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Portland Brain Injury Lawyer

The brain is a complex and delicate organ. Any damage to the brain, even to a minor degree, could prove disastrous to the victim. At Tillmann Law, we understand the serious and traumatic nature of brain injuries. We also realize they are often preventable and typically occur when someone is negligent. Our Portland brain injury attorneys are passionate about representing brain injury survivors and loved ones during cases against the parties that caused their injuries. We might be able to help you and your family receive compensation. Call Tillmann Law at (503) 272-8986 today to start with a free legal consultation.

Why Hire Us?

  • We can go to trial. We have trial-tested attorneys who can go up against any defendant in court in Multnomah County on your behalf, if necessary.
  • We obtain results. Our Portland brain injury lawyers work hard to secure justice and maximum compensation for clients with brain injuries.
  • We get personal. We believe in the power of taking a personal approach to injury law. Your needs will be at the heart of all we do during your case.
  • We are affordable. Our brain injury attorneys accept clients on a contingency fee basis, meaning no fees charged to clients unless we win.

Portland Brain Injury Resources & FAQs

Why You Need a Portland Brain Injury Attorney

The elements of a brain injury claim can be confusing even for an experienced and skilled personal injury attorney. The medical details, experts needed to testify, burden of proof, and other factors involved in your claim could be overwhelming while you also try to focus on your brain injury treatment plan. Hiring a Portland brain injury lawyer can take the pressure off of you and your family. Your lawyer will know precisely how to strengthen your claim and give you the best possible odds of securing compensation. He or she will also be able to tackle complicated legal matters and powerful defendants on your behalf.

Portland Brain Injury Lawyer

Types of Brain Injury Cases We Handle in Portland

At Tillmann Law, we are proud of our commitment to helping clients. We are dedicated to the community of Portland and to each client we serve. Our brain injury attorneys have spent most of their lives fighting for justice on behalf of injured accident victims. At that time, they have gained enough experience to be able to help clients with a wide variety of brain injuries.

  • Traumatic brain injuries
  • Acquired brain injuries
  • Concussions
  • Diffuse-axonal injuries
  • Coup-contrecoup injuries
  • Hemorrhages
  • Edemas
  • Open head injuries
  • Permanent brain damage
  • Wrongful death

A Portland personal injury lawyer will understand the physical, cognitive, emotional, and personal challenges that come with a serious brain injury. We also know how much it can mean for a family to receive a fair compensatory award from an at-fault party. Financial compensation could help a family pay for the past and future expenses of caring for someone with a brain injury. These type of injuries can happen after a variety of accidents but most commonly motorcycle crashes, end with serious brain injuries because of the serious impact it can have on the head. Sometimes helmets do not protect your head from a serious accident, if you or a loved one was involved in a motorcycle crash, you can learn more from our Portland motorcycle accident lawyers who can answer all of your questions regarding a possible lawsuit.

portland brain injury attorneys at Tillmann Law

Is Force or Impact Necessary for a Traumatic Brain Injury to Occur?

Many traumatic brain injuries (TBIs) occur due to severe jolt or blow to the head, which damages the brain inside of the skull. However, force or impact is not necessary for a TBI to occur. In some cases, a sharp object can penetrate the skull and damage the brain, leading to severe bleeding and tissue damage.

Common causes of TBI include the following.

  • Car accidents
  • Motorcycle accidents
  • Slip and falls
  • Pedestrian collisions
  • Bicycle accidents
  • Physical assaults
  • Uber and Lyft collisions
  • Truck accidents
  • Gunshot wounds

Another type of brain damage is known as acquired brain injury. Rather than occur during a traumatic event, an acquired brain injury happens due to oxygen loss, exposure to toxins, a medical condition, or an act of negligence on behalf of a healthcare provider. Drowning accidents, anesthesia malpractice, and many other negligent acts may contribute to this type of damage.

Who Is Liable for a Portland Brain Injury?

If you sustained a brain injury due to the actions of another person or entity, you could hold the at-fault party accountable for your injuries. By filing an insurance claim or lawsuit, you can recover compensatory damages for medical expenses, lost wages, property damage, and more. To file a claim, however, you will first need to identify the at-fault party.

Many parties may be liable for a Portland brain injury, depending on the circumstances surrounding your case.

  • Motorists: In Oregon, any person who is responsible for a motor vehicle accident is financially responsible for their victims’ injuries. If you sustain your TBI in a motor vehicle collision, you could file a lawsuit or insurance claim against a driver, trucker, Uber or Lyft driver, motorcyclist, or any other party who caused the accident.
  • Property Owners: Portland property owners have a duty to maintain safe premises, respond to hazards, and warn visitors of any dangers. If an owner fails to uphold this duty and you sustain a brain injury due to a hazard, you could file an insurance claim or lawsuit against him or her. 
  • Medical Professionals: All Oregon medical professionals have a duty to uphold a certain standard of care while treating patients. If a doctor deviates from this standard of care and causes a brain injury, you could hold him or her liable in a medical malpractice lawsuit. Anesthesia accidents, surgical mistakes, and medication errors can lead to brain damage.
  • Government Agencies: Some motor vehicle collisions occur due to poorly maintained or designed roads. Hazards such as potholes, loose gravel, and sharp turns can lead to an accident. If you sustain your brain injury in an accident caused by a road hazard, you could file a claim against the government agency responsible for overseeing the road.
  • Trucking Companies: If you are injured by a commercial truck driver who is employed by a company, you can file a lawsuit or insurance claim against the driver’s employer. If the accident was caused by the negligent acts of the trucking company, such as failure to properly inspect vehicles, the company would be liable for your accident.

What Is Included in Potential TBI Damages?

