Brain Injury Lawyer Lansing MI

Traumatic brain injuries result from external force to the head and represent the most common type of brain injury we see in Lansing. These cases often stem from car accident injuries where the head strikes the steering wheel, window, or experiences whiplash forces that cause the brain to move violently inside the skull. We also handle TBI cases from workplace accidents where workers fall from heights, are struck by falling objects, or experience industrial accidents. The key to these cases is establishing that someone else’s negligence directly caused the traumatic event that led to your brain injury.

Many people dismiss concussions as minor injuries, but repeated concussions or even a single severe concussion can have lasting consequences. Athletes who suffer concussion injuries during school sports, workers who experience head trauma on the job, and accident victims who are told they “just have a concussion” may face chronic traumatic encephalopathy (CTE) or post-concussion syndrome years later. Michigan law allows you to seek compensation even for injuries initially classified as mild if they result in ongoing symptoms or complications.

Severe head trauma cases involve skull fractures, brain bleeding, or significant brain tissue damage requiring emergency surgery and extended hospitalization. Closed-head injuries occur when the brain is damaged without a visible wound or skull penetration, often making these injuries more difficult to diagnose initially. We can work with leading neurologists and rehabilitation specialists at Sparrow Hospital and McLaren Greater Lansing to document the full extent of these injuries and project lifetime care needs.

Children’s developing brains are particularly vulnerable to injury, and the long-term consequences may not become apparent until years later when developmental milestones are missed. Pediatric brain injuries can occur during birth due to medical malpractice, in car accidents where safety seats were improperly installed, from defective products, or through playground accidents at Lansing-area schools and parks. These cases require special attention to future damages since the child may need decades of ongoing care, therapy, and educational support.

Acquired brain injuries result from internal causes rather than external trauma. Common scenarios include medical malpractice cases where surgical errors, anesthesia mistakes, or medication errors deprive the brain of oxygen, near-drowning incidents at local pools or lakes, carbon monoxide poisoning from defective products or landlord negligence, and stroke caused by undiagnosed medical conditions. These cases often involve complex medical causation issues requiring expert testimony.

CTE develops from repeated brain trauma over time and has received increased attention due to high-profile cases involving professional athletes. However, CTE can affect anyone who experiences repeated head impacts, including amateur athletes, domestic violence survivors, and workers in certain industries. While CTE can only be definitively diagnosed after death, emerging research allows us to pursue claims based on symptoms consistent with CTE in living patients.

We begin with a thorough consultation where we listen to your story, review medical records, and assess the legal merits of your case. This meeting is completely free and confidential. We explain Michigan brain injury laws in plain language, discuss the realistic value of your claim, and outline the legal process ahead. You’ll leave with a clear understanding of your options and no obligation to hire us.

Once you hire us, we immediately begin building your case. This includes obtaining police reports and accident scene photos, securing surveillance footage before it’s deleted, interviewing witnesses, consulting with accident reconstruction experts, gathering all medical records and bills, and documenting how the injury has affected your daily life. In Lansing brain injury cases, we often work with local law enforcement records from the Lansing Police Department and Ingham County Sheriff’s Office.

Brain injury cases require extensive medical documentation. We coordinate with your treating physicians to ensure all injuries are properly documented and connect you with top neurologists, neuropsychologists, and rehabilitation specialists who can evaluate your condition and provide expert opinions. We also obtain life care plans that project your future medical needs and associated costs, which is critical for securing adequate compensation for lifetime care.

Before filing a lawsuit, we send a detailed demand letter to the at-fault party’s insurance company outlining liability, documenting all damages, and demanding appropriate compensation. Most brain injury cases settle during negotiations, and our experienced trial lawyers know how to leverage the threat of litigation to secure fair settlements. We never recommend accepting a settlement unless it fully compensates you for all past and future losses.

If negotiations fail, we file a lawsuit in the appropriate Michigan court, typically Ingham County Circuit Court for Lansing-area cases. We handle all aspects of litigation including discovery, depositions, expert witness preparation, motion practice, and trial preparation.

Most brain injury cases settle before trial, often during mediation or on the courthouse steps. However, if the insurance company refuses to offer fair compensation, we’re fully prepared to take your case to trial. We present compelling evidence, expert testimony, and emotional storytelling that helps judges and jurors understand the true impact of your brain injury.

These are quantifiable financial losses including all past and future medical expenses such as emergency treatment, hospitalization, surgery, rehabilitation, medications, medical equipment, and home modifications. You can also recover lost wages and diminished earning capacity if your injury prevents you from returning to your previous employment or limits your career options. Out-of-pocket expenses for transportation to medical appointments, home care services, and other injury-related costs are also compensable.

