As a Cleveland, Ohio brain injury lawyer, I have extensive experience in representing victims of traumatic brain injury (TBI) caused by a variety of negligent acts, including workplace falls, falling objects, electrocution, explosion, defective products and related negligent conduct. We have investigated and litigated many such cases. TBI cases present a number of challenges that are not present in other personal injury lawsuits.
Traumatic brain injuries range from severe to mild. But even so-called “mild” TBIs can have devastating consequences for a personal injury victim. Unfortunately, mild TBIs can be missed early in a medical evaluation by emergency personnel who are more focused on obvious injuries, such as fractures and bleeding. The job of emergency medicine personnel is to stabilize the patient and triage them to other specialists within the hospital or on an out-patient basis. Medical studies show that TBI is frequently overlooked during this process. Indeed, there is no universally accepted test for TBI in the emergency setting. Emergency room records might document a concussion or post-concussion syndrome, or that there is evidence of a head wound or bruise, headache, retrograde amnesia, black out, loss of consciousness, or fogginess or agitation. Sometimes, the records are silent altogether.
I have suspected TBI in previously undiagnosed clients after a detailed interview of a new accident victim and their family. This comes after 30+ years of experience, ongoing review of medical literature, as well as a Top 25 member of the Brain Injury Trial Lawyers Association (BITLA). On those occasions, we referred my new client to skilled professionals who went on to make the actual diagnosis. This is not unusual in our practice. We work with neurosurgeons, neurologists, rehabilitation physicians, neuropsychiatrists and neuropsychologists when a diagnosis of brain damage caused by an injury or accident is at issue.
As a Cleveland, Ohio brain injury lawyer representing victims of brain injury, we face many other challenges. Family members coping with behavioral and cognitive changes caused by organic brain damage require emotional support and counseling. Often, family, friends and business associates must be interviewed to establish a complete picture of the injured party’s pre-injury and post-injury condition. While some medical testing can show objective evidence of brain injury, the injury is often evasive and objectively provable only on autopsy. As we learned from studies involving military combatants and professional athletes, chronic traumatic encephalopathy (CTE) does not always show up on imaging studies such as MRI. That does not rule-out the diagnosis.
Another challenge is that lazy, unskilled or general practitioners often misdiagnose organic brain damage as psychological disorders such as posttraumatic stress disorder (PTSD) or depression. These psychological disorders often mimic the symptoms of traumatic brain damage. Defense attorneys seize on these inaccurate diagnoses and argue that the permanently damaged person merely has a temporary psychological disorder which can be treated through therapy and medications. Make no mistake, TBI is a permanent condition.
As a Cleveland, Ohio brain injury lawyer, I am particularly sensitive to the economic costs associated with TBI. We frequently encounter injury victims who have returned to work while trying to cope with mental deficits in social interaction, intellect, executive decision making, memory and concentration. These individuals are prone to unemployment, diminished work life expectancy and reduced earning potential. We often consult with vocational rehabilitation experts to determine the economic impact of brain injury on our clients’ earning potential. We use trained economists to assign a dollar amount to these losses.
In addition to loss of wages, benefits and earning potential, TBI victims often require ongoing evaluation and rehabilitation. In severe cases, TBI victims can require total care. These economic costs are captured through an evaluation by a certified life care planner who will assess the individual’s deficits and determine the medical and living expenses associated with this disability.
As a brain injury lawyer located in Cleveland, Ohio, Mishkind Kulwicki Law Co., L.P.A. provides legal services to clients throughout the State of Ohio who face the challenge of these complex and challenging lawsuits. If you have questions about traumatic brain damage caused by the negligence of another or due to defective products, please contact us. We can help.
Symptoms of a Brain Injury
The following symptoms can signal that a car accident victim has sustained a brain injury and should get to a medical professional right away:
- Confusion or feeling disoriented: It is common for anyone involved in a crash to feel shaken up. Even a minor crash and rattle a driver. However, if a person who has been in a car accident feels confusion, dazed, or disorientated, this could be a sign of a brain injury.