By filing a personal injury lawsuit or insurance claim, you can hold the at-fault party accountable for the losses that you experienced due to your brain injury. In Oregon, you can recover two types of damages in a TBI lawsuit: economic and non-economic. Economic damages involve your financial losses, while non-economic damages refer to your physical and emotional pain and suffering.

Common damages available in TBI settlements include the following.

  • Past and future medical expenses
  • Lost wages
  • Loss of future earnings
  • Chronic pain
  • Permanent disability
  • Rehabilitation and physical therapy
  • Property damage
  • Post-traumatic stress disorder
  • Depression and anxiety

Your attorney from Tillmann Law can evaluate your case, identify all potential pathways to compensation, and help you determine the full value of your potential settlement. With this information, he will advocate for your maximum possible award.

What Does a Lawyer Do to Collect Evidence for My Case?

An Oregon brain injury lawyer from Tillmann Law can conduct a full investigation into your accident and gather the evidence you need to prove your right to compensation. There are multiple ways that lawyers collect evidence in brain injury claims.

First, your lawyer may ask you to provide any piece of evidence that you have relating to your accident. Photographs, videos, and the clothing that you were wearing at the time of the injury could be valuable. Your lawyer may also ask for medical records, receipts, and insurance documents.

Your lawyer will then investigate and gather other pieces of evidence to support your case, including the following.

  • Police reports
  • Medical records
  • Witness statements
  • Driving logs, maintenance records, and other records held by a trucking company

Your attorney may also examine the scene of the accident and gather evidence from the area. He or she may also consult with expert witnesses, such as medical professionals and accident reconstruction specialists, who can provide testimony on your behalf.

Statute of Limitations in Portland, Oregon for a Brain Injury

If you believe that you qualify for a brain injury lawsuit, it is important to act quickly. In Oregon, personal injury and medical malpractice lawsuits are subject to a two-year statute of limitations. If you do not file your lawsuit within two years of your brain injury, the court will likely dismiss your case.

Missing the statute of limitations will prevent you from recovering the compensation that you deserve. In these situations, it is important to speak to a lawyer as soon as possible following your accident and identify your appropriate filing deadline.

Can a Portland Brain Injury Lawsuit Be Filed Several Years After the Accident?

Most brain injury lawsuits in Portland must be filed within two years of the brain injury. However, there are certain exceptions to the statute of limitations.

  • If you were a minor under the age of 18 at the time of your injury, the statute of limitations will not begin until your 18th birthday. However, you cannot file more than 5 years after the injury or one year after your 18th birthday, whichever comes first.
  • If you were mentally incapacitated at the time of the injury, you must file your lawsuit within one year from the date that you were declared legally competent.
  • If the at-fault party leaves the state of Oregon for a period of time, the statute of limitations clock will stop on the date that he or she leaves the state. The clock will begin again when he or she returns to Oregon.

Do You Have a Case?

Some of the most common accidents that cause brain injuries in Portland are motor vehicle collisions, falls, sports incidents, acts of violence, drowning, and medical malpractice. Bringing a personal injury claim for a brain injury might be possible in Oregon if you or your lawyer can prove four main elements: duty, breach, causation, and damages. A Portland accident lawyer from Tillmann Law may be able to help you with the burden of proving a defendant’s fault for your brain injury. Our lawyers can also take steps to maximize your financial recovery for a brain injury using proven legal strategies.

How to File a Traumatic Brain Injury Claim

Depending on the circumstances surrounding your accident, you could pursue an insurance claim or lawsuit against the party responsible for your brain injury. To file your claim, it is important to first speak to your attorney and determine your optimal legal pathway. 

Many brain injury claims begin and end in the insurance stage, while others proceed to a lawsuit if the claim is unsuccessful. However, there are certain situations where an insurance option is not available, or you may want to file a lawsuit from the beginning. Your attorney can evaluate your case and help strategize your next steps.

Different insurance companies have different filing processes. When you file an insurance claim, a representative will investigate the accident and determine whether the at-fault party is liable. Your attorney will handle most of the discussions with the insurance company on your behalf, providing evidence and negotiating for a maximum settlement. 

A Portland personal injury lawsuit follows a different process. First, your attorney may send a demand letter to the at-fault party and arrange a negotiation. If these negotiations are unsuccessful or do not take place, your lawsuit will then be filed in Oregon civil court, and the formal litigation process will begin.

  • First, you will enter the discovery phase where you and the at-fault party will exchange evidence and take depositions of relevant parties.
  • When discovery is complete, you and your lawyer may engage in a round of mediation or negotiation with the at-fault party. Your case may conclude at this stage.
  • If your case does not resolve in pretrial negotiations, your lawsuit will proceed to the courtroom. Your attorney will present your case in front of a judge or jury, proving that the at-fault party is liable for your losses.

Filing an Oregon brain injury claim can be a challenge without a lawyer on your side. As soon as possible following your accident, speak to an attorney at Tillmann Law to discuss your legal options.

Portland brain injury lawyers - clients come first

Contact a Portland Brain Injury Lawyer Today

It is critical to speak to a lawyer after you or a loved one sustains a brain injury in Portland. A personal injury lawyer can explain your rights, help you understand your legal options, and guide you through a civil lawsuit against a defendant. Working with a trusted attorney could give you hope for your future – physically, financially, and emotionally. Please do not hesitate to contact Tillmann Law for a free and confidential conversation with one of our brain injury attorneys. Call (503) 272-8986 today.

Client Review:

“Hi Aaron and Jason….just letting you know that I received my check today and deposited it……thank you again for all your help….have been busy for days with my grandsons but will get to my review of your fabulous law firm tomorrow!….will also stop by one day in the Spring or Summer with a thank you basket of Astoria’s finest goodies!….thank you again, dear friends!… Sincerely,…Me!….Mary!”

-Mary