Brain Injuries

Brain injuries are serious and can often come with lasting consequences. Whether sustained in a car accident, motorcycle crash, slip-and-fall incident, workplace accident, or even as the result of a medical mistake, a brain injury can significantly alter your life. The physical, emotional, and financial impact of a brain injury is overwhelming.

If you or a loved one has suffered a serious brain injury because of someone else’s fault, we know you’re worried.

You’re concerned that you may not recover enough to be able to provide for your family.

Your symptoms may be lingering longer than you thought they would.

There are medical bills piling up, and you don’t know what to do next.

Will you ever get better?  Will you ever received fair compensation?

At RSH Legal, our Iowa brain injury lawyers are committed to guiding you through this complex legal process. With years of experience in brain injury cases, we understand how complex these claims can be.  Let us handle your legal claim and get you the compensation you deserve.

Why You May Need Legal Representation After a Brain Injury

Due to the delicate nature of the brain and its functions, brain injuries are not only painful but can also lead to long-term complications that can affect your daily life.

Types of Brain Injuries We Handle:

• Traumatic Brain Injury (TBI): A traumatic brain injury is caused by an external force, such as a blow to the head, a fall, or an accident. The brain is injured by this force, leading to damage that can vary from a mild concussion to severe and permanent brain damage. In cases of severe TBI, individuals may have trouble with memory, speech, mobility, and other essential functions.  Many TBI impact the very basic activities of daily living.   There is not such thing as an inconsequential TBI.
• Concussions: Although concussions can be considered a mild form of TBI, they can still result in lingering symptoms such as headaches, dizziness, difficulty concentrating, memory problems, and mood swings. Multiple concussions, especially over time, can have cumulative effects.
• Contusions (Brain Bruises): Brain bruising occurs when the brain strikes the skull or is compressed. This type of injury can cause swelling and bleeding, which may lead to long-term neurological issues.  Once can also experience Hematomas and other blood vessel damage or even fractured skull or facial fractures.
• Diffuse Axonal Injury (DAI): A serious type of injury where the nerve fibers in the brain are damaged due to shearing forces. DAI often occurs in high-impact accidents, like car crashes, and can result in long-term disability, coma, or even death. Other nerve damage can also occur, such as damage to the nerves that relate to smell, hearing or sight.
• Hypoxic or Anoxic Brain Injury: This occurs when the brain is deprived of oxygen. Brain cells can begin to die without proper oxygen, leading to permanent cognitive and motor dysfunction.

Why You Need an Experienced Brain Injury Lawyer:

Brain injury claims often require testimony from medical professionals to prove the extent of your injury and its long-term impact. Having a skilled attorney on your side ensures that:

• You receive the full amount of compensation you deserve, for all your harms and losses – including medical bills, lost wages, pain and suffering, and any future care or rehabilitation.
• Your case is properly documented, helping to ensure your injury is linked to the incident that caused it, especially when symptoms don’t immediately appear.
• You are guided through complex legal proceedings, including dealing with insurance companies.
• Make sure your attorney has taken brain injury cases all the way to trial because they are unique and need to be handled correctly.  We have successfully tried numerous brain injury cases.

Types of Injury Cases That May Include Brain Injuries We Handle in Iowa

At RSH Legal, we have extensive experience handling a wide range of brain injury cases. Here are some of the most common brain injury cases we handle:

Car, Semi-Truck, & Motorcycle Accidents

Motor vehicle accidents are among the leading causes of brain injuries. Even a minor car crash can result in a concussion or other serious brain injury. 

Whether you’re a driver, passenger, pedestrian, or cyclist, a brain injury resulting from a crash or accident can have life-changing effects. We help victims of vehicle crashes pursue compensation from the negligent driver’s  insurance company.  Many times these cases also include underinsurance claims which needs to be investigated every time a brain injury is involved.

Workplace Accidents

Brain injuries can occur in almost any workplace environment, from construction sites to office buildings. If your brain injury occurred while you were performing work-related duties, you might be entitled to workers’ compensation benefits. However, if the injury was caused by a third party, like a defective machine or unsafe work conditions, you may also be able to file a personal injury lawsuit for additional compensation.

Slip-and-Fall Accidents

Slip-and-fall accidents are common causes of brain injuries, especially for older adults. If you fall and hit your head on a hard surface or object, the resulting injury can cause lasting cognitive and physical problems. Property owners are legally obligated to maintain reasonably safe conditions, including proper snow and ice removal, and if they fail to do so, they can be held liable for your injury.

Medical Malpractice

Brain injuries can result from medical negligence, such as failing to diagnose or treat a brain injury, improperly administering anesthesia,  failure to maintain a proper airway / breathing  or making a surgical error. If you have suffered a brain injury due to a healthcare provider’s mistake, you may be entitled to compensation through a medical malpractice lawsuit.

How to File a Brain Injury Claim in Iowa

If you or a loved one has sustained a brain injury in Iowa, filing a claim can seem overwhelming, especially with the complex medical and legal issues involved. However, understanding the process can help make the journey a little less daunting.