These address the intangible ways your brain injury has affected your life including physical pain and suffering, emotional distress and mental anguish, loss of enjoyment of life and inability to participate in activities you once loved, disfigurement or permanent disability, and loss of consortium for spouses whose relationships have been damaged by the injury. While more difficult to quantify, non-economic damages often represent the largest portion of a brain injury settlement.

If your brain injury resulted from a car accident, Michigan’s no-fault insurance system provides additional benefits regardless of who was at fault. These benefits include lifetime medical coverage for necessary treatment, replacement services for household tasks you can no longer perform, and attendant care for assistance with daily living activities. However, recent changes to Michigan no-fault laws have created options that may limit these benefits, making it crucial to have an attorney review your policy.

Even in car accident cases covered by no-fault insurance, you may have a separate claim against the at-fault driver for pain and suffering if you meet Michigan’s serious injury threshold. Brain injuries typically qualify as serious injuries under Michigan law. In non-auto cases like slip and fall accidents, workplace accidents, or medical malpractice, you can pursue full damages from the responsible party.

Michigan law generally gives you three years from the date of injury to file a brain injury lawsuit under MCL 600.5805. However, several exceptions can shorten or extend this deadline. For medical malpractice cases, you have two years from the date you discovered or should have discovered the injury. For claims against government entities, you must file a notice of intent to sue within six months. Missing these deadlines typically means losing your right to compensation forever, which is why contacting a Lansing brain injury lawyer quickly is essential.

Michigan follows a modified comparative negligence system under MCL 600.2959. This means you can still recover damages even if you were partially at fault for the accident, as long as you were less than 50 percent responsible. However, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $500,000 but found 20 percent at fault, you would receive $400,000. Insurance companies often try to inflate your share of blame to reduce their payout.

Michigan law caps non-economic damages in medical malpractice cases at approximately $500,000, with a higher cap for catastrophic injuries including severe brain damage. These caps are adjusted annually for inflation. However, no caps apply to brain injury cases arising from car accidents, premises liability, or product liability. Understanding which caps apply to your specific case requires careful legal analysis.

Recent changes to Michigan’s auto insurance laws allow drivers to choose reduced levels of medical coverage, which can significantly impact brain injury cases. If you selected limited PIP coverage and suffer a catastrophic brain injury, you may face coverage gaps that leave you responsible for substantial medical bills. An experienced attorney can help navigate these complex insurance issues and identify all available sources of compensation.

The more severe your brain injury and the more it affects your daily functioning, the higher your potential compensation. Mild concussions that resolve completely within weeks are valued differently than severe TBIs requiring lifelong care. Medical evidence documenting cognitive impairment, personality changes, physical limitations, and reduced life expectancy all increase case value.

Cases with clear liability, such as rear-end collisions or obvious premises hazards, typically settle for higher amounts than cases where fault is disputed. However, even in complex cases, thorough investigation can establish liability and maximize your recovery.

Well-documented injuries supported by objective testing like MRI scans, CT scans, neuropsychological evaluations, and expert medical opinions command higher settlements. Gaps in treatment or inconsistent medical records can undermine your claim, which is why following all treatment recommendations is crucial.

If your brain injury prevents you from returning to your career or limits your future earning potential, this significantly increases your claim value. We work with vocational experts and economists to calculate lifetime wage losses and diminished earning capacity.

Unfortunately, the at-fault party’s available insurance coverage can limit your recovery even in cases involving catastrophic injuries. In cases where policy limits are insufficient, we explore additional coverage sources including underinsured motorist coverage, umbrella policies, and assets of the responsible party.

Monument Legal handles brain injury cases on a contingency fee basis, meaning you pay no upfront costs or attorney fees. We only get paid if we successfully recover compensation for you, and our fee is a percentage of your settlement or verdict.

We also advance all case expenses including expert witness fees, court costs, and investigation expenses. If we don’t win your case, you owe us nothing. This arrangement allows anyone, regardless of financial resources, to access experienced legal representation.

Michigan law generally provides three years from the date of injury to file a brain injury lawsuit under MCL 600.5805. However, medical malpractice claims must be filed within two years, and claims against government entities require filing a notice of intent to sue within six months. If the brain injury victim is a minor, different deadlines may apply that can extend the time to file.

Discovery rule exceptions may apply if the injury was not immediately apparent. Missing these deadlines typically means losing your right to compensation forever, so contact a Lansing brain injury lawyer as soon as possible to protect your rights.

