According to the Brain Injury Association of Wisconsin, almost 6,000 Wisconsinites experience a traumatic brain injury every year. In Wisconsin, head injury lawsuits are eligible for recovery of monetary damages for lost wages, cognitive ability, and physical impairments. Settlements for brain injuries are often over $100,000 and can get up to millions of dollars.
After a brain injury, getting medical help should be your #1 priority. If you were injured at work, you could be entitled to workers' compensation for your lost earnings and medical cost. If you suffered a traumatic brain injury from a government or construction vehicle, our trucking accident lawyers will fight for your financial compensation. If your injury was caused by slipping or tripping due to the negligence of others, our slip and fall attorneys will get you maximum compensation. Our hospital malpractice attorneys will fight to compensate you for brain injuries received from negligent medical personnel. If someone else was responsible, a personal injury attorney can help you pursue fair financial compensation for your injuries. If your child has been injured while in the care of others, you should speak with a daycare negligence lawyer. Our Madison personal injury lawyers and Milwaukee lawyers for insurance claims get the largest judgments and settlements for brain injury victims and their families whether the injury came from sports, poorly maintained property, car accidents, or anything else. Get the compensation YOU deserve with a Warshafsky personal injury or workman's comp attorney.
Liability Where fault for the accident is clear, settlement value will be higher than when the fault is in dispute and the defendant may be reluctant to come to the table with a fair settlement offer.
Multiple defendants There may be an issue as to how much each defendant should pay when there are multiple individuals who may be liable for the accident.
Plaintiffs Characteristics The plaintiff’s occupation, age, and prior medical history can play a factor in the settlement value.
Mitigating Damages Damages must be kept to a minimum. For example, if you never went to a hospital after a traumatic brain injury and as a result, the injuries have gotten worse, the insurance company might reduce the value of your settlement to reflect your failure to immediately seek medical attention.General damages compensate the injured individual for non-monetary damages incurred during an injury claim. They are considered “national general claims” because they address damages that are “generally” sustained during the injury. Common types of general damages are:
TBI Special Compensatory DamagesSpecial damages reward monetary expenses incurred because of the head injury. There is no limit to the types of special damage claims that can be made or the amount an injured party can claim. Common types of special damages are:
TBI injury claims can be complex and overwhelming, especially when victims don’t understand the full extent of their injuries immediately. In the event of a brain injury, the victim will require ongoing support, usually for life. Warshafsky promises to offer the best legal representation in Wisconsin and achieve the best possible settlement through brain injury litigation. In the worst scenarios involving fatalities of loved ones, our wrongful death attorneys will compel those responsible to make restitution. If you or a loved one has suffered a traumatic brain injury, Warshafsky Law Offices can help maximize your settlement.
Wisconsin State Statutes: Injury to the person. Wisconsin Statute § 893.54 (2023). Legislative policy. Wisconsin Statute § 51.001(2g)(a). Pleadings, discovery, and damages in certain personal injury actions. Wisconsin Statute § 802.025
Victor Harding and his team went above and beyond for my son's personal injury. I highly recommend this law firm to everyone I know! Thank you!!
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Brain injuries can be classified into one of three different categories: mild, moderate, and severe. While less severe symptoms may cause a person to believe they have a “mild” TBI, that is not always the case. Because brain injuries are unpredictable and affect people differently, “mild” traumatic brain injuries can have long-lasting effects. Mild TBI’s, also known as concussions remains as one of the most common forms of brain injuries. Doctors typically diagnose individuals with a mild TBI when they experience loss of consciousness for less than 30 minutes and memory loss for less than 24 hours. If you don’t experience any of these symptoms, that doesn’t mean a mild TBI has not occurred. After getting a moderate or severe TBI, at 6 months, 60% of TBI patients can walk again.
| Criteria | Mild | Moderate |  Severe |
|---|---|---|---|
| Loss of Consciousness (LOC) | 0-30 minutes | 30 minutes – 24 hours | >24 hours |
| Alteration of Consciousness (AOC) | A moment up to 24 hours | >24 hours | >24 hours |
| Post-traumatic Amnesia (PTA) | 0-1 days | Between 1-7 days | >7 days |
| Glasgow Coma Scale | 13-15 | 9-12 | >8 |
| Structural Imaging | Normal | Normal or Abnormal | Normal or Abnormal |
A traumatic brain injury is any forceful hit or trauma to the head which disrupts the normal functioning of the brain. A TBI can range from a mild concussion to moderate and severe. A severe brain injury can cause an extended period of unconsciousness and other lifelong neurologic changes.
In addition to concussions, other types of brain injuries include hematoma, edema, skull fractures, hemorrhage, diffuse axonal injury, and anoxic brain injuries.
Depending on the severity, recovery from a brain injury could cost between $60,000 to millions of dollars. Contact Warshafsky law offices to help you pursue fair financial compensation for your injuries.
Many brain injury lawyers charge a contingency fee meaning they receive a percentage of your settlement. At Warshafsky law, we believe in "No Win, No Fee" policy.
Any trauma to the skull can result in traumatic brain injuries. These causes include auto accidents, slip and fall accidents, motorcycle accidents, and bicycle accidents.
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