Omaha Traumatic Brain Injury Lawyer

According to the Centers for Disease Control and Prevention (CDC), 2.8 million visits to emergency room departments each year are related to traumatic brain injuries (TBI). Unlike some other organs, brain tissue is generally unable to regenerate itself. This means that many traumatic brain injuries cause severe, life-long damage.

When a traumatic brain injury is due to the negligence or reckless behavior of another person, sports league, or other entity, you may be able to seek legal recourse through a lawsuit with the help a passionate injury attorney. An Omaha traumatic brain injury lawyer can help you learn more about how the laws of the state apply to your specific case.

What Constitutes a TBI?

A traumatic brain injury is a serious brain injury caused by an external force to the head. According to the CDC, the most common symptoms include “impaired thinking or memory, movement, sensation, or emotional functioning.” While these types of brain injuries may sometimes be mild and short-term, in other cases these brain injuries cause serious, long-lasting damage.

When these damages the result of the reckless or negligent behavior of another person or company, you may have a right to seek compensation for the losses caused by their behavior. In some circumstances, the traumatic brain injury may be caused by the negligent behavior of more than one person or business. Under those circumstances, you may be able to seek compensation from each responsible party with the help of an experienced Omaha traumatic brain injury lawyer at Inkelaar Law.

Laws Concerning Traumatic Brain Injuries

Under Omaha’s modified comparative negligence theory for traumatic brain injury lawsuits, the victim will be able to file a lawsuit against all the responsible parties. In fact, even if the injured party was partially responsible they may still be able to recover in a negligence lawsuit.

Under Section 25-21, 185.09 of the Nebraska Code, a negligent party will be able to recover the portion of their damages they are not responsible for as long as they are not more than 50 percent at fault for the injury.

Potential Recoverable Damages in Omaha

In general, a person may be able to recover the following types of damages in a traumatic brain injury lawsuit:

  • Medical bills, including future medical bills related to the TBI;
  • Lost wages, including lost opportunities to work in the future or a diminished earning capacity;
  • Household expenses relating to the traumatic brain injury;
  • Pain and suffering;
  • Loss of enjoyment of life;
  • Mental anguish;
  • Loss of consortium or companionship; and
  • Punitive damages, in circumstances where the negligent party behaved in an especially egregious manner.

For more information, reach out to an Omaha traumatic brain injury lawyer today.

Let an Omaha Traumatic Brain Injury Attorney Assist You

Under Section 25-207 of the Nebraska Code, you will generally have up to four years from the date of the accident causing the TBI to file a lawsuit against any responsible parties. Under the laws applicable to Omaha traumatic brain injuries, there are exceptions if you did not discover your traumatic brain injury until a later date.

Due to the complexity of Omaha’s laws surrounding when a lawsuit may be filed, it is advisable for you to contact an Omaha traumatic brain injury lawyer at Inkelaar Law. A well-versed attorney can advise you on your specific case and the legal options that may be available to you.