Traumatic brain injuries (TBIs) are common after a car crash. Victims who sustain even mild TBIs may face a lengthy recovery. More severe TBIs could result in additional significant long-term or even permanent damage.

At TSR Injury Law, we have a proven history of helping individuals dealing with TBIs and other injuries caused by someone else’s negligence. This blog looks at the legal aspects of a TBI, including when victims may be able to sue for medical costs and other damages.

If you suffer a TBI in a Minnesota collision, we encourage you call our Minneapolis car crash lawyers at TSR Injury Law to learn about your potential legal options.

Request a free consultation today. (612) TSR-TIME

What Is a Traumatic Brain Injury?

A Traumatic Brain Injury (TBI) is a serious head injury resulting in short or long-term damage to the brain.

Even mild car crashes can cause a TBI. However, a collision can also result in a more severe TBI. Victims may experience long-term or permanent complications as a result. Some TBIs can be fatal, especially if victims do not get immediate treatment.

During a crash, these are some of the common ways a TBI can occur:

• Hitting the steering wheel, dashboard, headrest, or windshield
• Back-and-forth movements that cause the brain to bang against the skull, which could cause both a TBI and a whiplash
• Objects striking or penetrating the skull

In car crash cases, even what seems like a minor collision could cause a TBI. This is just one reason immediate medical attention with ongoing treatment and monitoring are crucial for anyone who has experienced a head trauma.

Can I Sue for Damages If My TBI Was Caused by a Car Crash?

Maybe, but it is important to remember that Minnesota is a no-fault state. This means the first path for covering medical bills and wage loss is through your no-fault auto insurance coverage.

What Damages Does No-Fault Insurance Cover in Minnesota?

The coverage provided under your no-fault insurance depends on the amount of protection you purchased. Generally speaking, however, a basic no-fault policy will provide for:

• Medical Costs: Up to the limits of your policy ($20,000 is the minimum medical coverage)
• Lost Wages: Covers up to 85 percent of lost wages or $500 weekly maximum ($20,000 is the minimum wage coverage)
• Replacement Services: Up to $200/week for household tasks, lawn care, food shopping and more
• Funeral/Burial Costs: For fatal TBIs or other fatal injuries, Minnesota no-fault policies pay up to $2,000 in funeral expenses.

That said, no-fault insurance only covers certain types of damages. Additionally, TBI expenses often exceed the coverage provided under a no-fault claim.

What Damages in Minnesota Are Not Covered by No-Fault Insurance?

There are many costs that no-fault insurance does not cover. For instance, your no-fault policy will not cover:

• Damage to other people’s property
• Damage to your vehicle
• Pain and suffering damages, such as PTSD, disfigurement, anxiety and other damages

How Can I Pay for Non-Covered Losses After a TBI?

No-fault coverage is limited and may not cover all of your losses. If your injuries require more care than what your no-fault coverage provides you also have a claim against the at fault driver’s insurance for medical expenses and wage loss over and above what your no-fault insurance pays. Additionally, you can bring claims for past and future pain and suffering, as well as past medical and wage loss above what your no-fault insurance paid and future medical costs and wage loss if the evidence supports such a claim. To have a claim for pain and suffering, you must first be able to meet the criteria set my Minnesota’s tort threshold.

What Is Minnesota’s Tort Threshold?

The tort threshold in Minnesota is a set of specific qualifications you must meet before you have a claim for pain and suffering and other damages against the at-fault driver’s insurance. Under this threshold system, you must have experienced at least one of the following after your car crash:

• Medical costs that exceed $4,000 (not including diagnostic imaging)
• Suffered a permanent injury or permanent disfigurement
• Had a disability that lasts a minimum of 60 days or longer
• Death

Even for less severe TBIs, your medical costs for treatment may exceed the tort threshold.

How Do I Know If I Have a Traumatic Brain Injury?

You may experience several symptoms indicating a TBI. The symptoms of a TBI may appear immediately or develop over time.

Seeking medical attention right after a crash can help ensure even internal injuries, like a TBI, get diagnosed promptly.

Key symptoms to watch for, even after your initial medical examination, include:

• Headaches or migraines
• Confusion or disorientation
• Memory problems
• Difficulty concentrating
• Dizziness or balance issues
• Nausea or vomiting
• Blurred vision
• Sensitivity to light or sound
• Mood changes or irritability
• Sleep disturbances
• Slurred speech
• Loss of consciousness (even briefly)

What If Symptoms of a TBI Develop Days or Weeks After a Crash?

TBI symptoms may sometimes develop or become more noticeable in the days and weeks following a crash. Often it is the people we spend time with that will notice the symptoms first.

If this happens to you, there are some steps you should take and other steps you should avoid:

Do take these steps:

• Go back to the doctor and discuss your new symptoms.
• Make sure you tell the doctor about the crash that happened prior to that visit.
• Document all your symptoms as soon as you become aware of them, including how they are affecting your daily life.
• Call an attorney right away to discuss potential legal options

Do not do the following:

It is not a good idea to agree to a quick settlement offer from the insurance company. At this stage of your claim, the total amount of your damage cannot be known. It is important to first find out:

• The extent and severity of your TBI
• What treatment your doctor recommends
• Whether you can work or drive during your recovery
• How your TBI could affect you in the long term
• If your TBI symptoms are permanent

Contact TSR Injury Law Today

Recovering from a traumatic brain injury can be a long and challenging journey, but it is not one you need to face alone.

TSR Injury Law understands the complexities of TBIs, and we also know how to accurately calculate the full value of your claim to make sure you recover the maximum possible compensation for your damages.

Call today for your free consultation. If you have a case and we represent you, there are no upfront costs or fees to pay.

TSR Injury Law. We get you results. (612) TSR-TIME