A brain injury is a devastating, life-altering event. When it happens on the job, the challenges are multiplied. You may be facing a long and uncertain road to recovery, all while worrying about how to pay for skyrocketing medical bills and support your family without a paycheck.
At Oakes Firm, we understand the immense stress and pain that a serious workplace injury causes. Our mission is to provide aggressive and compassionate legal representation to help you secure the justice you deserve and full compensation.
Pennsylvania law offers injured workers certain protections, there are crucial situations where you may be able to file a powerful personal injury lawsuit. This distinction can mean the difference between limited benefits and a full, life-changing recovery.
We have a proven track record of helping injured individuals and their families in Philadelphia, and we are ready to bring our skill and relentless advocacy to your case.
Speak with a trusted traumatic brain injury lawyer today – schedule your free consultation with Oakes Firm.
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When a Personal Injury Claim is Possible: The Third-Party Lawsuit
In most cases of workplace injury, your employer is protected from a direct lawsuit. However, a powerful exception exists when your injury was caused by the negligence of a third party. A third party is any individual or entity other than your employer or a coworker.
Filing a third-party claim allows you to seek additional, often more substantial, compensation, including:
- 100% of Lost Wages: A personal injury lawsuit can seek to recover all of your lost income, not just a portion of it.
- Pain and Suffering: This is a crucial component for any traumatic brain injury (TBI) victim. It compensates you for the physical pain, emotional distress, and loss of enjoyment of life caused by your injury.
- Future Medical Care: A brain injury often requires long-term care, including rehabilitation, specialized therapy, and assistive devices. A personal injury claim can secure the funding for these lifelong needs.
- Loss of Future Earning Capacity: If your brain injury prevents you from returning to your previous job or working at all, this type of claim can compensate you for the significant reduction in your future earning potential.
Who is a Third Party in a Workplace Brain Injury Case?
Identifying a responsible third party is often the key to unlocking a more comprehensive recovery. We have extensive experience in these types of cases and know exactly where to look. Common examples of third parties include:
- Subcontractors: On a construction site, a brain injury may be caused by a subcontractor’s negligence, such as leaving a dangerous object in a walkway or improperly operating machinery.
- Property Owners: If your injury occurred at a worksite owned by another company, that property owner may be held liable if they failed to maintain a safe environment.
- Equipment Manufacturers: A brain injury could be the result of a defective piece of equipment, such as a faulty ladder, a malfunctioning power tool, or an unsafe vehicle. In this case, the manufacturer of the product could be held responsible through a product liability claim.
- Negligent Drivers: If you were injured in a vehicle accident while on the clock, the at-fault driver is a third party whom you can sue for damages.
Oakes Firm’s aggressive advocacy and thorough investigation process are what set us apart. We dig deep into the details of your workplace accident to identify all potentially liable parties and build a powerful case against them.
The Critical Importance of a Brain Injury Diagnosis
One of the greatest challenges with brain injuries, especially milder forms like concussions, is that the symptoms may not be immediately apparent. You may walk away from an accident feeling shaken, only for symptoms like severe headaches, dizziness, memory loss, and personality changes to emerge weeks or months later.
This is why it is absolutely critical to seek immediate medical attention after any head trauma at work, no matter how minor it may seem. A proper medical diagnosis from a doctor is the foundation of your future wellbeing and any successful legal claim.
We work closely with top medical experts in Philadelphia to ensure your injuries are properly diagnosed and documented. We understand the long-term, hidden effects of a TBI, and we fight to ensure that the full scope of your past and future medical needs is accounted for.
Personal Injury Claims
Due to several factors, a personal injury claim against a third party is often a more beneficial legal avenue for the victim.
Third-Party Lawsuit
- Fault-Based System: You must prove that another party’s negligence directly caused your injury. This party cannot be your employer or a coworker.
- Comprehensive Damages: A successful personal injury claim can provide a more complete recovery, including compensation for all medical expenses, full lost wages, and, most importantly for a brain injury, damages for pain and suffering and loss of enjoyment of life.
- No Cap on Recovery: There is no predetermined limit on the amount of compensation you can receive, making it a vital option for catastrophic injuries like a TBI.
The Importance of the Third-Party Claim
The key to a successful personal injury claim after a workplace injury lies in identifying and holding a negligent third party accountable. This is often the most complex aspect of these cases and requires an aggressive, detail-oriented legal investigation.
- Product Manufacturers: This is a common third-party claim. If your brain injury was caused by a defective machine, faulty safety equipment, or a dangerous power tool, the manufacturer, designer, or distributor can be held liable. This type of lawsuit is known as a product liability claim.
- General Contractors & Subcontractors: On a construction site, many different companies work together. If a subcontractor’s negligence—like improperly storing materials or failing to secure a work area—causes you to suffer a head injury, that company can be held liable.
- Property Owners: If you were working on a property not owned by your employer and the owner failed to maintain a safe environment, they may be held responsible under premises liability law.