Brain injury case values vary dramatically based on injury severity, impact on your life, medical expenses, lost wages, degree of liability, and available insurance coverage.

Mild concussions may settle for tens of thousands of dollars to hundreds of thousands of dollars, while severe TBIs causing permanent disability often result in settlements or verdicts worth millions. Factors we evaluate include all current and future medical costs, lost earning capacity over your lifetime, pain and suffering, loss of life enjoyment, need for long-term care, and degree of permanent impairment.

Every case is unique, and the only way to determine your specific case value is through a detailed consultation with an experienced attorney who can review your medical records and circumstances.

Most brain injury cases in Michigan resolve within 12-18 months, though complex cases involving severe injuries or disputed liability may take two to three years.

The timeline depends on several factors including how long it takes to reach maximum medical improvement, whether the insurance company makes a reasonable settlement offer, court schedules if litigation becomes necessary, and complexity of liability and damages issues.

We never rush your case just to settle quickly; brain injuries require time to properly evaluate and document. That said, we work efficiently to resolve your case as quickly as possible while ensuring you receive full compensation.

While Michigan law does not require you to hire an attorney, brain injury cases involve complex medical evidence, substantial damages, aggressive insurance company tactics, and high stakes that make legal representation essential.

Statistics consistently show that represented brain injury victims recover significantly more compensation (often three to four times more) than those who handle claims themselves. Insurance adjusters are trained negotiators working to minimize payouts, and they know unrepresented victims typically accept inadequate settlements. You’re recovering from a serious injury while insurance companies deploy teams of lawyers and experts.

Leveling the playing field requires experienced legal representation that understands Michigan brain injury law and has the resources to fully develop your case.

Yes. Michigan follows a modified comparative negligence system under MCL 600.2959, meaning you can recover damages even if you were partially responsible for the accident as long as you were less than 50 percent at fault.

Your compensation will be reduced by your percentage of fault. For example, if you’re awarded $600,000 but found 25 percent at fault, you would receive $450,000. Insurance companies routinely attempt to inflate your share of blame to reduce their payout, making it essential to have an attorney who can effectively argue against exaggerated fault allegations and protect your interests.

Michigan law allows brain injury victims to recover economic damages including all past and future medical expenses, lost wages and diminished earning capacity, rehabilitation costs, home modifications and medical equipment, and attendant care services.

You can also recover non-economic damages for pain and suffering, emotional distress, loss of life enjoyment, disfigurement, and permanent disability. In car accident cases, Michigan no-fault insurance provides additional benefits including lifetime medical coverage and replacement services.

If your injury resulted from medical malpractice, non-economic damages are subject to caps, but no caps apply to auto, premises liability, or product liability cases. The specific damages available in your case depend on how your injury occurred and the extent of your losses.

Many brain injuries are “invisible” with no external signs, making documentation critical. We prove your brain injury through objective medical evidence including MRI and CT scans showing structural damage, neuropsychological testing documenting cognitive deficits, neurology examinations identifying functional impairments, and expert medical testimony explaining your condition.

We also gather testimony from family, friends, and co-workers describing personality changes and functional limitations, employment records showing job performance decline, and journals or documentation of symptoms and daily challenges.

At Monument Legal, we work with top neurologists and neuropsychologists who can thoroughly evaluate and document your injury, even when symptoms are not visible to others.

Most brain injury cases settle through negotiation without ever going to trial. However, we prepare every case as if it will go to trial, which gives us leverage during settlement negotiations.

If the insurance company refuses to make a fair settlement offer, we are fully prepared to take your case before a Michigan judge and jury. The litigation process involves filing a lawsuit, exchanging information through discovery, taking depositions of witnesses and parties, attending settlement conferences or mediation, and potentially proceeding to trial.

Your attorney will guide you through each step and prepare you thoroughly if testimony becomes necessary. Many cases settle even after a lawsuit is filed and during trial preparation.

First, seek immediate medical evaluation even if you feel fine. Some brain injury symptoms appear days or weeks later. Follow all treatment recommendations and attend all appointments to document your injuries.

Preserve evidence including photos of the accident scene and your injuries, contact information for any witnesses, police reports if applicable, and documentation of how the injury occurred. Report the incident to your insurance company but provide only basic information without discussing fault or giving recorded statements without attorney representation. Avoid posting on social media about the accident or your activities, as insurance companies monitor these profiles.

Most importantly, contact a Lansing brain injury lawyer quickly to protect your rights before evidence disappears and memories fade. We can guide you through the process and handle all communications with insurance companies while you focus on recovery.