Brain Injuries Often Have Consequences That Last a Lifetime
Traumatic brain injuries, or TBIs, are among the most serious and life-changing injuries a person can suffer in an accident. Whether caused by a car crash on I-275, a fall on someone else’s property in Clermont County, or a blow to the head in another type of incident, a TBI can affect memory, personality, physical coordination, and the ability to work for months, years, or the rest of a person’s life. Because the full impact of a brain injury often isn’t clear right away, these cases require careful, long-term thinking when it comes to legal claims.
Understanding the Range of Brain Injuries
Not all TBIs look the same, and severity can vary widely from a mild concussion to a severe, permanently disabling injury. Even so-called “mild” traumatic brain injuries can cause lingering symptoms that disrupt a person’s daily life and ability to earn a living.
- Concussions, which can cause headaches, dizziness, and cognitive fog for weeks or months
- Contusions, or bruising of brain tissue, from a direct blow to the head
- Diffuse axonal injury, caused by violent shaking or rotational force, common in car crashes
- Penetrating injuries, where an object breaches the skull and brain tissue
- Anoxic or hypoxic brain injury, resulting from a period of oxygen deprivation
Why Long-Term Damages Matter So Much in TBI Cases
Unlike a broken bone that heals on a predictable timeline, brain injuries can produce effects that evolve over time and may never fully resolve. When pursuing a claim, it’s important to account not just for emergency room bills and initial treatment, but for the full arc of how the injury may affect the person’s future.
- Ongoing medical care, including neurology, cognitive therapy, and rehabilitation
- Lost earning capacity if the injury prevents a return to prior work or any work at all
- In-home care or assisted living costs for more severe injuries
- Pain and suffering, including the emotional toll on the injured person and their family
- Loss of consortium claims available to a spouse in some circumstances
Because these damages can be difficult to calculate without input from medical experts, economists, and life-care planners, brain injury cases often benefit from thorough documentation built well before a settlement is ever discussed.
Ohio’s Filing Deadline for Brain Injury Claims
In Ohio, personal injury claims, including those involving traumatic brain injuries, are generally subject to a two-year statute of limitations under Ohio Revised Code Section 2305.10, running from the date of the injury. Missing this deadline typically bars the injured person from filing a lawsuit at all, regardless of how serious the injury is. Because the long-term severity of a brain injury may not be apparent right away, it’s important not to wait to consult an attorney simply because symptoms initially seemed mild.
Building a Strong Brain Injury Claim
Insurance companies frequently downplay brain injury claims, particularly when imaging results look normal or when the injured person appears physically fine to an outside observer. Thorough neurological evaluation, consistent follow-up care, and documentation of cognitive or behavioral changes from family members, coworkers, or employers can all strengthen a claim. Working with an attorney who understands how to present the long-term impact of a brain injury, not just the initial diagnosis, is often essential to securing fair compensation.
If you or a family member is dealing with a traumatic brain injury after an accident anywhere in the Cincinnati area, the team at Yonas & Phillabaum can help evaluate your legal options and discuss what full compensation might look like during a consultation.
