Cleveland Traumatic Brain Injury Lawyer | Call (216) 931-7000

A traumatic brain injury (TBI) is a disruption in normal brain function caused by an external force such as a blow, jolt, or penetration to the head.

These injuries range from mild traumatic brain injury (mild TBI) (commonly known as a concussion) to severe TBI, which can cause permanent changes to cognition, behavior, and physical function.

TBIs can affect brain tissue, blood vessels, or both, and often result in life-changing complications for the injured person and their loved ones.

Some TBIs occur when the head suddenly moves in one or more directions, causing the brain to strike the inside of the skull.

Others are the result of blunt trauma or open head injury, such as an object penetrating the skull and damaging brain structures.

In addition to trauma-related brain injuries, acquired brain injury may result from internal medical events like oxygen deprivation, stroke, or infection.

Whether caused by car accidents, medical malpractice, or other forms of negligence, the consequences can include permanent disability, emotional instability, and a lifetime of medical care.

TBIs can also occur alongside skull fracture or other orthopedic injuries that complicate diagnosis and recovery.

Common types of brain injuries include:

• Mild traumatic brain injury (mild TBI)
• Moderate traumatic brain injury
• Severe traumatic brain injury (severe TBI)
• Concussion
• Contusion (brain bruise)
• Penetrating/open head injury
• Diffuse axonal injury
• Coup-contrecoup injury
• Acquired brain injury (non-traumatic, such as from stroke or lack of oxygen)
• Skull fracture with associated brain damage

Brain injury survivors may experience cognitive defects, mobility issues, or emotional disturbances depending on the area of the brain affected.

These injuries are often invisible on the surface but devastating in function.

Many require intensive rehabilitation, repeated medical evaluations, and long-term care planning.

Early identification, proper classification, and immediate treatment are critical to improving outcomes.

Because the signs of a TBI may not be immediately obvious, it’s essential to seek medical care after any significant head injury, even if symptoms appear mild at first.

Common Causes of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) result from a sudden impact, jolt, or disruption of normal brain function, and can occur in a wide range of everyday and high-risk situations.

In TBI cases, the leading cause is often a slip and fall or a car accident, though less visible causes (like medical malpractice or near-drowning) can also cause severe damage.

These incidents may involve direct trauma to the skull, deprivation of oxygen to the brain, or negligence by medical professionals during critical procedures.

Ohio sees a high number of brain injury cases resulting from slip and falls, workplace accidents, and violent assaults.

Many injuries happen during recreational activities, where contact sports, cycling, and diving accidents are common culprits.

TBIs may also result from surgical errors, anesthesia mistakes, or failure to diagnose strokes or internal bleeding.

Identifying the source of the injury is essential for establishing liability and seeking appropriate compensation.

Frequent causes of TBIs include:

• Car accidents (including crashes involving pedestrians or cyclists)
• Slip and falls (particularly among older adults and workers)
• Medical malpractice (errors during surgery or diagnosis)
• Near-drowning incidents (leading to oxygen deprivation)
• Sports and recreational injuries (including concussions)
• Assaults and acts of violence
• Workplace accidents (especially in construction or industrial settings)
• Defective products (helmets, airbags, etc.)

No matter the cause, TBI survivors often face long-term complications that require ongoing care, rehabilitation, and support.

Understanding how and where the injury occurred helps attorneys build a strong case for compensation.

It also plays a key role in identifying negligent parties and determining what safeguards may have failed.

If someone else’s actions or inaction led to the trauma, you may be entitled to file a claim and hold them accountable.

Complications and Difficulties of Traumatic Brain Injuries

Traumatic brain injuries (TBIs) can cause profound and long-lasting disruptions to an individual’s physical, cognitive, and emotional functioning.

These injuries often extend far beyond what is visible on scans or at the accident scene, leading many survivors to suffer from invisible injuries that are no less debilitating.

Unlike broken bones or external wounds, TBIs may alter how a person thinks, feels, and behaves, affecting not only their quality of life but also their relationships, employment, and independence.

Some of the most common cognitive complications include memory loss, problem-solving difficulty, and shortened attention span, all of which can severely impair day-to-day functioning.