- Negligent Drivers: If you were driving for work and a distracted or reckless driver caused a crash that resulted in your brain injury, that driver is a third party whom you can sue for damages.
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The Pennsylvania Statute of Limitations
For a personal injury claim in Pennsylvania, the statute of limitations is generally two years from the date of the injury. This is a critical deadline. If you do not file a lawsuit within this two-year window, you will almost certainly lose your right to pursue a claim and recover compensation for your pain and suffering and other damages.
This strict deadline is why it is essential to contact an experienced personal injury attorney as soon as possible after your injury. While you are focused on your recovery, our firm can immediately begin a thorough investigation to protect your legal rights and ensure all necessary paperwork is filed on time.
Common Causes of Traumatic Brain Injuries at Work
A TBI can result from a wide range of accidents. While some causes are obvious, others may be less apparent until a full investigation is conducted. At Oakes Firm, we have extensive experience handling TBI claims stemming from:
- Falls from Heights: Falls are among the leading causes of workplace brain injuries, particularly in construction. Falling from scaffolding, ladders, roofs, or other elevated platforms can cause a severe head injury upon impact with the ground or other objects.
- Struck by or Against Objects: This includes situations where a worker is hit by a falling object, such as tools, materials, or debris. It also covers accidents where a worker’s head strikes a fixed object.
- Motor Vehicle Accidents: For employees who drive as part of their job a brain injury can occur in a car accident caused by a negligent third-party driver.
- Explosions and Blasts: Workplace explosions, often a result of faulty equipment or a lack of proper safety protocols, can cause a TBI from the concussive force of the blast itself, even without direct impact to the head.
- Defective Products or Equipment: A worker can sustain a brain injury from a malfunctioning piece of machinery, a defective safety harness, or a faulty helmet. These cases often involve complex product liability claims against the manufacturer.
Regardless of how your brain injury occurred, our firm will conduct a meticulous investigation to uncover the cause and identify all parties who may be held liable. We are committed to holding every at-fault party accountable for their negligence, ensuring your family receives the justice it deserves.
How Oakes Firm Fights for You
A serious brain injury at work is a legal battle you can't afford to lose. Our firm, led by Thomas G. Oakes II, is dedicated to being a true fighter for your rights. We have a track record of securing millions of dollars in awards and settlements for our clients, providing them with the financial security they need.
When you choose Oakes Firm, you don't just hire a lawyer; you gain a team that is:
Recognized for Excellence & Proven Results
Our firm's commitment to aggressive advocacy and client success isn't just a promise. Our founder, Thomas G. Oakes II, has been recognized as a Super Lawyers Rising Star for multiple years running (2018-2025). This honor is bestowed upon only the top 2.5% of eligible lawyers in the state.
Furthermore, he has been named a National Academy of Personal Injury Attorneys "Top 10 Under 40" in Pennsylvania (2019-2023) and a National Trial Lawyers "Top 40 Under 40" (2023), recognizing him as one of the nation's premier young trial attorneys.
These accolades are proof of our firm's ability to consistently deliver favorable outcomes for our clients in and out of the courtroom.
Client-Focused & Compassionate Care
We understand that a brain injury is a deeply personal and traumatic experience. That's why our approach is rooted in genuine empathy and unwavering support. We will provide you with personalized attention throughout your case, treating you with the kindness and respect you deserve.
Our team will keep you informed every step of the way, taking your calls and answering your questions promptly. Our goal is to make the legal process as easy as possible, lifting the additional stress off your shoulders so you can focus on your family. We genuinely care about your well-being and the outcome of your case.
Aggressive, Relentless, and Fearless Advocacy
After a serious workplace injury, you need an attorney who isn't afraid to take on powerful adversaries. We are not intimidated by big insurance companies or large corporations that will try to deny or minimize your claim. We will aggressively fight for you, taking on legal adversaries head-on to get you the best possible outcome.
We meticulously prepare every case as if it is going to trial, a strategy that often forces the opposition to offer a fair settlement. Our willingness to go to court and our track record of success in litigation sends a clear message.
Your Path to Justice Begins Here
A brain injury is a life-altering event, but it doesn't have to define your future. You've already endured a traumatic experience; you shouldn't have to face the legal battle alone. The time to act is now. The sooner you reach out, the sooner we can begin building a strong case on your behalf.
We are more than just legal representatives; we are your dedicated advocates. Our aggressive and compassionate approach has secured millions of dollars for clients. This provides them with the financial security and peace of mind they need to move forward. We are ready to bring our award-winning skill and relentlessly fight to your case.
Don't let the strict deadlines and legal processes stand in the way of justice. We're here to lift the additional stress off your shoulders and guide you every step of the way. Let's have a conversation. They changed your life for the worse, let us work to make it better.
Contact Oakes Firm today at (267) 310-0656 for a free, no-obligation consultation.