Our injury lawyers in Fishers goal is to provide compassionate and effective legal representation to those affected by such injuries, ensuring they receive the justice and compensation they deserve.
A traumatic brain injury occurs when an external force causes brain dysfunction, often resulting from a violent blow or jolt to the head or body. TBIs range from mild concussions to severe brain damage, leading to long-term complications or even death.
According to the Centers for Disease Control and Prevention (CDC), during 2016–2018, a total of 181,227 TBI-related deaths occurred in the United States, averaging 17.3 per 100,000 population per year.
Traumatic brain injuries (TBIs) can occur in many different ways, often when you least expect it. As Lawrence traumatic brain injury lawyers, we’ve represented clients whose lives were forever changed in a matter of seconds—through a fall at a friend’s house, a crash on the way to work, or an accident at a construction site.
Understanding the most common causes of TBIs can help you identify potential risks and, more importantly, know when someone else’s negligence may be to blame.
Falls are the leading cause of TBI in the United States, especially among children and older adults. According to the Centers for Disease Control and Prevention (CDC), falls account for nearly half of all TBI-related hospitalizations.
In Indiana, this trend is reflected in emergency department data, with unintentional falls being the top cause of TBI-related hospital visits. These incidents can happen at home, in a nursing facility, or on unsafe business premises.
As Lawrence personal injury lawyers, we see many fall-related TBIs resulting from property owners who fail to maintain safe conditions. Wet floors, uneven surfaces, poor lighting, and a lack of handrails are all hazards that can lead to devastating head injuries. You may have a strong legal claim if a property owner’s negligence caused your fall.
Car accidents are another leading cause of TBIs, especially when high speeds or larger vehicles are involved. In a collision, your head can strike the steering wheel, window, dashboard, or airbag, even if you’re wearing a seatbelt. Whiplash can also cause the brain to bounce inside the skull, leading to serious injury without any external signs of trauma.
Motorcycle, bicycle, and pedestrian accidents carry even higher risks for brain injury due to a lack of protection. Helmets help reduce the risk but cannot prevent all TBIs. When another driver’s negligence—such as texting while driving, running a red light, or speeding—leads to your injury, we can hold them accountable.
Construction sites, warehouses, factories, and even office environments can all present risks for head injuries. Falling tools, heavy equipment malfunctions, unsafe ladders, and lack of protective gear can all lead to severe TBI. Indiana employers are required to follow strict OSHA safety regulations. When they don’t, and workers get hurt, they can sometimes be liable.
While workers’ compensation may cover some expenses, it may not be enough—especially if a third party (such as a subcontractor or equipment manufacturer) was involved. As experienced injury attorneys in Lawrence, we help clients explore every possible path to full compensation.
High-impact sports like football, hockey, and wrestling come with known risks of head trauma. However, recreational activities like skateboarding, skiing, and horseback riding also contribute to TBI cases. If you or your child sustained a TBI during a supervised activity and safety protocols were ignored or equipment was defective, you may have a legal claim.
Unfortunately, TBIs can also result from intentional harm, such as physical assault, gunshot wounds, or domestic violence. In these situations, victims not only suffer severe physical trauma but often emotional and psychological harm as well. Beyond pursuing criminal charges, civil legal action can help victims recover damages and start the healing process.
The prevalence of TBIs in Indiana is a significant concern. The Indiana Traumatic Brain Injury State Plan reported that TBI-related emergency department visits have an incidence rate of 355.7 per 100,000 residents. Notably, individuals in rural counties face a 2.2 times higher risk for TBI-related visits than those in metropolitan areas.
Moreover, men experience TBI hospitalizations at a higher rate (124.7 per 100,000 residents) than women. The leading causes of these hospitalizations include unintentional falls (46%) and motor vehicle collisions (14%).
Understanding your legal rights is crucial when pursuing compensation for a TBI. Indiana law allows individuals to seek damages if another party’s negligence led to their injury. This includes compensation for medical expenses, lost wages, pain and suffering, and more.