Many patients experience emotional regulation issues, irritability, anxiety, and emotional distress, sometimes for years following the injury.

Others develop long-term psychological conditions like depression or post-traumatic stress disorder, especially in cases involving medical malpractice, car accidents, or acts of violence.

Timely and consistent medical treatment is essential to managing symptoms, but even with expert care, recovery can be unpredictable.

Every TBI is different, and some symptoms may emerge or worsen over time, especially under physical or emotional stress.

Short- and long-term complications of traumatic brain injuries include:

• Cognitive difficulties such as shortened attention span and problem-solving difficulty
• Memory loss (short-term and long-term)
• Speech and language problems
• Loss of motor coordination or balance issues
• Seizures or post-traumatic epilepsy
• Chronic headaches or migraines
• Sleep disorders
• Anxiety, depression, or mood swings
• Sensory disturbances (vision, hearing, taste, or smell)
• Difficulty returning to work or school
• Social withdrawal or difficulty with interpersonal relationships
• Substance abuse or self-harming behaviors in severe cases

These complications can affect every facet of a person’s life and often place a heavy burden on caregivers and family members.

The longer symptoms go untreated, the more likely it is that they will cause permanent disability or life-long dependency.

A skilled attorney can help brain injury survivors pursue full compensation not just for medical bills, but also for ongoing rehabilitation, occupational therapy, and lost future income.

Recognizing the full extent of TBI-related complications is crucial when negotiating with insurance companies or presenting a case in court.

When a traumatic brain injury occurs due to someone else’s carelessness (such as in a car crash, surgical error, or unsafe premises) the injured party may have the right to pursue a legal claim.

These situations often fall under personal injury cases, where the goal is to seek financial recovery for medical bills, lost wages, and long-term consequences of the injury.

A successful claim requires a thorough investigation into how the injury happened, who may be at fault, and what damages were suffered as a result.

In brain injury cases, proving liability can be more complex than other personal injury claims, especially if symptoms are delayed or invisible.

This is why working with an experienced brain injury attorney is important.

The attorney will help establish a clear timeline, gather expert medical opinions, and assess the full impact of the injury.

Victims may be entitled to both economic and non-economic damages, including compensation for emotional distress, cognitive impairment, and loss of quality of life.

The process often starts with a free consultation, where legal professionals evaluate whether negligence can be proven and whether a lawsuit is appropriate.

From there, attorneys work closely with medical experts, investigators, and financial specialists to build a strong case.

Victims or their families can then file claims against the responsible parties, whether an individual, business, or institution.

Compensation can vary significantly depending on the severity of the injury and the strength of the evidence presented.

Gathering Evidence for a Traumatic Brain Injury Lawsuit

In traumatic brain injury (TBI) cases, strong evidence is critical to proving liability and the extent of damages.

A personal injury lawyer plays a vital role in collecting, organizing, and presenting this evidence in a way that supports your claim and maximizes potential compensation.

These professionals know how to preserve time-sensitive records, identify expert witnesses, and ensure no piece of evidence is overlooked.

Being fully prepared with proper documentation can make the difference between a denied claim and a successful verdict or settlement.

Evidence in a TBI lawsuit may include:

• Medical records and diagnostic imaging (CT scans, MRIs)
• Photographs of the accident scene and injuries
• Witness statements and sworn affidavits
• Expert testimony from neurologists or other medical professionals
• Police or incident reports
• Employment records showing lost wages or reduced earning capacity
• Surveillance or dashcam footage (if available)
• Proof of out-of-pocket expenses, including ongoing care
• Journals or daily logs documenting symptoms and recovery
• Statements from family members regarding changes in personality or cognition

Damages in Traumatic Brain Injury Lawsuits

When individuals suffer TBI due to someone else’s negligence, they may be entitled to compensation through various legal damages.

These damages are meant to reflect the financial, physical, and emotional toll caused by the injury.

In a lawsuit, damages fall into two main categories: economic and non-economic.

Economic damages cover measurable losses such as medical expenses and future care costs, while non-economic damages compensate for things like pain, emotional suffering, and reduced quality of life.

A personal injury lawyer plays a vital role in identifying every category of harm and advocating for full compensation.

