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No Fees Unless We Win

(608) 784-4370

Understanding Traumatic Brain Injuries (TBI): A Comprehensive Guide for Wisconsin Residents


Brain injuries are some of the most disabling a person can suffer. The human brain is involved in almost all activity—movement, speech, vision, and hearing. It is also the repository of our memories and personality. When a person suffers a traumatic brain injury, their life can be turned upside down, and they usually have sizable medical expenses.

At Fitzpatrick, Skemp & Butler, LLC, our legal team has worked with many brain injury victims who are struggling with brain injuries. Please reach out to our Wisconsin traumatic brain injury lawyers today. We can discuss whether you can seek compensation for the injury, as well as any deadlines that apply to your case. Our consultations are free and without risk.

Types of Brain Injuries

We can help anyone suffering from the following brain injuries:

  • Traumatic brain injuries. These are caused by an external force to the body or head. For example, a person might fall and strike their head on the table. The sudden blow can disrupt how the brain functions, causing trauma, and impairments which heal very slowly, and negatively affect a person’s daily living.
  • Anoxic/hypoxic brain injuries. The brain needs oxygen so that cells don’t die. Whenever oxygen or blood flow to the brain is disrupted, a person can suffer brain damage. Sadly, these injuries are often permanent.
  • Open brain injuries. An open injury penetrates the skull, often damaging brain tissue directly. These are serious, difficult injuries to treat.
  • Closed brain injuries. The skull remains in one piece. Nonetheless, closed injuries are also very serious. They are also harder to diagnose than open injuries because there is no external damage.

If you suffer an injury in Wisconsin, even if you don’t think you hurt your head, go to the hospital immediately after any accident. This is mainly because some brain injury symptoms will emerge slowly over the following days that might turn into a severe traumatic brain injury, if not dealt with at the earliest possible.

Why Brain Injuries Can be So Serious

Because of the brain’s importance, any injury to the brain can leave someone with serious impairments:

  • Physical disability. A person might be unable to walk, grasp objects with their hand, or stay upright. Traumatic brain injuries often require intense physical therapy.
  • Memory loss. Depending on the site of injury, a person can suffer from memory loss which might not improve.
  • Mood disorders/personality changes. A person can become more aggressive after a brain injury or retreat into silence. The risk of depression and schizophrenia increases after a traumatic brain injury.
  • Speech impairments. If the part of the brain involved in speech is injured, then a person can suffer impediments with speech. They might slur their words or completely lose the ability to form coherent sentences.
  • Blurred vision. Brain injuries make it harder for a person to see, which means they might be unable to drive or even walk around a store.

The most serious brain injuries can render someone completely unconscious for the remainder of their lives. They will need around-the-clock care in a nursing home or other long-term care facility.

Top Causes for Brain Injuries in Wisconsin

Brain injuries can result from various causes, such as falls, vehicle accidents, sports-related impacts, assaults, explosions, penetrating injuries, oxygen deprivation, toxic exposure, and shaken baby syndrome. Identifying the cause is crucial for determining responsibility and fair compensation for the victim. You can read more about it here.

Can You Sue for a Brain Injury in Wisconsin?

At Fitzpatrick, Skemp & Butler, LLC, we will review the facts of your accident to determine your legal rights. We can bring a legal claim for compensation if someone negligently or intentionally injured you.

We might file a claim against:

  • Negligent drivers for failing to use care. Examples include a driver distracted by a cellphone or someone who was speeding, tailgating, or driving recklessly and collides with you.
  • Property owners when a defect causes a brain injury. For example, a store might have left liquids on the floor, which you slipped on. Other examples include dangerous swimming pools where a person nearly drowns.
  • Businesses for failing to employ adequate security, leading to a violent attack. For example, a hotel or nightclub might fail to use security guards, cameras, or locks on the door. They are partially responsible for a crime when security is negligent.
  • Product manufacturers if a defective product contributed to your accident. A product might be defective in design or in the materials used. We can hold the manufacturer accountable in many cases.

The goal is to identify who is to blame for your accident. Please share with your legal team any memories of what happened, as well as photographs or video. We might also need to talk to witnesses to gain their perspective.

Defendants often blame the injured victim for an accident. Their goal is to reduce the compensation you can receive, or possibly get your case dismissed entirely. Our personal injury law firm is prepared for that tactic. We can counter by showing in detail who is responsible for the accident, that caused you or you loved one to become a traumatic brain injury victim.

How We Handle Brain Injury Claims in Wisconsin

Our goal as experienced brain injury attorneys is to maximize our clients’ financial compensation. Once we identify who is at fault, we can pull together a claim for the following damages:

  • Economic loss: Medical care, lost income, damage to your property, and any consequential economic loss flowing from the accident.
  • Non-economic loss: Physical pain, mental anguish, distress, anxiety, and loss of enjoyment of life.
  • Punitive damages: Wisconsin Statute § 895.043 authorizes punitive damages when a defendant acted maliciously or in disregard of our clients’ rights. These damages are meant to punish the defendant, and you can receive them in addition to the other damages above.

The value of your claim will depend on many considerations, such as your past and future medical expenses. A mild concussion might heal in a few months, but a major traumatic brain injury could leave a loved one in a nursing home for decades.

We know how to negotiate successful settlements. First, we understand what happened inside and out. That helps us prove the defendant is to blame. Second, we lean on decades of experience to value our client’s pain and suffering and similar non-economic losses.

Call Our Wisconsin Brain Injury Lawyers Today

Wisconsin is overflowing with lawyers who promise to obtain money for your traumatic brain injuries. But not every lawyer is prepared to represent you like Fitzpatrick, Skemp & Butler, LLC. Our Wisconsin brain injury attorney has worked closely with medical specialists to help us understand our client’s injuries, and we use this knowledge to obtain favorable settlements. Please call our experienced Wisconsin brain injury lawyer by phone at 608-200-3713 to schedule a free consultation today. We can discuss our services in greater detail and, if hired, begin working on your case immediately.