A brain injury does not always look serious at first. You may walk away from a crash or a fall and only later notice headaches, memory gaps, trouble concentrating or changes in mood. For some people, those symptoms fade. For others, symptoms do not go away, and moderate to severe brain injuries can cause lifelong health problems.
If someone else’s negligence caused your brain injury, Wisconsin law generally gives you 3 years to file a claim (Wis. Stat. 893.54(1m)(a)). Our Milwaukee office handles brain injury cases from concussions to severe traumatic brain injuries, and we work on a contingency fee: you pay no attorney fee unless we recover money for you.
Wisconsin Law for Brain Injury Claims
A brain injury claim follows the general Wisconsin rules for injury cases.
Deadlines
Because brain injury symptoms can take time to show, it helps to talk with a lawyer early instead of waiting to see how you feel. If a brain injury is fatal, the family’s wrongful death claim generally has 3 years (Wis. Stat. 893.54(1m)(b)), but only 2 years when the death came from a motor vehicle accident (Wis. Stat. 893.54(2m)).
Brain injuries also happen to children. A child who was injured can usually file until 2 years after turning 18, or within the normal period if that is later (Wis. Stat. 893.16). That extension does not apply to claims against health care providers (Wis. Stat. 893.16(1)).
Comparative fault and more than one responsible party
Under comparative negligence, your compensation is reduced by your share of the fault, and you can recover only if your negligence is not greater than the negligence of the party you are claiming against (Wis. Stat. 895.045(1)). Your fault is compared separately against each party.
A party found 51 percent or more at fault can be required to pay the full damages, while a party under 51 percent pays only its own share (Wis. Stat. 895.045(1)).
Claims involving local government
If a city bus, county vehicle or other local government body is involved, written notice of the claim is generally due within 120 days of the event (Wis. Stat. 893.80(1d)(a)). Recovery against a local government body is generally capped at $50,000, or $250,000 when the claim comes from the negligent operation of a municipal motor vehicle, and punitive damages are not allowed (Wis. Stat. 893.80(3); 345.05(3)).
Helmets and brain injuries
Wisconsin requires motorcycle riders who are under 18 or who hold an instructional permit to wear protective headgear (Wis. Stat. 347.485(1)(a)). Adult riders with a regular license are not required by that statute to wear a helmet. If you were riding without one, talk with a lawyer before assuming you have no claim.
Brain Injuries at Work
When a brain injury happens on the job, workers’ compensation is generally the exclusive remedy against your employer (Wis. Stat. 102.03(2)). Wisconsin’s workers’ compensation law sets no statute of limitations for a work injury that causes any permanent brain injury (Wis. Stat. 102.17(4)(b)). You should still tell your employer right away, because notice is generally due within 30 days (Wis. Stat. 102.12).
A workplace brain injury may also support a separate claim against someone other than your employer, such as a negligent driver or the maker of defective equipment (Wis. Stat. 102.29(1)(a)). Our Milwaukee workers’ compensation lawyers can review both paths.
Common Causes of Brain Injuries
Vehicle crashes
The sudden stop of a crash can move the brain inside the skull even when the head never strikes anything. Motor vehicle crashes are the most common cause of traumatic brain injury in young adults. See our Milwaukee car accident lawyers for more on crash claims.
Caídas
Falls are the most common cause of traumatic brain injury in adults age 65 and older. Our Milwaukee slip and fall lawyers handle property injury claims.
Falling objects and workplace accidents
Being struck by an object, such as a falling tool or piece of material, is one of the common causes of a closed head injury.
Assaults and sports injuries
A blow to the head, including one from an assault, can cause a concussion, and repeated blows to the head can cause lasting problems such as memory loss.
Types of Brain Injuries and Compensation
Brain injuries range widely. A concussion is a type of mild traumatic brain injury, and it can take minutes to several months to heal. More serious brain injuries can involve bleeding, swelling or bruising of the brain, and they can affect how a person thinks, moves, communicates and acts. Low oxygen flow after an injury can cause further damage to the brain.
For serious trauma, Froedtert Memorial Lutheran Hospital in Milwaukee is listed as a Level I trauma hospital in the Wisconsin Department of Health Services State Trauma Plan. Children’s Wisconsin’s Milwaukee Hospital is listed in the same plan among the state’s pediatric trauma hospitals.
A brain injury claim seeks payment for the losses the injury caused. The records we gather often cover:
- Emergency care, imaging and hospital stays
- Neurology visits and neuropsychological testing
- Speech, occupational, physical and cognitive therapy
- Lost income and reduced ability to earn in the future
- Help at home and long-term care needs
- Changes in memory, mood and relationships
Wisconsin allows punitive damages when the defendant acted maliciously or in an intentional disregard of the injured person’s rights (Wis. Stat. 895.043(3)). The usual punitive damages cap does not apply when the defendant was driving while intoxicated to a degree that made safe driving impossible (Wis. Stat. 895.043(6)).
When a brain injury is fatal, damages for loss of society and companionship are capped at $350,000 for an adult and $500,000 for a minor (Wis. Stat. 895.04(4)).
What to Do After a Head Injury
- Get checked by a doctor, even if you feel fine at first
- Follow up with your primary care doctor or a neurologist if symptoms continue
- Ask a family member or friend to note changes in your memory, mood or behavior
- Keep a daily journal of headaches, sleep, focus and missed activities
- Save the helmet, bike or other gear involved, along with photos of the scene
- Report a work injury to your employer in writing as soon as you can
- Talk with a lawyer before signing a release or accepting a settlement
How 844-SEE-MIKE Helps After a Milwaukee Brain Injury
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Preguntas frecuentes
Can I have a claim for a concussion?
Yes, if someone else’s negligence caused it. A concussion is a type of traumatic brain injury, and post-concussion symptoms can last for weeks or longer.
What if my symptoms showed up days after the accident?
Some brain injury symptoms do not show up until a few days or weeks later. Get evaluated as soon as you notice them and tell the doctor how the injury happened, so your records connect the symptoms to the event.
How is a brain injury proven if my scans look normal?
Some brain injuries do not show up on a standard CT scan or MRI. Neuropsychological tests, which assess memory, concentration, information processing and problem solving, are often used along with imaging after a mild brain injury.
Should I accept an early settlement offer?
Be careful. The full effect of a brain injury may not be clear for months, so talk with a lawyer before you agree to anything or sign a release.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
To see the other cases our office handles, visit our Milwaukee personal injury lawyers page.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
