Brain Injury Attorney

Every year over 80,000 people will experience the onset of long-term disabilities related to TBIs

The Big Traumatic Brain Injury Myth

The most damaging traumatic brain injury myth is that a ‘mild’ traumatic brain injury is not a serious medical condition. Unfortunately, when we classify brain injuries as ‘mild’ it suggests the injury is of little consequence. This fact has been recognized by Nathan Zasler, MD, in his book on Medical Rehabilitation of Traumatic Brain Injury.

He said in his work that using modifiers such as minimal, minor, and subtle should be discouraged in describing brain injuries. Practitioners should understand that the term ‘mild’ only describes the first injury to the brain in terms of neurological severity. There could be no correlation between the degree of short- or long-term functional disability or impairment.

Also, the NIH released a consensus statement on the rehab of people with TBIs. The report said that as TBI can lead to long term impairment of a person’s functioning physically, mentally and socially, TBI is a serious disorder of public health significance. It also is often under-diagnosed, and the societal burden is often greater than understood.

The American Congress of Rehabilitation Medicine recently was asked what a mild traumatic brain injury is. They came up with a definition of a mild TBI as a mild traumatically induced physiological disruption of brain function that has at least one of the following:

  • Feeling dazed, disoriented, or confused after the accident.
  • TBI can cause symptoms such as cognitive deficits, physical symptoms and changes in behavior.
  • Can include nausea, vomiting, dizziness, headache, blurred vision and fatigue
  • Cognitive issues can include issues with attention, concentration, perception, memory, speech, and language and executive functions
  • Behavioral changes can include quickness to anger, irritability, emotional ability and disinhibition.

As TBI attorneys in Portland, we also want to point out that you can suffer a TBI without a traumatic blow to the head. Remember that the brain is akin to soft gelatin in a bowl. The bowl is your skull, but the underside of the skull is rough and has many bony protuberances. The ridges in the skull can cause damage to the temporal lobe of your brain in a car accident when the front of the brain smashes into the front of the skull. When there is rapid deceleration, the brain can slam into the back of the skull. Damage can occur on both sides. This type of mild traumatic brain injury can cause substantial damage to the neurons in the brain.

DID YOU KNOW: You also do not have to go unconscious to sustain a TBI. You can suffer a brain injury in a car accident and not lose consciousness.

If you think that you have suffered a TBI in a car accident, you should be reviewed by a medical professional as soon as possible. TBIs are not obvious as a broken arm or rib, so it is vital to get an expert medical opinion about your condition as soon as possible after your injury. Then, talk to a Portland personal injury attorney about legal steps.

What You Should Know If You Suffer a Traumatic Brain Injury in a Car Accident

If you sustained a brain injury in a car accident, there are several vital things you need to do. To increase the chances of a good recovery and a successful lawsuit, please remember to do the following:

#1 Follow the Advice of Your Doctor

Your doctor is going to instruct you on how to recover from your brain injury. Get all the follow-up care she recommends, complete all medical tests she orders, go to your therapy appointments, etc. If your doctor says to take time off work, do it.

Why? Taking a break from work will make you get better. You want to give your body every possible opportunity to recover from your brain injury. The other reason is that when you make a claim for your brain injury, the insurance company will go over your medical records with a fine-toothed comb. They will look for any hint that you did not follow your doctor’s orders.

#2 See the Right Doctor

There are many types of specialists in brain injury cases that you could be referred to. These often are a neurologist and a neuropsychologist. A neurologist is a specialist in brain medicine and injury. He is the go-to doctor to determine the type of brain injury you suffered and the treatment you should get.

If you continue to have symptoms, the neuropsychologist is the doctor that your neurologist will send you to for a neuropsychological evaluation. This is a day-long series of tests where they test your cognitive abilities. From the results, your neuropsychologist can tell your neurologist whether or not the test results indicate a person with a brain injury. After this, the neurologist will possess more evidence that you do have a  brain injury.

#3 Be Honest With Your Doctors

If you have any preexisting conditions that you suffered before your accident, it is best to tell them about it. If there are any omissions in your medical history, the insurance company will investigate and figure out what they are. They will say you misled your doctors and they did not give you the proper treatments. The more information you give your doctors, the more likely they will be able to help you. Remember that your recovery is the most important thing. Even if you do everything in your power to follow your doctor’s orders, you may not recover anything in a personal injury claim. Your health is the most important thing.

#4 Find Brain Injury Support Groups

There are other people out there who have suffered brain injuries, and there are family members going through the same things you are. Support groups help you to talk to people going through what you are. These groups also are a good source of information.

Please, make sure to follow all of the above recommendations so that your recovery from your brain injury is the best possible. If you have questions about filing a claim for your brain injury, please talk to The Herron Law Firm today.


Types of Brain Injuries

If you or a loved one has suffered a traumatic brain injury, you could be entitled to compensation if the accident was caused by someone else. Common reasons for brain injuries in the US that can be the basis for a personal injury lawsuit are:

  • Car, truck and motorcycle accidents: In a personal injury lawsuit, the defendant normally is the one who did not drive his vehicle responsibly. Motor vehicle accidents are the most common cause of brain injury hospitalizations for people from 15 to 44.
  • Medical malpractice and birth injury: This occurs when a doctor or health care practitioner deviates from the standard of care expected in the medical community.
  • On the job accidents: If a worker suffers a brain injury on the job, they might be able to recover compensation through workers’ comp.
  • Nursing home falls: TBIs are the most common cause of death for people over 75.  

Four Types of Brain Injuries

  • Anoxic brain injury: This is an injury to the brain from lack of oxygen. Hypoxia is the term that describes a low level of oxygen. Brain cells that do not get enough oxygen die after four minutes. Being deprived of oxygen to the brain after any type of accident can cause a serious brain injury or even death. Anoxic brain injuries can occur during surgeries, birth and automobile accidents.
  • Contusion: A contusion is a localized injury that is similar to the bruise you get when you strike your shin. A contusion on the brain can be minor or life threatening depending on the circumstances. Blood must clot to stop the bleeding, so a clot can result in cardiovascular or brain risks.
  • Concussion: This is a wide-reaching injury that causes broader brain trauma. It is similar to a sprain or broken bone that is not microscopic ad affects more of the brain tissue. Concussions are caused by a blow to the head in a fall or car accident in most cases. It is possible to have a concussion and be unaware of it. A concussion can be a serious condition that can affect you for weeks, months, years or permanently. If you were in an accident and think you had a concussion, you should be evaluated by a medical professional right away.
  • Infection: An infection can happen in the brain just as in other body parts. A cerebral infection can cause brain swelling, which causes pressure.

A major type of brain injury that is a huge concern is where they happen in children. Brain injuries can occur in children because they fall easily, are more susceptible to infection and can have problems during the birth process.

Newborns also can get brain damage from jaundice when they are born. If the doctor allows the levels of bilirubin to build up too much in the blood, brain damage can result.

If you or a loved one has suffered any of these types of accidents, you could be entitled to financial recovery in a brain injury personal injury lawsuit.

Common Questions About Traumatic Brain Injury Cases

Traumatic brain injuries can cause serious memory, movement, and cognitive problems. But some TBIs are relatively mild and do not show up on a CT scan or MRI. Below are some common questions our TBI attorneys in Portland hear often. If you wonder if you can file a traumatic brain injury lawsuit and receive compensation, please speak to The Herron Law Firm today.

1. I suffered a traumatic brain injury while playing sports. Can I file a claim?

It is possible an athletic injury could be the grounds for a traumatic brain injury lawsuit. There is more awareness of concussions in sports, which has made it more common for people to file lawsuits for traumatic brain injuries. Sports leagues, coaches, and administrators should take every possible step to protect athletes from traumatic brain injuries. The Herron Law Firm can review your case details and determine if there are grounds for a lawsuit against coaches, schools or athletic leagues in your situation.

2. I sustained a brain injury in a car accident. Can I file a TBI lawsuit against the other driver?

Many car crash victims have whiplash-style injuries in car accidents where the brain hits the inside of the skull. This can lead to damage. Our attorneys can review the car accident, the police report and your medical information to determine if there could be a possible TBI lawsuit. Much depends on whether the other driver was at fault for the accident.

3. I used a defective product that could have caused my TBI. Can I file a lawsuit against the product’s manufacturer?

If you used the device properly and for its intended purpose and it injured you, you may be able to file a defective product lawsuit. 

4. What should I do if an insurance company offers me money to not file a TBI lawsuit?

First of all, do not talk to any insurance company for the other party. You should never accept an offer from an insurance company without talking to a TBI lawsuit attorney. The insurance company will probably offer you pennies on the dollar, knowing that if you agree, you forgo any possibility of filing suit later.

5. What are some of the expenses I can recover in a traumatic brain injury lawsuit?

Recovering from a traumatic brain injury can be very expensive and take months or years. You may be eligible in Portland, Oregon to be compensated for these expenses:

  • ER visit fees
  • Doctors’ office visits
  • Physical therapy
  • Lost earnings
  • Prescription drugs
  • Assistive devices
  • Mental health counseling


6. How can I afford to talk to a TBI attorney? My recovery is very expensive.

The Herron Law Firm always offers free consultations with our traumatic brain injury attorneys. Our firm only receives compensation if we are successful in winning your case inside or outside of court. Most clients never pay a dime out of pocket for our legal services.

7. How Much Is an Oregon Traumatic Brain Injury Lawsuit Worth

A traumatic brain injury is a severe brain injury caused by physical trauma to the skull, most often due to a car accident. This type of severe injury affects the victim’s physiological function in a major way. Their motor and cognitive skills are impaired as well as speech and communication skills. A TBI can cause serious mental and behavioral changes that could result in permanent brain and nerve damage. Because of the long-term health consequences of traumatic brain injuries, it is not surprising that the value of a TBI lawsuit can be hundreds of thousands or millions of dollars.

Quantifying Damages in an Oregon TBI Case

Damages in an Oregon traumatic brain injury lawsuit fall into the categories of economic, non-economic, compensatory, and punitive damages.

There are several factors to consider determining the severity of a TBI claim:

  • Special damages that include future and current medical costs, lost earnings and impaired future earning capacity, and partial or total disability that results from the brain injury.
  • The severity of the injury and the extent to which it affects your physical, cognitive, and emotional wellbeing.
  • Your age, occupation, and past medical history.
  • General damages include pain and suffering, humiliation, loss of reputation, anguish, and loss of consortium.
  • Liability of the other party, if proven, can lead to a larger settlement.


There are many expenses to consider in a traumatic brain injury case: fees for medical bills, records, statements of expert medical witnesses, court fees, deposing witnesses, etc. Add these to the cost of the Portland, Oregon TBI attorney, and you will learn that a $100,000 or $200,000 settlement is not enough because you receive only part of that money.

The worst thing to do in a TBI case is to hire an inexperienced attorney who settles for far less than you deserve. A person with a serious brain injury is going to need months or years of medical care and rehabilitation, so it is critical to ensure you get the compensation the Oregon law allowes you.

That is why you should hire an experienced brain injury attorney who understands TBI lawsuits well. Your attorney should know that not all symptoms of brain injury are obvious. Sometimes, conclusive results only show up later, and even a minor accident can cause a concussion that affects verbal and physical action. Also, what might seem to you or family as lack of focus, depression or mood swings could be signs of a brain injury.

An experienced TBI attorney in Oregon would tell you to see a neuropsychiatrist and have a full batch of tests. The cost of these can be thousands of dollars but could be necessary to be certain you get the money you deserve for your injuries.

Call Brain Injury Attorney Bart Herron At The Herron Law Firm Today at 503-699-6496

Did you or a loved one suffer a traumatic brain injury? You need to talk to The Herron Law Firm today for FREE. so that you get as much money for your brain injury as possible. CALL or TEXT 503-367-0829 us today.

Why Hire a Brain Injury Attorney for Traumatic Brain Injury Claim

Insurance companies often try to avoid or minimize paying TBI victims what they supposed to.  

But you have a right to a brain injury personal injury attorney to help to fight the insurance industry. The Herron Law Firm in Portland handles complicated traumatic brain injury claims for our clients regularly.

Here are some reasons why you need to hire a TBI attorney if you have suffered a brain injury:

#1 Mild Brain Injuries May Not Be Minor

When a doctor categorizes a brain injury, he looks for signs of a life-threatening injury. But this assessment may not cover the impact on your daily functioning. Doctors may just be thinking about whether you need surgery or other major procedures, instead of the ‘minor’ aspects of your brain injury – constant headaches, ringing in the ears, personality changes.

Much of the injury in a ‘minor’ brain injury may be at the microscopic level and be difficult for doctors to see on MRIs and CT scans.

Our attorneys understand how insurance companies try to minimize minor brain injuries and we will fight for getting you the compensation you require.

#2 After a Brain Injury, Your Damages Can Be Hard to Quantify

How can you calculate the value of a defective memory or a reduced attention span? A good TBI attorney can translate these damages into concrete dollar amounts.

All brain injuries are different, so you cannot just use an online personal injury calculator to estimate what the claim is worth. Your skilled TBI attorney will assess your case and be able to come up with an accurate figure for your damages.

#3 Most TBI Claims Require Much Medical Knowledge and Expert Testimony

Hiring the right medical expert can completely change the outcome of a claim. At The Herron Law Firm, we have access to highly respected medical experts who can testify about how your brain injury is affecting your life and what that is worth monetarily.

#4 Insurance Companies Will Take Advantage of Unrepresented TBI Victims

It is very rare that an insurance company will offer a fair settlement to a brain injury victim who is not represented by an attorney. Remember – insurance adjusters and the companies they work for are there to make money for their shareholders. The adjuster’s job is to pay you as little as possible. Without a brain injury attorney on your side, they will go through your case carefully and look for any reason to reduce the pay or deny the claim completely.

If you already have a TBI settlement offer from the insurance company, be certain to run it by The Herron Law Firm (text or call NOW at 503-367-0829) before you do anything else. We will tell you if you are being taken advantage of or treated unfairly. 

DID YOU KNOW: Once the insurance company knows you are being represented by a serious brain injury attorney, their case attitude may change drastically.

Remember to contact The Herron Law Firm right away if you have a TBI, concussion, or other brain injuries we talked about. We can review your case at no charge and tell you the best path forward.


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