In Indiana, the statute of limitations for personal injury claims, including TBIs, is generally two years from the date of the injury. However, if the claim is against a government entity, the timeframe is significantly shorter—typically 180 days.
Indiana follows a comparative fault system, meaning that if you are partially at fault for the incident leading to your TBI, your compensation may be reduced by your percentage of fault. If you are found to be more than 50% at fault, you may be barred from recovering any compensation.
Navigating the complexities of a TBI case requires experienced legal guidance. As dedicated brain injury attorneys in Fishers, we offer comprehensive support by:
If you or a loved one has suffered a TBI, it’s essential to take the following steps:
Victims of TBIs may be eligible for various forms of compensation, including:
Our firm stands out due to our:
From the moment you contact us, we begin strategizing your case. First, we’ll listen. We want to know what happened and how it’s affected you and your family. Next, we’ll evaluate whether you have a claim under Indiana law and explain your legal options clearly—no confusing jargon, no pressure.
Once we take your case, we gather evidence, speak with witnesses, consult medical experts, and handle all the legal details. We’ll also manage all interactions with insurance companies, so you don’t have to worry about saying the wrong thing or being misled. We’ll take your case to trial if the insurer refuses a fair settlement.
We’ll be honest with you throughout. You’ll always know what’s happening and why. Every injured person deserves a Fishers personal injury lawyer who is accessible, responsive, and genuinely caring. That’s who we are.
Traumatic brain injuries can cause a wide range of complications that may last for months, years, or permanently. These include:
Some victims may require lifelong care or be unable to return to work. Families often must take on the role of caregivers, which can be emotionally and financially exhausting. As injury attorneys in Fishers, we’ve seen how critical it is to calculate long-term needs and account for every possible future cost in your settlement.
We also connect our clients with local resources for additional support. Indiana offers a Traumatic Brain Injury Waiver program that provides funding for services like home health aides, transportation, and therapy. Organizations like the Brain Injury Association of Indiana offer peer support and education for individuals and families affected by brain injuries.
Being informed and having access to resources can make a difference in your recovery. As your legal team, we will do everything we can to empower you on both the legal and personal fronts.
Symptoms vary depending on the severity of the injury. Mild TBIs (like concussions) may cause headaches, dizziness, confusion, and fatigue. Moderate to severe TBIs can result in slurred speech, persistent nausea, seizures, loss of coordination, mood swings, and even coma. Some symptoms may appear immediately, while others develop days or weeks later.
Yes. TBIs are sometimes missed in emergency rooms, especially if there are no visible head wounds or the symptoms are subtle. That’s why it’s critical to follow up with a neurologist or brain injury specialist if you’ve suffered any head trauma. Undiagnosed TBIs can worsen over time and cause lasting damage.
Doctors evaluate brain function using a combination of neurological exams, imaging tests like CT scans or MRIs, and cognitive assessments. In some cases, extended monitoring is required to track changes in behavior, memory, or motor skills.
No. Many people who sustain mild TBI’s or concussions never lose consciousness. You can still experience significant cognitive or emotional symptoms even if you remained awake after the injury.
Yes. Indiana law allows you to pursue compensation if the accident worsened an existing condition. The key is showing that the TBI aggravated your prior health issues or led to new challenges you didn’t previously have.
It depends on the complexity of the case, the severity of the injury, and the insurance company’s willingness to negotiate. Some cases settle in months; others take over a year, especially if litigation is required.
If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, don’t wait to seek legal advice. Indiana law places strict time limits on personal injury claims, and evidence becomes harder to gather each passing day. We encourage you to call even if you’re unsure whether you have a case.
Our consultations are free; you don’t pay us unless we win. We take the time to listen, explain your rights, and guide you toward the best possible outcome. Whether your case involves a car accident, a workplace fall, or another form of negligence, we have the experience and drive to fight for you.
Contact our office today and speak with a Fishers traumatic brain injury lawyer who cares about your future. We’re here to help you rebuild your life.
Copyright © 2025 Vaughn A. Wamsley. All rights reserved.