A brain injury can profoundly change your life, leading to significant physical, emotional, and financial challenges. If you have suffered a brain injury due to someone else’s negligence, you are entitled to pursue compensation either through legal action or insurance claims.

A brain injury lawyer plays an important role in helping you and your family seek the compensation you deserve. In this article, we will cover the different types and causes of brain injuries, legal options for victims, types of possible compensation, and how a brain injury lawyer can assist you throughout the process.

Omaha Brain Injury Lawyers

Brain injuries are one of the most serious types of injuries to receive – whether it’s CTE as the result of a car crash, sporting-related injury, or some other reason. Brain injuries can often result in irreparable losses to cognitive and motor functions. However, proving the extent of injury caused can be challenging.

That’s where an experienced personal injury attorney comes in. PI lawyers help the court see how much you have been injured and fight for your right to compensation, including monetary and medical compensation.

The dedicated personal injury attorneys at Liberty Law Group are experienced in working with clients with a wide range of injuries. If you or a loved one have been injured and are suffering cognitive or motor loss as a result, contact our firm immediately at (402) 865-0501 or fill out our online contact form.

Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.

We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.



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Types of Brain Injuries

  • Concussion: Occurs when a blow or jolt to the head causes the brain to move rapidly inside the skull, leading to brain cell damage and chemical changes. Symptoms include headaches, confusion, dizziness, nausea, and sometimes loss of consciousness. Symptoms may be immediate or delayed and can persist for days or weeks. Repeated concussions can lead to long-term neurological issues.
  • Contusion: A bruise on the brain caused by an impact to the head, resulting in localized bleeding and swelling. Symptoms include memory problems, fatigue, emotional disturbances, speech difficulties, and coordination issues. Severe contusions can increase intracranial pressure, requiring surgery to relieve pressure and prevent further brain damage.
  • Penetrating Brain Injury: Occurs when an object pierces the skull and enters the brain tissue, causing significant damage along its path. Symptoms vary based on the location of the injury but may include severe headaches, seizures, loss of cognitive or motor functions, and personality changes.
  • Diffuse Axonal Injury (DAI): Widespread damage to the brain’s white matter, usually caused by severe rotational forces in vehicle collisions or falls from great heights. The brain shifts and rotates within the skull, tearing the axons that enable different brain areas to communicate. Symptoms include prolonged unconsciousness, profound cognitive and physical impairments, and in some cases, coma. Recovery is often prolonged with lasting disabilities.

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Causes of Brain Injuries

  • Car Accidents: In Nebraska, car accidents are a leading cause of brain injuries. When another driver is negligent, such as speeding or driving under the influence, the result can be concussions, contusions, or more severe brain damage.
  • Falls: Slips and falls are another common cause, particularly in workplaces or public spaces where safety measures are inadequate. Slippery floors, uneven surfaces, or poor lighting can lead to head injuries. Older adults and children are especially at risk.
  • Sports Injuries: Contact sports like football or soccer often result in brain injuries due to collisions, falls, or impacts with equipment. Coaches and organizations have a responsibility to enforce safety rules and provide proper protective gear.
  • Assaults: Physical violence can result in brain injuries, such as concussions or penetrating injuries.
  • Medical Malpractice: Brain injuries can also result from medical malpractice, such as errors during surgery or improper anesthesia administration. Healthcare providers must follow high standards of care. Falling short of this standard can be devastating for victims.
  • Workplace Accidents: In industries like construction or manufacturing, falling objects, machinery accidents, or falls from heights can cause severe brain injuries. Employers are responsible for providing safe work environments and proper training.

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Possible Liable Parties for Brain Injuries

  • Negligent Drivers: If another driver’s negligence caused the car accident and subsequent brain injury, they and their insurance company may be held liable. Nebraska law requires drivers to carry liability insurance to cover damages from accidents they cause.
  • Employers: Employers can be liable for brain injuries resulting from workplace accidents. Nebraska’s workers’ compensation laws usually come into effect, precluding victims from bringing personal injury lawsuits against the employer unless in limited circumstances.
  • Property Owners: Under Nebraska premises liability laws, property owners are responsible for maintaining a safe environment. If the victim suffers a brain injury due to unsafe conditions on someone else’s property, the owner or manager may be held accountable.
  • Medical Professionals: If medical malpractice leads to a brain injury, such as during surgery or due to a failure to diagnose a condition, healthcare providers (e.g., surgeons, nurses, hospitals) can be sued for negligence.
  • Product Manufacturers: If a defective product, such as faulty airbags in a car, causes a brain injury, the manufacturer may be held responsible under product liability laws.
  • Offenders: In cases of intentional harm, such as assaults, the individual who caused the injury can be held liable. Nebraska law allows crime victims to file lawsuits against perpetrators for damages.

