Suffering a traumatic brain injury because someone else acted carelessly or recklessly turns life upside down. Whether the harm happened in North Philly, West Oak Lane, or a crash on I-95, the effects ripple across every part of your daily life. At The Oakes Firm, a Philadelphia traumatic brain injury lawyer helps people like you seek the compensation they deserve for these life-altering injuries.
You need more than general legal support; you need someone focused on the specific challenges of brain injuries. Pennsylvania personal injury laws give you the right to recover damages when another person’s actions caused your injury. That includes covering medical bills, income you’ve lost, and the toll a brain injury has taken on your ability to live a normal life.
Call The Oakes Firm today at (267) 310-0656 for a free consultation. You'll get honest answers, practical advice, and personal attention from people who care.
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What Is a Traumatic Brain Injury?
Traumatic brain injuries (TBIs) happen when a sudden force, jolt, or blow disrupts normal brain function. These injuries can be mild, moderate, or severe. Some recover quickly. Others deal with long-term effects for years or a lifetime.
Types of Traumatic Brain Injuries
Different types of traumatic brain injuries affect the brain in unique ways. Each one requires its own medical care and may lead to short- or long-term complications. Some injuries appear mild at first but cause serious disruptions later. Understanding the type of injury is a key part of building a strong legal case.
Concussions
Often caused by falls or car accidents, concussions are the most common type. Even a mild concussion can cause memory problems, headaches, and concentration issues.
Contusions
These are bruises on the brain caused by direct impact. A contusion may require surgery if it causes bleeding or swelling.
Diffuse Axonal Injuries
These injuries occur when the brain rapidly shifts inside the skull, often during high-speed crashes. The damage spreads throughout the brain, sometimes leading to coma or permanent disability.
Penetrating Brain Injuries
When an object breaks through the skull, such as in a violent assault or industrial accident, it can cause significant brain damage. These injuries often require emergency surgery and intensive rehab.
Long-term Effects and Complications of TBIs
A traumatic brain injury doesn’t always heal quickly. For some, life is never quite the same. The damage can reach far beyond the initial accident, affecting how you think, feel, move, and relate to others. The ripple effects may last for months, years, or permanently. Even so-called “mild” injuries can bring lasting complications.
Cognitive Impairments
Memory loss, poor concentration, and difficulty with language are common and can interfere with school, work, and daily tasks.
Physical Disabilities
Loss of balance, coordination, or even paralysis can follow a TBI. Some people need assistance walking or performing basic functions.
Emotional and Behavioral Changes
Mood swings, depression, anxiety, or sudden outbursts can result from a TBI. These changes affect relationships and quality of life.
Impact on Quality of Life
A brain injury can change how you think, feel, and interact with others. Many survivors can't return to work or hobbies they once enjoyed.
Common Causes of Traumatic Brain Injuries in Philadelphia
TBI accidents happen all over Philadelphia, especially in busy areas like Center City, on SEPTA platforms, or on Roosevelt Boulevard. Understanding how they happen can help your legal team find who's responsible.
Motor Vehicle Accidents
- Car Crashes: Even a low-speed collision can jolt your head and cause serious brain trauma.
- Rideshare Accidents: Uber and Lyft rides sometimes end in disaster. Your legal team may need to deal with multiple insurance companies.
- Truck Accidents: Semi-trucks cause violent crashes, especially on highways like I-76 or I-476. The force often leads to severe head injuries.
- Motorcycle Accidents: With little protection, riders face a high risk of TBIs when they crash or get hit.
- Pedestrian Accidents: Being hit while crossing Broad Street or walking near Temple University can cause serious head trauma.
- Bicycle Accidents: Biking in areas like Manayunk or South Philly puts cyclists in traffic. A fall or collision often results in a TBI.
Workplace Injuries
- Construction Site Accidents: Falls from scaffolding, getting struck by equipment, or dropped tools can all lead to brain injuries.
- Falls from Heights: Ladders, platforms, or rooftops pose a big risk, especially when proper safety gear isn’t provided.
- Equipment Malfunctions: When tools or machinery break, workers can be struck or thrown violently.
- Industrial Accidents: Large machines, slick floors, and fast-moving processes make places like factories dangerous for the brain.
Premises Liability Incidents
- Slip and Fall Accidents: Slipping on unmarked wet floors or icy sidewalks can cause a hard blow to the head.
- Inadequate Security Leading to Assaults: Assaults in poorly lit or unguarded buildings can result in penetrating or blunt-force TBIs.
- Defective Property Conditions: Loose stairs, broken railings, and other hazards on private or public property lead to serious injuries every year.
Medical Malpractice
- Surgical Errors: Operating on the wrong part of the brain or causing bleeding during surgery can lead to irreversible damage.
- Misdiagnosis or Delayed Diagnosis: Missing a brain bleed or failing to diagnose a TBI allows damage to worsen.
- Birth Injuries: A lack of oxygen or trauma during delivery can cause long-term brain injuries in infants.
- Nursing Home Injuries: Falls, abuse, or medication errors in long-term care facilities may result in serious head trauma for elderly residents.
How Much Is My Brain Injury Case Worth?
No two brain injury cases are the same. The value depends on what happened, how badly you were hurt, and what you’ve lost as a result.
Factors That Determine Case Value
- Severity of the Injury: More serious TBIs often lead to higher settlements.
- Extent of Medical Treatment Required: Surgeries, hospital stays, and rehab all add to the claim's value.
- Lost Wages and Earning Capacity: If the injury keeps you from working now or in the future, those losses count.
- Pain and Suffering: TBIs can disrupt daily life and cause major emotional strain.