Lawyers work with medical experts, economists, and life care planners to accurately project costs that may arise over a lifetime, particularly important in cases involving long-term or permanent impairments.

By building a case around these damages, attorneys can strengthen negotiations with insurance companies or present compelling arguments in court.

Their goal is to secure a settlement or verdict that fully reflects the severity of the brain injury and the long-term impact on the victim’s life.

Damages in a TBI lawsuit may include:

• Medical expenses (past and ongoing)
• Future care costs for rehabilitation, therapy, or home modifications
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress and psychological trauma
• Loss of enjoyment of life
• Loss of consortium (for family or partners)
• Out-of-pocket expenses related to care or travel
• Punitive damages (in cases of gross negligence or misconduct)

These damages not only provide financial support but also serve to hold negligent parties accountable.

Every case is unique, and the value of a claim depends on the evidence, diagnosis, and prognosis involved.

Working with a lawyer who understands the full scope of damages is essential to recovering the compensation needed for long-term stability and care.

The aftermath of a traumatic brain injury is often disorienting and overwhelming, for both survivors and their families.

Between managing medical treatment, adjusting to life-altering changes, and dealing with financial stress, the legal system can feel like too much to handle.

That’s where a personal injury lawyer can make a meaningful difference.

An experienced attorney takes the legal burden off your shoulders, advocating for your right to compensation while you focus on recovery and long-term care.

In Ohio, traumatic brain injury cases typically fall under general personal injury laws grounded in negligence.

According to the Ohio Revised Code § 2307.011, a party can be held liable when they breach a duty of care and directly cause harm.

Ohio also follows comparative fault rules (R.C. § 2315.33), meaning compensation may be reduced if the injured party shares some blame, but you can still recover damages if you are less than 51% at fault.

A lawyer builds a case around these laws using medical records, witness testimony, and expert evaluations.

While every case is unique, most follow a series of defined steps:

1. Initial Consultation and Case Evaluation: Your lawyer reviews your situation, medical history, and the incident that caused the brain injury to assess whether you have a viable claim.
2. Investigation and Evidence Collection: This involves gathering medical records, accident reports, witness statements, expert opinions, and documentation of expenses and damages.
3. Filing the Personal Injury Complaint: Your attorney files a formal lawsuit in civil court against the party or parties responsible for the injury.
4. Discovery Phase: Both sides exchange information, including depositions, medical evaluations, and interrogatories to build their respective cases.
5. Settlement Negotiations: Lawyers may negotiate with the defendant’s legal team or insurance company to reach a fair resolution without trial.
6. Trial (if necessary): If no settlement is reached, your case proceeds to trial, where evidence is presented, and a verdict is issued.
7. Appeal or Collection of Judgment: If you win, the court may order payment of damages. In some cases, appeals may follow, or your lawyer may take action to collect the award.

How Long Do You Have to File a Traumatic Brain Injury Case in Ohio?

In Ohio, you typically have two years from the date of the traumatic brain injury to file a personal injury lawsuit.

This deadline is based on Ohio Revised Code § 2305.10, which governs the statute of limitations for general personal injury claims.

However, in some cases, such as those involving medical malpractice, the timeline may be shortened to one year under Ohio Revised Code § 2305.113, depending on when the injury was discovered.

Because TBI symptoms can sometimes appear or worsen over time, it’s critical to consult a personal injury lawyer as soon as possible to determine which statute applies.

Missing the applicable deadline can result in losing your right to pursue compensation entirely.

At Piscitelli Law Firm, we understand the devastating toll a traumatic brain injury can take on your health, your livelihood, and your future.

As a brain injury law firm with decades of experience serving individuals and families across Cleveland and Cuyahoga County, our law office is committed to fighting for those affected by catastrophic, life-altering injuries caused by negligence.

You deserve to work with a team that treats your case with the seriousness and urgency it demands, helping you recover compensation that reflects the full scope of your losses.

If you or a loved one has suffered a traumatic brain injury, reach out to Piscitelli Law Firm for a free consultation.

We are ready to investigate, advocate, and pursue justice on your behalf.

Let us take the legal burden off your shoulders so you can focus on healing and rebuilding your life.