Here’s a step-by-step guide on how to file a brain injury claim in Iowa:

Step 1: Seek Immediate Medical Attention

The first priority after a brain injury should always be to get proper medical attention immediately.

A brain injury, especially a TBI or concussion, may not always show symptoms right away. That doesn’t mean you should wait until symptoms appear, though. Early intervention is critical to prevent further damage.

Be sure to document all of your treaters to establish a list of all the places where a medical record of your injury occurred.   We will order these records and they will be will be crucial for your claim.

Step 2: Report the Injury

If your injury occurred at work or on someone else’s property, be sure to report it to your employer, property owner, or the responsible party right away. For workplace injuries, this will start the workers’ compensation process. For accidents occurring on public or private property, reporting the injury allows the at-fault party’s insurer to get involved.

If you were in a car accident, make sure to tell your own car insurance provider. Don’t go into detail about the crash other than that you were injured and are seeking medical treatment. If you have questions on what exactly you should tell your insurance company, call us.    It is important you consider the ramifications of everything you tell an insurance company.

Step 3: Gather Evidence

To support your claim, we will gather as much evidence as possible:

• Medical records documenting the extent of your injury and any ongoing symptoms.
• Accident reports from police or your employer.
• Witness statements that can verify the cause of your injury.
• Photos or videos of the accident scene and your injuries.
• Expert opinions from medical professionals, such as neurologists, to assess the severity of the injury and its long-term effects.

Step 4: File the Claim

Once you have all necessary documentation, you can file your claim.

This step can be complex, as you need to determine who is liable for your injuries. This could be an auto insurer, your employer’s workers’ compensation provider, or the property owner’s liability insurer.

You definitely should speak with an experienced Iowa brain injury attorney before you make any kind of formal claim that goes beyond notification the carrier.   If you contact us early enough, we can do all of this for you.   You need to focus on your healing and let your lawyers focus on your legal claim.

Step 5: Negotiation or Litigation

Most brain injury claims are settled through a skilled brain injury lawyer who engages in negotiation with the insurance company, but if a fair settlement cannot be reached, you can go to trial.   This is a decision that you can make jointly with your lawyer after you have been educated about the pros and cons of each option.

Common Challenges in Brain Injury Cases

Brain injury cases are complicated, and there are several challenges that may arise during the process:

• Delayed symptoms: Some brain injuries, such as concussions, may not show symptoms immediately. This can complicate the case when trying to prove the injury’s full impact.
• Insurance disputes: Insurance companies may try to minimize the severity of your brain injury or dispute liability altogether. An attorney can help fight these tactics and ensure your case is treated fairly.
• Proving long-term effects: Brain injuries often have long-term effects, such as cognitive dysfunction, mood changes, and physical limitations. Expert testimony and evaluations are essential to demonstrate how the injury will affect your life.
• Getting proper Treatment:  Treating Brain Injuries is challenging.  A skilled brain injury attorney will be up to date on the basics of such treatment and can point you in the right direction for treatment.

Iowa Brain Injury Frequently Asked Questions (FAQ)

How much compensation can I receive for a brain injury?

Compensation for a brain injury varies depending on a variety of different factors, including:

• Severity of the injury
• Medical expenses, both in the past and any you may need in the future
• Lost wages
• Pain and suffering
• Rehabilitation
• Long-term care needs
• Impacts on relationships with spouses, children, and possibly parents or caregivers

Do I need a lawyer for a brain injury claim?

Yes, in most cases you do need a lawyer.  Certainly, in the very least, to give you the lay of the land and your options.   You need to know your rights.   You need to know deadlines.  You need to know what the insurance carriers will try to use against you.  While it may be possible to handle a small brain injury claim on your own, having an experienced lawyer increases your chances of receiving full and fair compensation even in those situations.   A lawyer will handle the details of your claim, leaving you to focus on your recovery.  With any serious brain injury, you need to at least consult an attorney and bluntly stated there is no way we would recommend you handle a claim like that on your own as there is too much at stake.

How long do I have to file a brain injury claim in Iowa?

In Iowa, you generally have two years from the date of the injury to file a personal injury claim. This includes brain injuries. Missing this deadline may bar you from receiving compensation, so it’s essential to act quickly.   There are some exceptions to this rule but you need to talk to an attorney as soon as possible to discuss these potential issues.

Can I sue for a brain injury if it happened at work?

If your brain injury occurred at work, you may be eligible for workers’ compensation benefits. However, if a third party (such as a negligent driver or equipment manufacturer) is responsible for the injury, you may also pursue a personal injury lawsuit.   We have handled a lot cases that fit this category, but it always takes an analysis to see if the situation fits the law.

Contact Us Today for a Free Consultation

If you or a loved one has suffered a brain injury in Iowa, contact us today. Our experienced brain injury lawyers are here to guide you through the legal process and fight for the compensation you deserve. Let us help you get the justice you deserve and need.

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney