Whether it’s a serious car accident, a slip and fall, or another unexpected event, suffering a traumatic brain injury (TBI) can be life-changing. Medical bills pile up, the physical and emotional toll weighs heavily, and you may even feel uncertain about your future. If you or someone you love has suffered a TBI in Mississippi due to someone else’s negligence, the experienced team at Richard Schwartz & Associates can help.
We understand the challenges you’re facing. Recovering from a TBI isn’t just about healing; it’s about ensuring you get the justice and compensation you deserve. Our Jackson traumatic brain injury lawyer is here to guide you through the legal process with compassionate support and trusted legal advice.
Choosing the right could make a significant difference in the outcome of your case. Reach out today for a free consultation to discuss your case and legal options.
Why Choose Richard Schwartz & Associates for Your Jackson Traumatic Brain Injury Claim
If you’re searching for a law firm that’s truly dedicated to protecting your rights and fighting for your recovery, Richard Schwartz & Associates is the team you can trust. With over 40 years of experience, we’ve earned a reputation for relentlessly advocating for our clients while treating each case with care and compassion.
Here’s why so many TBI victims in Mississippi choose us to represent them:
- Proven Results. We’ve recovered over $1 billion for our clients. When you choose us, you’re gaining a team that knows exactly how to maximize the value of your case.
- Deep Knowledge of TBI Cases. Traumatic brain injuries are complex, and our team understands the unique challenges they present. We’ll handle all the legal details while you focus on healing.
- Compassionate Representation. We know the aftermath of a TBI is physically and emotionally draining. Our team will provide the care and support you need during this difficult time.
- Access to Leading Experts. From medical professionals to accident reconstruction specialists, we work with top experts to build the strongest case possible.
- 24/7 Availability. You can reach out to us whenever you need us. We’re here to answer your questions and provide guidance, day or night.
- Free Case Evaluations. We believe you deserve to know all your options before making a decision. That’s why we offer a no-pressure, free initial consultation.
Your recovery isn’t just a legal case to us. It’s personal. You deserve an advocate who genuinely cares about your well-being and will fight tirelessly for the compensation and justice you need to move forward.
Understanding Traumatic Brain Injuries
A traumatic brain injury can occur when an external force disrupts the normal function of the brain. TBIs can range from mild concussions to severe injuries that result in long-term disabilities. No matter the severity, the effects of a TBI can ripple through every part of your life.
Common symptoms of a traumatic brain injury include:
- Dizziness or loss of balance
- Confusion or memory problems
- Severe headaches
- Difficulty concentrating
- Changes in mood or behavior
- Sensitivity to light or sound
While some people recover quickly from mild TBIs, others experience lingering effects that require extensive medical care and rehabilitation. For victims of moderate or severe TBIs, the road to recovery can take months or years, often with significant and permanent changes to their quality of life.
If you’ve experienced a TBI, it’s essential to seek medical attention as soon as possible, even if you feel okay immediately following the incident. Early diagnosis and treatment can make a major difference in the long run.
What Causes TBIs?
Traumatic brain injuries are often the result of sudden, forceful blows or jolts to the head or body. While accidents can happen anywhere, certain scenarios are more likely to lead to TBIs. Here are some of the most common causes:
- Car Accidents. Collisions are a leading cause of TBIs in Jackson and across Mississippi. The sudden impact of a crash can cause the brain to hit the inside of the skull, leading to serious injuries.
- Falls. Slips, trips, and falls, particularly from heights, can result in a forceful impact on the head. Falls are especially common in workplaces, at home, or in nursing facilities.
- Sports Injuries. High-contact sports like football or soccer often lead to head injuries, including concussions.
- Workplace Accidents. Construction sites and industrial workplaces are particularly dangerous, with falling objects or machinery accidents being a primary cause of TBIs.
- Physical Assaults. Unfortunately, acts of violence such as being struck during an assault also lead to many traumatic brain injuries each year.
No two TBI cases are exactly alike. The circumstances surrounding your injury provide essential details about the cause and whether negligence played a role. Determining the root cause is the first step toward building a strong claim. If you’re unsure of where to start, don’t worry. Our experienced attorneys are here to investigate your case, identify responsible parties, and help you pursue justice.
What Makes a Traumatic Brain Injury Case?
If you’ve sustained a traumatic brain injury due to someone else’s actions or negligence, you may be entitled to compensation. But what exactly does that mean? Most personal injury claims, including cases involving TBIs, are rooted in a concept called negligence. Negligence occurs when someone fails to act with the level of care expected in a given situation, resulting in harm to another person.
To prove negligence in your traumatic brain injury case, your attorney will need to establish these four critical elements:
- Duty of Care. The at-fault party must have owed you a duty to act (or not act) in a way that would prevent harm. For instance, drivers have a responsibility to obey traffic laws and operate their vehicles safely. Property owners are required to maintain their premises to prevent injuries like slips or falls.
- Breach of Duty. It must be shown that the at-fault party failed to meet this duty of care, either through their actions or inactions. For example, a driver speeding or texting behind the wheel, or a store failing to clean up a spill promptly.
- Causation. The breach of duty must be the direct cause of your injuries. This connection can sometimes be complex, but it’s essential for building a strong case.
- Damages. Finally, your injury must have resulted in compensable losses, such as medical bills, lost wages, or pain and suffering.
Traumatic brain injury cases can be particularly challenging because the symptoms aren’t always immediately visible. An experienced lawyer can gather the necessary evidence, consult with experts, and demonstrate how the other party’s negligence caused your injury. At Richard Schwartz & Associates, we’re skilled at navigating the complexities of negligence law so you can get the support you need to move forward.
Should I Take the First Settlement Offer from the Insurance Company?
When you file a claim after a traumatic brain injury, the insurance company may reach out with a settlement offer early on. While it might be tempting to accept, especially if you’re struggling to pay medical bills, it’s essential to approach these offers with caution.
Insurance companies are for-profit businesses, and their goal is to minimize payouts. The initial settlement they offer may not come close to covering the full extent of your expenses, especially if your TBI leads to long-term or permanent effects. They often use tactics like:
- Downplaying Your Injuries. Insurance adjusters might argue that your TBI isn’t as severe as you claim or blame pre-existing conditions for your symptoms.
- Rushing the Process. They may pressure you to accept a low offer quickly, hoping you’ll agree before you fully understand the extent of your damages.
- Misleading Language. Settlement agreements can include tricky legal terms that waive your right to pursue additional compensation later.
This is why consulting with an experienced lawyer before accepting any settlement is crucial. At Richard Schwartz & Associates, we’ll review the offer, calculate the true value of your claim, and negotiate with the insurance company to ensure you’re not shortchanged. Our team will fight to get you every dollar you need to recover and rebuild your life.
Compensation Available to Jackson, Mississippi Traumatic Brain Injury Victims
A traumatic brain injury can lead to overwhelming physical, emotional, and financial challenges. If your injury was caused by another party’s negligence, you may be entitled to compensation that reflects the true cost of your suffering. Here are the types of damages that are typically available in TBI cases:
- Medical Expenses. This includes emergency care, hospital stays, surgeries, medications, ongoing therapy, and assistive devices like wheelchairs or communication tools.
- Lost Income. If your injury prevents you from working, either temporarily or permanently, you could be compensated for the income you’ve lost during your recovery.
- Future Earning Capacity. TBIs often result in long-term impairments that affect your ability to earn at the same level as before. This loss of future income can be part of your claim.
- Pain and Suffering. This category reflects the emotional and physical trauma of living with a TBI, such as chronic pain, mood changes, or reduced quality of life.
- Rehabilitation and Caregiving Costs. If your injury requires ongoing support, whether through physical rehabilitation or personal caregiving, these costs should be included in your compensation.
- Property Damage. If your TBI occurred in a car accident or similar incident, you may also be reimbursed for property repairs or replacement.
Every case is unique, and the compensation you deserve will depend on your specific circumstances. Our team will carefully evaluate every aspect of your situation and fight tirelessly to ensure your losses are fully accounted for.
Jackson TBI Claims FAQs
If you’re dealing with a traumatic brain injury and have questions about your rights and next steps, our FAQs are here to help provide clarity and peace of mind.
How much does a personal injury attorney cost?
At Richard Schwartz & Associates, we work on a contingency fee basis. This means there are no upfront costs for our legal services. You only pay us attorney’s fees if we recover compensation in your case. Our fee is a percentage of the compensation we recover on your behalf.
What if I’m partly to blame for the accident?
Mississippi follows a “pure comparative negligence” rule. This means you can still recover compensation even if you’re partially at fault for the accident. However, your settlement may be reduced by your percentage of fault. For instance, if you’re found 20% responsible, your compensation will be reduced by 20%.
What is the statute of limitations for traumatic brain injury lawsuits in Mississippi?
Mississippi law generally gives you three years from the date of the injury to file a personal injury lawsuit. However, some exceptions could affect this timeline, such as if the injury involves a government entity. It’s best to consult with an attorney as soon as possible to avoid missing important deadlines.
Can I file a lawsuit on behalf of a family member with a TBI?
If your loved one’s traumatic brain injury has left them unable to advocate for themselves, you may be able to file a claim on their behalf. Speak with our team to understand your options and the steps involved.
How long will my TBI case take?
The timeline for resolving a traumatic brain injury case varies depending on the complexity of the situation. While some claims settle within a few months, others may take a year or more, especially if litigation is required. We’re committed to keeping you informed and guiding you through every stage of the process.
Contact Our Skilled Jackson Traumatic Brain Injury Lawyers Today
Facing the challenges of a traumatic brain injury can feel overwhelming. At Richard Schwartz & Associates, we’re here to provide compassionate, skilled representation throughout your legal journey. Here’s how we can help:
- Investigate Your Case. We gather the evidence needed to hold negligent parties accountable and build a strong claim.
- Negotiate with Insurance Companies. Our team knows the tactics insurers use and will advocate on your behalf to secure maximum compensation.
- Provide Trusted Legal Support. From filing paperwork to court representation, we’ll handle the legal complexities so you can focus on healing.
Don’t wait to take action. Contact Richard Schwartz & Associates today at (601) 800-5559 or through our online form for a free consultation. Our knowledgeable and compassionate traumatic brain injury lawyers will fight for the compensation you deserve. Call us anytime, 24/7, to start your path toward justice and recovery.