- Mood changes: If a car crash victim develops anxiety, depression, becomes agitated, aggressive, or any other changes in mood or their normal personality, this is another symptom of a potential brain injury. A victim who normally suffers from any of these moods may find an increase in these feelings if they have an injury to their brain.
- Sensitivity to stimuli: Another sign of a possible brain injury is if the victim feels sensitivity to sounds, lights, or other types of stimuli.
- Changes in usual sleep patterns: If a victim begins to sleep more than usual or has a difficult time getting to sleep after being in a vehicle crash, they should contact their physician and report these symptoms.
- Loss of consciousness: Any loss of consciousness, even if it is just for a few seconds, is a red flag warning to get to a doctor right away. This is a significant sign of a brain injury.
Call a Cleveland, OH Brain Injury Lawyer Today
A brain injury can have a significant impact on a victim’s physical, emotional, and financial wellbeing. If the accident was the result of negligence of another party, the victim should speak with a brain injury lawyer in Cleveland, OH to find out what legal options they may have to pursue damages.
Call Mishkind Kulwicki Law Co., L.P.A. to schedule a free and confidential consultation with a brain injury lawyer Cleveland, OH clients recommend and find out how our firm can help you get the financial compensation you deserve.
Types Of Brain Injury Cases We Handle
As a Cleveland, OH brain injury lawyer, we focus our practice on representing individuals and families affected by traumatic head trauma and brain-related medical negligence. Brain injuries can lead to lifelong physical, cognitive, and emotional challenges. At Mishkind Kulwicki Law Co., L.P.A., we are dedicated to pursuing accountability and securing appropriate compensation for those harmed by the negligence of others.
Traumatic Brain Injury From Vehicle Collisions
We represent clients who have suffered concussions, contusions, or severe brain trauma due to car, truck, or motorcycle accidents caused by reckless or impaired drivers. These are often the most common type of brain injury we see in our practice.
Brain Damage Due To Medical Errors
Our firm handles cases where surgical mistakes, anesthesia mismanagement, or failure to diagnose brain conditions result in lasting damage to the brain. This includes instances where critical imaging like X-rays or MRIs were misread, delaying essential treatment. We also pursue claims involving abnormal lab results that were overlooked or incorrectly interpreted, contributing to the progression of undiagnosed brain injuries. Our Cleveland brain injury lawyer is ready to represent your case, no matter how it has developed.
Birth-Related Brain Injuries
We take on claims involving infants who suffer brain injuries during labor or delivery, including cases related to oxygen deprivation or delayed C-section. We are here to ensure that both your voice and that of your child is heard.
Falls Leading To Brain Trauma
Whether it occurs in a workplace, public space, or nursing facility, a fall can cause significant head injuries. We handle premises liability claims involving these incidents. Multiple parties can potentially be held accountable within these scenarios, and our Cleveland brain injury lawyer is more than happy to help you do so within your case.
Sports And Recreation Brain Injuries
We represent individuals who sustain traumatic brain injuries in organized sports or recreational activities where proper precautions or medical response were lacking. If you are injured while playing a sport, proper concussion procedures should be followed to ensure no brain damage has occurred, but teams do not always have your best interest at heart.
Assaults Resulting In Head Injuries
When clients suffer brain injuries due to physical attacks, we investigate all possible avenues of liability, including negligent security or third-party responsibility.
Occupational Brain Injuries
We pursue claims for workers who suffer head trauma on job sites due to unsafe conditions or lack of protective measures.
Our legal team brings a deep understanding of neurological injury and legal liability to every case. As a firm rated by Super Lawyers, we combine legal skill with a compassionate approach to support our clients through some of the most difficult times of their lives. We are also proud to be recognized as part of America’s Top 100 Attorneys, reflecting our commitment to legal excellence.
If you or someone you love is searching for a Cleveland brain injury lawyer, we invite you to contact us at Mishkind Kulwicki Law Co., L.P.A. to discuss your case. We are here to help you move forward with strength and clarity.