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Legal Process for Brain Injury Victims

  • Filing an Insurance Claim: The relevant insurance company should be notified about the injury, and details about the accident should be provided. Evidence such as medical records, bills, and proof of lost wages must be submitted to support the claim. The insurance company will review the evidence and may offer a settlement.
  • Negotiating a Settlement: If the insurance company offers a settlement, it should be evaluated to determine if it sufficiently covers the losses. Negotiations for a higher amount may be necessary. If negotiations fail, a lawsuit can be filed.
  • Filing a Lawsuit: To initiate a lawsuit, a complaint is filed in court, outlining the details of the accident and alleging negligence. The legal process includes discovery (exchange of information), mediation, or potentially a trial to resolve the case.

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Potential Damages in Traumatic Brain Injury Cases

  • Medical Expenses: Compensation may cover hospital stays, surgeries, rehabilitation, and ongoing medical care.
  • Lost Wages: Lost wages for time missed from work and compensation for long-term inability to return to work (loss of earning capacity) may be recovered.
  • Pain and Suffering: Damages for pain and suffering compensate for the physical and emotional pain caused by the injury.
  • Loss of Enjoyment of Life: If the injury prevents participation in activities once enjoyed, compensation for diminished quality of life may be sought.
  • Wrongful Death Claims: If the brain injury results in death, surviving family members can seek damages for funeral costs, loss of financial support, companionship, and the pain experienced by the deceased prior to passing.

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Steps to Take After Brain Injuries

  • Seek Immediate Medical Attention: Even minor injuries should be treated immediately as symptoms can worsen over time.
  • Document Everything: Keep detailed records of medical visits, symptoms, and communication with insurance companies.
  • File an Employer Report: If the injury occurred at work, notify the employer and file a workplace injury report.
  • Consult a Brain Injury Lawyer: A lawyer can assist in handling paperwork, gathering evidence, and managing legal deadlines.

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Role of a Brain Injury Lawyer

  • Handling Legal Paperwork: Your lawyer will ensure all legal documents are filed correctly and on time.
  • Collecting Evidence: A lawyer will gather medical records, accident reports, witness statements, and expert testimony to support your claim.
  • Negotiating with Insurance Companies: A lawyer can negotiate with insurers to help ensure fair treatment.
  • Representation in Court: If a settlement cannot be reached, your lawyer will represent you in court to seek compensation.
  • Providing Medical and Financial Advice: Brain injury lawyers can help you navigate medical care options and manage financial issues related to your injury.

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Frequently Asked Questions

What should I do immediately after a brain injury accident?
Seek medical help right away and consult a lawyer to discuss your legal options.

How long do I have to file a brain injury lawsuit?
In Nebraska, you generally have four years from the date of the injury for most personal injury cases and two years for malpractice cases.

Can I receive compensation for pain and suffering?
Yes, compensation for pain and suffering is possible depending on the specifics of your case.

What types of damages can I claim in a brain injury lawsuit?
You may claim medical expenses, lost wages, pain and suffering, and other related costs.

How long does it take to resolve a brain injury lawsuit?
It can take several months to years, depending on the complexity of your case.

What evidence is needed to support a brain injury claim?
Medical records, witness statements, accident reports, and expert testimony are important.

Can I still file a claim if I am partially at fault for the accident?
Yes, but your compensation may be reduced by your percentage of fault.

What if the insurance company offers a low settlement?
A lawyer can negotiate or take your case to court to seek fair compensation.

How is the compensation amount determined?
It is based on medical costs, lost income, the seriousness of the injury, and its impact on your life.


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Additional Resources

  • Brain Injury Data and Statistics – The Nebraska Brain Injury Advisory Council provides a source of data on brain injuries in the state. This includes information from the Traumatic Brain Injury Registry, which collects data from hospitals and other healthcare providers under state law. The website also offers resources to help individuals with brain injuries access necessary services.
  • Symptoms of Traumatic Brain Injuries – MedlinePlus, a resource from the National Institutes of Health, offers information on the symptoms of TBIs. It covers how TBIs can occur, from mild concussions to severe brain damage, and discusses the symptoms that may appear at different severity levels. This resource helps individuals understand potential signs and when to seek medical attention.
  • Facts About TBI – The Centers for Disease Control and Prevention (CDC) provides statistics about traumatic brain injuries, including their impact on public health. This page explains how TBIs can affect individuals of all ages, outlining the risks and long-term effects.
  • Statute of Limitations for Brain Injury Lawsuits – Nebraska law establishes the legal time limits for filing brain injury lawsuits in the state. It explains the statute of limitations for most types of injuries and legal claims.

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Hire an Experienced Brain Injury Attorney in Douglas County NE

The dedicated personal injury attorneys at Liberty Law Group are experienced in working with clients with a wide range of injuries. If you or a loved one have been injured and are suffering cognitive or motor loss as a result, contact our firm immediately at (402) 865-0501 or fill out our online contact form.

Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.

We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.