If you’re living with a traumatic brain injury after an accident in Birmingham, you already understand the toll it can take on your health, your job, and even your family. What may be less clear is how the injury will impact your future and what you need to do to ensure you have the financial resources to support yourself and your family as you recover.
Many brain injuries are caused by someone else’s negligence, and if that’s true in your case, you may be able to file a personal injury claim. In this article, we’ll cover some of the most common ways TBIs happen, the real costs people face after these injuries, and the key things to consider when filing a brain injury lawsuit in Alabama.
If you’re unsure where to start or want an idea of what your claim might be worth, the team at Nomberg Law Firm is here to help. Contact our experienced Birmingham personal injury attorneys for a free consultation to get clear answers and a trusted legal partner by your side.
What qualifies as a traumatic brain injury?
A traumatic brain injury (TBI) refers to brain damage that occurs when the head is injured by an outside force—such as a blow to the head—rather than an internal medical issue like a stroke or tumor. It can range from mild (like a concussion) to severe (like a skull fracture).
TBIs are typically categorized into two main types: closed and penetrating.
- A closed TBI happens when there’s a blow or jolt to the head that causes the brain to move within the skull, but the skull itself remains intact. These are most common in car accidents, motorcycle crashes, slip and fall accidents, and accidents with trucks. Concussions, brain contusions, brain bleeds, and diffuse axonal injuries (damage to the connecting fibers in the brain) fall under this category.
- A penetrating TBI, on the other hand, occurs when an object pierces the skull and damages brain tissue. This type of injury is more severe and often results from gunshots, shrapnel, or sharp objects involved in violent incidents or assaults.
Both types can lead to serious and lasting complications, even if the injury doesn’t seem severe at first. This is especially true in children and older adults.
Is brain injury a permanent disability?
A brain injury can be a permanent disability—but this isn’t always the case. While some mild traumatic brain injuries fully heal over time with proper care, even a “mild” TBI has the potential to cause long-term effects, particularly if left untreated or if the person has other health conditions.
For certain groups, the risk of permanent complications is much higher. Older adults, for example, are more vulnerable—especially after a fall or car accident, and even more so if they take blood thinners.
Children are also at greater risk. Because their brains are still developing, a TBI at any level of severity can disrupt learning, development, and social skills, with effects that may last into adulthood.
If you or a loved one suffered a brain injury after an accident, it’s important to take it seriously—whether it seems minor or not. Early treatment and medical care can make a huge difference in long-term outcomes.
Every day, nearly 200 people in the U.S. die from traumatic brain injuries. In 2021 alone, more than 69,000 TBI-related deaths were reported, according to the Centers for Disease Control and Prevention (CDC). Surprisingly, nearly half of the hospitalizations linked to TBIs were caused by simple falls.
What is the average cost of a TBI?
- The cost of a traumatic brain injury (TBI) can be staggering—especially when ongoing care and lost income are factored in. These are the average costs for TBIs according to data from the CDC:
- Nonfatal TBIs. A nonfatal TBI for a patient who’s treated in the emergency room and sent home can cost around $4,500 in medical expenses and $1,500 in lost wages over the course of a year. If the injury is serious enough to require hospitalization, those numbers climb dramatically to about $51,000 in medical costs and over $6,100 in lost work time.
- Fatal TBIs. For fatal brain injuries, the average ER cost is $5,000, and the average hospital cost is nearly $48,000 per patient.
In total, the CDC estimates that TBIs cost the U.S. over $40 billion annually, with a large portion of that burden falling on private insurers, Medicare, and Medicaid.
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How much can I get for a brain injury?
There’s no one-size-fits-all number when it comes to brain injury compensation in Alabama. Every case is different, and your total compensation depends on the severity of your injury, how it affects your daily life, and the long-term financial impact on you and your family.
That said, brain injury settlements and verdicts often include compensation for:
- Medical bills (past and future)
- Rehabilitation and therapy
- Lost wages and future earning capacity
- Pain and suffering
- Loss of quality of life
- Loss of consortium (loss of companionship, affection, or support from a spouse)
- Permanent disability or impairment
- Emotional distress
In some cases, punitive damages may also be awarded if the at-fault party’s actions were especially reckless.
Because traumatic brain injuries can lead to long-term complications or even wrongful death that can impact your family’s financial security for years to come, it’s critical not to rush into a settlement.
Insurance companies often offer quick payouts that fall far short of what you’ll actually need. An experienced brain injury attorney in Alabama can help you assess the full value of your claim, including long-term medical needs and loss of future income, before you accept any offer.
How does Alabama’s negligence law impact compensation after a brain injury?
Alabama follows a pure contributory negligence rule—one of the strictest negligence laws in the country. Under this rule, if you’re found to be even 1% at fault for the accident that caused your brain injury, you won’t be entitled to any compensation.
That means even a minor allegation—like not wearing a seatbelt, looking at your phone while driving, or stepping into the street too quickly—can potentially tank your entire case.
Insurance companies know this and will often look for any reason to shift even a small amount of blame to you. This is why getting help from an attorney early on in the process is absolutely critical.
A skilled brain injury lawyer can gather strong evidence, build your case to minimize blame, and push back against unfair tactics designed to reduce or deny your claim.
Where can I find an experienced Alabama brain injury attorney near me?
If you’re dealing with the aftermath of a traumatic brain injury, we know how overwhelming and uncertain everything can feel, but we can help you take action to protect your rights and future.
At Nomberg Law Firm, our Birmingham catastrophic injury attorneys have over 50 years of combined experience helping individuals and families after TBIs and other serious injuries from vehicle accidents, pedestrian accidents, falls, and work-related incidents.
We’re here to answer your questions, explain your legal options in a straightforward and clear way, and make sure you’re not taken advantage of by the insurance company. Let us focus on the legal side of things so you can focus on healing.
Reach out to Nomberg Law Firm today for a free consultation to get started.
References
CDC. (2024a, May 7). Facts About TBI. Traumatic Brain Injury & Concussion. https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/index.html
CDC. (2024b, July 3). Economics of Injury and Violence Prevention. Injury and Violence Prevention. https://www.cdc.gov/injury-violence-prevention/economics/index.html