A serious brain injury can change how you think, communicate, work, and manage everyday responsibilities. If another person or business caused your harm, Brown and Roberto can pursue compensation that accounts for both immediate expenses and lasting consequences. Call (865) 691-2777 or message us online to arrange a free consultation.
Why Choose Our Team
- Brown and Roberto has recovered more than $50 million for clients and draws on over 60 years of experience.
- Clients receive direct access to their attorneys, clear case updates, and responsive communication during the claim.
- We offer free consultations and charge no attorney fees unless we recover compensation.
Brain Injury Claims are Often Undervalued
Unlike a broken bone, a traumatic brain injury (TBI) may not appear on routine imaging or follow a predictable recovery. You may leave the emergency room without surgery or a visible injury, only to develop headaches, memory problems, fatigue, mood changes, or difficulty concentrating in the following days. Although others may not see these symptoms, they can interfere with your ability to work, drive, complete household tasks, and participate in family life.
Insurance companies may point to normal imaging, no loss of consciousness, delayed symptoms, or an attempted return to work as evidence that the injury was minor. They may also attribute your condition to stress, age, or a prior medical issue. Clear medical records, witness accounts, and documentation of changes in your daily life can connect the symptoms to the accident and demonstrate the compensation required to address their full impact.
What Compensation Can a TBI Claim Include?
The value of a traumatic brain injury claim depends on how the injury affects the person’s health, employment, independence, and daily life. Recoverable losses may include:
- Medical care and rehabilitation: Current and future hospital care, specialist appointments, therapy, medication, assistive equipment, in-home support, and necessary home or vehicle modifications.
- Lost income and employment benefits: Wages lost during recovery, missed bonuses, etc.
- Reduced earning capacity: Mental or physical limitations may prevent someone from returning to the same occupation, working the same hours, or advancing professionally.
- Physical and cognitive harm: Recoverable damages may address pain, lasting limitations, and changes to quality of life.
- Emotional and personal losses: Compensation for emotional distress, reduced independence, personality changes, and damaged relationships.
An insurer may attempt to pressure you into an early settlement before doctors understand the long-term prognosis. This amount may cover immediate bills while leaving out future care and support, and once you sign and accept it the claim generally cannot be reopened. Legal representation helps protect against these tactics and ensures the claim is properly valued.
How Long Do You Have to File a Claim in Tennessee?
A traumatic brain injury victim must file a personal injury lawsuit “within one (1) year after the cause of action accrued” under Tennessee Code Annotated § 28-3-104. Rare exceptions may apply, but an insurer’s investigation or settlement discussions do not pause the deadline.
Tennessee also applies modified comparative fault to traumatic brain injury cases under McIntyre v. Balentine. The Tennessee Supreme Court stated that “so long as plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover.” This rule reduces compensation according to the injured person’s percentage of fault. If found 50 percent or more responsible you cannot recover damages.
Why Hiring a Lawyer is Critical
Brain injury cases are often more complex than they first appear because symptoms may not fully develop right away. This delay can make it difficult to understand the true impact of the injury and to prove its severity without legal support.
An experienced Knoxville Traumatic Brain Injury Lawyer helps build a strong case by gathering and organizing key evidence. They also work with medical specialists to clearly connect the injury to the accident and demonstrate how it affects your daily life and long-term needs.
A skilled attorney also manages the entire legal process, including filings, deadlines, negotiations, and trial preparation if needed. They provide guidance throughout the case and help plan for future medical and financial needs when recovery is uncertain.
Contact Us Today
Call (865) 691-2777 or message Brown and Roberto online for a free consultation about your traumatic brain injury claim.