- Future Care Needs: Some survivors need lifelong help, from therapy to home modifications.
Types of Damages Available
- Economic Damages: Medical bills, therapy costs, home health care, and lost income.
- Non-Economic Damages: Loss of independence, memory, personality changes, and ability to enjoy life.
- Punitive Damages: Awarded in rare cases where someone acted with extreme carelessness or malice.
Pennsylvania Laws Governing Brain Injury Cases
You only have so much time to act, and certain laws could affect how much you recover.
Statute of Limitations
- You generally have two years from the date of the injury to file a lawsuit.
- If the injury wasn’t obvious right away, Pennsylvania's discovery rule may extend the deadline.
- For children injured in accidents, the timeline often starts when they turn 18.
Comparative Negligence Rules
- Pennsylvania follows modified comparative negligence.
- If you're partly at fault, your recovery gets reduced. But if you’re more than 50% responsible, you can’t recover damages.
- Example: If a jury finds you 30% at fault, your compensation will be reduced by 30%.
Insurance Requirements and No-Fault Laws
- Pennsylvania uses a choice no-fault system for auto insurance.
- Drivers choose between limited tort and full tort policies.
- You may be able to step outside the no-fault system if your injury meets the serious injury threshold.
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What Should I Do After Suffering a Brain Injury?
Acting quickly and carefully after a brain injury makes a difference. Here's what to focus on.
Immediate Medical Steps
- Seek emergency care, even if symptoms seem minor.
- Follow doctors’ orders exactly. This builds a strong medical record.
- Track your symptoms in a journal. Documenting your recovery can help prove your claim.
Evidence Preservation
- Take photos of where the injury happened.
- Get contact info for any witnesses.
- Keep all medical records, receipts, and prescriptions.
- Photograph injuries like swelling, bruising, or surgical wounds.
Legal Steps to Protect Your Rights
- Don’t give recorded statements to insurers.
- Don’t sign anything without talking to a lawyer first.
- Call The Oakes Firm early so we can start working on your behalf.
How Can a Philadelphia Brain Injury Lawyer Help You?
You don’t have to go through this alone. A lawyer helps protect your interests and fights for full compensation.
Case Investigation and Evidence Gathering
- Use accident reconstruction to show what really happened.
- Work with medical consultants to understand injuries.
- Collect police reports, security footage, and witness accounts.
Medical Aspects of Your Case
- Collaborate with neurologists and rehab specialists.
- Review your long-term care needs with planners.
- Project your future medical costs accurately.
Insurance Negotiations
- Speak directly with the insurer so you don’t have to.
- Identify all policies that may cover your claim.
- Push back against lowball settlement offers.
- Expose coverage gaps that affect your payout.
Trial Representation
- Prepare every case like it’s going to trial.
- Explain medical details clearly to jurors.
- Question defense witnesses and fight false claims.
- Ask the court for the maximum compensation allowed.
Initial Consultation and Case Evaluation
- Bring your medical records, accident reports, and photos.
- We’ll review whether your case is strong.
- We work on contingency. You don’t pay unless we recover money for you.
Choosing the Right Philadelphia Brain Injury Attorney
You need someone who understands what you're dealing with and knows how to fight back.
Experience with TBI Cases
- We’ve helped clients with head injuries caused by cars, falls, and violent incidents.
- We know how to explain brain injuries in plain English to judges and juries.
- We’ve built strong relationships with top medical professionals in the area.
Resources and Support Staff
- Brain injury cases require deep investigation. We’ve got the team to handle it.
- From experts to support staff, you’ll have a whole crew behind you.
- We support your family too, every step of the way.
Communication and Client Service
- You’ll never be left in the dark about your case.
- We’re always a phone call or email away.
- We treat you with respect, patience, and care.
Why Time Is Critical in Brain Injury Cases
Every day that passes could make it harder to prove your case.
- Evidence disappears. Footage gets erased. Witnesses forget details.
- Deadlines apply. Miss the statute of limitations, and your chance at recovery is gone.
- Acting early gives your legal team a better shot at building a solid claim.
What Our Firm Offers TBI Victims
At The Oakes Firm, we’ve built our reputation on results and relationships.
- Free consultations with no pressure or commitment.
- You don’t pay legal fees unless we recover compensation.
- End-to-end support from the first phone call to the final outcome.
- We take the time to understand your story and tailor our strategy to your needs.
Frequently Asked Questions about TBIs
Can I still pursue a claim if the brain injury wasn't immediately apparent after my accident?
Yes. Symptoms sometimes show up days or weeks later. Pennsylvania’s discovery rule may extend the deadline for filing your claim.
What if my loved one died from a traumatic brain injury?
You may have grounds for a wrongful death lawsuit. A surviving spouse, child, or parent can usually file the claim.
How long do brain injury cases typically take to resolve?
It depends on how clear the facts are and how cooperative the other side is. Some cases settle in a few months, others take over a year.
Will I have to go to court, or can my case be settled?
Most cases settle. But if the insurance company refuses to pay fairly, we’re fully prepared to take your case to trial.
What if I was partially at fault for the accident that caused my brain injury?
Under Pennsylvania law, you can still recover damages as long as you're not more than 50% at fault. Your compensation is reduced by your share of the blame.
Contact Our Skilled Philadelphia TBI Attorneys Today
Don’t let someone else’s carelessness define your future. Contact The Oakes Firm now to schedule your free, no-obligation consultation with an experienced Philadelphia personal injury lawyer. Our team will give your case the attention it deserves, and we’re ready to start right away. You deserve an advocate who understands your struggles and is ready to fight for every dollar you’re owed.