in Hillsboro understand the impact these injuries have on a victim’s life. We have helped recover fair compensation for our clients in the Hillsboro area and throughout Oregon, resolving more than $15 million in claims. Our firm will aggressively pursue maximum compensation for your case.

Contact us to schedule a free consultation at no risk or obligation to you. We can review the details of your case to determine if you have a valid claim and are entitled to compensation. There is no risk to you, as we charge no upfront costs or legal fees, and you only pay us if you obtain compensation.

Call us now at 503.342.0783 or fill out our Free Case Evaluation form.

Common Causes of Brain Injuries

A brain injury, also known as a traumatic brain injury (TBI), occurs when the head experiences significant trauma often interfering with normal brain function. This is usually caused by a blow or jolt to the head, which can temporarily affect the brain cells. More serious brain damage can result in bruising and internal bleeding inside the skull, resulting in long-term complications or even death.

According to the U.S. Centers for Disease Control and Prevention, TBIs make up 30 percent of all injury-related deaths in the U.S. affecting an estimated 1.7 million people each year.

Certain signs of a TBI may not appear right after a traumatic event. It may take days or even weeks for physical and psychological effects to manifest. These can include headache, dizziness, nausea, memory loss and impaired cognition. It is imperative to seek medical care after an accident because a specialist can review your medical history and conduct a CT scan or MRI to see if you have sustained a TBI.

Common causes of TBIs are motor-vehicle accidents, falls, and workplace injuries. However, our firm also takes cases involving a variety of brain injuries that are caused by:

If you believe you or your loved one’s brain injury could have been prevented, contact a Hillsboro brain injury attorney to discuss your legal options. He or she can review your situation and determine if you are owed compensation for your monetary losses and damages.

Complete our Free Case Evaluation form now.

Symptoms of a Traumatic Brain Injury

There are three main types of TBIs depending on severity, with the worst cases of TBI resulting in permanent disability or death. These three types can cause a wide range of physical, sensory, cognitive or mental symptoms.

Mild TBIs

A mild TBI usually occurs after a concussion. Victims may experience some amnesia, momentary loss of consciousness (lasting 30 minutes or less) or feeling a bit disoriented. Other physical symptoms include:

  • Headache
  • Feeling dazed or confused
  • Nausea or vomiting
  • Loss of balance or dizziness
  • Speech problems
  • Drowsiness or fatigue
  • Trouble sleeping
  • Sleeping more than before

Mild TBIs can also cause blurred vision, sensitivity to light or sound, tinnitus or ringing in the ears and changes in your appetite or sense of smell. While these symptoms seem mild, it may still have a considerable impact on your mental well-being. Problems with memory or concentration, mood swings and feeling depressed or anxious can also occur with this type of brain injury.

Moderate TBIs

A moderate TBI usually results in loss of consciousness – anywhere from several minutes to several hours after the trauma. Victims may suffer impairments such as memory loss and changes in sleep habits that can last for a prolonged period of time.

Other symptoms of moderate TBIs include:

  • Chronic headaches
  • Convulsions or seizures
  • Persistent vomiting or nausea
  • Agitation or combativeness
  • Loss of coordination
  • Slurred speech
  • Numbness or weakness in fingers and toes
  • Clear fluid discharge from ears or nose

While recovery and rehabilitation are possible, many victims with moderate TBI face additional disabilities and life-long challenges. This may include difficulties with completing tasks that were once routine to taking longer to do cognitive or thinking-related tasks associated with memory.

Severe TBIs

A severe TBI usually occurs when the skull penetrates or pushes into the brain causing bruising or tearing of the brain tissue. Pressure on different parts of the brain after trauma can also cause severe bleeding and swelling. A lengthy period of unconsciousness or amnesia can happen after an injury.

Other symptoms of severe TBIs include:

  • One or both pupils being dilated
  • Prolonged coma or vegetative state
  • Paralysis
  • Loss of cognitive functions
  • Difficulty walking, talking or swallowing
  • Muscle stiffness or uncontrolled movements
  • Loss of fine motor functions
  • Difficulty thinking or remembering

Coping with the effects of TBI after an accident presents great challenges for victims and their loved ones. If you have suffered any one of these types of TBIs in an accident caused by another’s negligence, it is in your best interest to hire a qualified brain injury lawyer in Hillsboro. We will guide you every step of the way to ensure you receive the compensation you deserve.

Contact Rizk Law today by calling 503.342.0783.

Filing a Brain Injury Claim

In order to pursue a brain injury claim, you must show that your brain injury was caused by another person’s negligence. For instance, if you suffered a TBI after a motorcycle accident, you must prove that the at-fault driver was careless. This could include driving while distracted or under the influence of drugs or alcohol.

There are four elements of negligence that must be proven in a brain injury claim. Our Hillsboro brain injury attorneys can help examine your claim during a free consultation to determine if the other party acted negligently to have caused the accident and your TBI.

The first element of negligence is the other party owing you a duty of care to ensure your safety and well-being. This means he or she was responsible for acting in a reasonable manner to prevent you from suffering harm, such as driving defensively or within the speed limit.

The next step is to prove a breach of duty of care occurred. This means the other party breached his or her duty of care by failing to act as a reasonable person would under similar circumstances. This breach must then have directly caused the accident and resulted in your injuries. In other words, you must establish a causal link between the other party’s negligence and your brain injury.

Lastly, you must show that you suffered measurable damages due to the other party’s negligence. This could include damages such as medical bills, lost wages, and loss of earning capacity while in recovery.

Oregon’s Statute of Limitations

A statute of limitations sets specific deadline within which a person can file a lawsuit in court. Failing to file a suit within the time limit means the court will dismiss your case. If you are pursuing compensation for a TBI, you must file a personal injury lawsuit within Oregon’s two-year statute of limitations. The two-year deadline starts on the date the injury occurred. (Or. Rev. Stat. § 12.110(1)).

If your TBI was the result of medical malpractice, you must also file a suit within two years from the date the injury was discovered or should have been reasonably discovered, whichever comes first.

Filing a lawsuit can be difficult and stressful on your own. This is why you should consider contacting a qualified Hillsboro personal injury attorney with legal knowledge of Oregon law and practice handling various types of claims to help obtain the compensation you are entitled.

Contributory Negligence Rule

Oregon also follows a contributory negligence law to determine the amount of compensation a victim can receive depending on his or her share of fault in the accident. Under this law, you may still be able to recover damages even if you are found to be at-fault for your injuries in any capacity. The maximum amount of compensation is reduced by your percentage of fault.

For instance, if you file a claim for $100,000 after suffering a brain injury in a car accident, but you are found to be 50 percent at fault the value of your claim will be reduced by 50 percent. The new value of your claim would be $50,000.

However, under Ore. Rev. Stat. § 31.600, if you are found to be more than 50 percent liable for your accident, you will not be able to recover any compensation, no matter how severe your brain injury is.

Compensation for a Brain Injury

A brain injury can affect many areas of a victim’s life, so it is critical to know your legal options to obtain compensation for a brain injury caused by another’s negligent actions.

Through a personal injury lawsuit, you may be able to recover compensation for:

  • All medical expenses associated with the accident
  • Cost of ongoing therapy and rehabilitation
  • Cost of medical equipment
  • Lost wages and lost earning capacity
  • Pain and suffering
  • Mental anguish
  • Medications
  • Psychological treatment
  • Property damage
  • In-home care

Those who have lost a loved one due to a brain injury may also be entitled to compensation for funeral costs and other expenses associated with the death of a loved one. Our skilled brain injury lawyers in Hillsboro will investigate every aspect of your accident to try to secure compensation for the losses you suffered.

Fill out our Free Case Evaluation form to get started.

Contact a Brain Injury Lawyer for Help

If you have suffered a brain injury, it is in your best interest to let an accomplished attorney evaluate your case and handle the details for you, so you can focus on your health. We have years of experience helping injured victims and their families recover the maximum compensation they are owed.

Our legal team can conduct a detailed investigation of your accident, hire medical professionals to analyze your injuries, communicate with the insurance company on your behalf and negotiate for fair compensation for your injuries. We are well-versed in the various laws that may apply to your case.

To learn more about our services, schedule a free, no obligation consultation. At Rizk Law, we work on a contingency fee basis, so there are no upfront costs unless you obtain compensation for your case.

We look forward to helping you. Call 503.342.0783 today.