Brain Injury Attorney in Salem, Oregon
Building a Claim When the Full Impact of a Brain Injury Is Still Unfolding
A traumatic brain injury can be difficult to evaluate because the full medical and financial impact is not always clear immediately after an accident.
Some symptoms appear at once. Others emerge over the hours or days that follow. Cognitive changes, headaches, memory problems, fatigue, mood changes, and difficulty concentrating can affect work, relationships, and daily life long after the initial emergency treatment is over.
At Johnson & Taylor, we have represented Oregonians since 2015 with an approach built around clear advice, individualized attention, and practical case strategy. Our personal injury team investigates how the accident happened, documents the injury over time, and evaluates both current losses and future needs before recommending a path forward.
If you or a loved one has suffered a brain injury, don’t wait to get legal advice. Call our Salem office at (971) 318-5516 for a free, no-obligation case evaluation. You can also contact us online.
A Concussion Is a Traumatic Brain Injury
Traumatic brain injury, or TBI, occurs when trauma disrupts normal brain function.
A TBI can result from a direct blow to the head, a violent jolt to the head or body, penetrating trauma, or rapid acceleration, deceleration, or rotational movement of the head.
Clinicians commonly describe traumatic brain injuries as mild, moderate, or severe based on the nature and effects of the injury.
A concussion is a mild traumatic brain injury. The word “mild” refers to the initial classification of the injury, not necessarily to how disruptive the symptoms may be.
A person can have a concussion without losing consciousness.
Symptoms may include:
- Headache
- Dizziness or balance problems
- Confusion or feeling mentally slowed
- Memory or concentration problems
- Nausea
- Sensitivity to light or sound
- Fatigue
- Sleep changes
- Irritability, anxiety, or other mood changes
Moderate and severe TBIs can involve longer periods of altered consciousness, seizures, significant cognitive impairment, weakness, coordination problems, communication difficulties, and other serious neurological effects.
Some people recover quickly. Others experience symptoms or functional limitations that persist for months or become permanent.
Accidents That Can Cause a Brain Injury
Brain injuries can occur in many kinds of accidents.
Our personal injury practice handles claims arising from incidents such as motor vehicle collisions, motorcycle crashes, bicycle and pedestrian accidents, truck accidents, and unsafe property conditions.
The mechanism of injury matters.
In some cases, the head strikes a windshield, pavement, floor, or another object. In others, rapid movement of the head and brain occurs even without a direct head impact.
A person injured in a motorcycle accident or a slip and fall may also suffer orthopedic injuries, spinal injuries, or other trauma at the same time. Those overlapping injuries can complicate diagnosis and recovery.
Determining what caused a TBI therefore starts with the evidence from the accident and the medical record, not simply with the eventual diagnosis.
Delayed Symptoms Do Not Mean the Injury Is Minor
Some concussion and mild TBI symptoms appear immediately. Others may emerge over the hours or days after the accident.
That can create problems when someone initially believes they are fine, returns to normal activities, and only later notices headaches, memory difficulties, sleep problems, dizziness, or changes in concentration or mood.
Medical care should not be delayed simply to protect a legal claim. Anyone with concerning symptoms after head or body trauma should seek appropriate medical evaluation.
From a legal perspective, early medical records can also help document when symptoms appeared, how they developed, and what treatment was recommended.
Delayed symptoms do not automatically extend Oregon’s statute of limitations. Filing deadlines depend on the legal facts surrounding when the injury and its connection to the responsible party were or reasonably should have been discovered.
Call Johnson & Taylor at (971) 318-5516 to schedule your consultation.
You're not just a number
Every case represents a person, a family, and a future
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Pedestrian Accident Maximized Available Insurance Coverage
Pedestrian sustained broken bones when struck by a borrowed vehicle in a marked crosswalk. Client had health insurance but no auto insurance. We sought recovery from the insurance company who insured the vehicle AND the insurance company who insured the driver. Client was able to recover a substantial amount of money.
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Bicycle Accident Overcame Liability Challenges
Teenager riding bike in or near a construction zone and hit by a vehicle while riding through a crosswalk. Despite an unfavorable witness and the teenager not wearing a helmet, able to work out a great settlement.
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Rear-End Collision Medical Liens Fully Waived
Rear-end accident victim sustained injuries that persisted for some time and required surgery. Medical costs alone were double the available insurance funds from all applicable insurance policies. We were able to get all medical liens waived and client ended up with a majority of the funds from insurance.
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Pedestrian Accident Recovered from Multiple Policies
Pedestrian suffered traumatic internal injuries as a result of a trip and fall over a raised portion of sidewalk. Despite disputes over who maintained the sidewalk and the cause of the raised portion between the two adjacent property owners, we were able to secure significant settlements against both homeowner policies, reduce medical liens by tens of thousands of dollars, and put a generous amount of money in client’s pocket.
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Bicycle Accident Full Compensation Recovered
Bicyclist vs vehicle collision where client sustained soft tissue injuries. Despite reasonable evidence as to fault, insurance company denied liability and would not offer any compensation to client. We filed a lawsuit and just over two months later the insurance company paid our client’s full demand and attorney fees as well.
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Car Accident Reduced Outstanding Medical Bill Balance
As a result of a car accident, client sustained serious injuries which required costly surgery. Client did not have health insurance to cover additional medical expenses beyond the no-fault provisions of her own policy. Through persuasive negotiations with medical providers, we were able to secure offers from the medical providers to substantially reduce or write-off the outstanding balances to enable payment of all medical bills and compensation to client.
Oregon’s Filing Deadline for Brain Injury Claims
Oregon generally applies a two-year statute of limitations to personal injury actions.
A discovery rule can affect when that period begins in some cases. The analysis focuses on when the injured person knew or reasonably should have known enough facts to identify the injury and its causal connection to the defendant.
That rule should not be confused with delayed symptoms.
A person does not automatically receive more time merely because the full extent of a TBI became apparent later.
Claims involving public bodies have another important timing issue. Under the Oregon Tort Claims Act, injury claims against a public body generally require notice within 180 days. Wrongful death claims involving a public body generally have a one-year notice period.
Those rules can matter after incidents involving government vehicles, public employees, or public property.
Because exceptions and different causes of action can change the analysis, the safest approach is to have the specific dates reviewed promptly.
How Oregon’s Comparative Negligence Rule Affects a Claim
Oregon uses modified comparative negligence.
An injured person is not automatically barred from recovery simply because they share some responsibility for an accident. Recovery remains possible when the fault assigned to the claimant is not greater than the combined fault of the persons compared under Oregon law.
The damages are then reduced according to the claimant’s percentage of fault.
For example, a claimant assigned 20% of the fault would generally have an otherwise recoverable damages award reduced by 20%.
Fault disputes can be significant in brain injury cases because insurers may challenge how an accident occurred, whether safety precautions were used, or whether another person or entity contributed to the incident.
Our attorneys investigate the available evidence rather than accepting an insurer’s fault assessment at face value.
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“What made it even better was how communicative and helpful they were. I’ve had some rough experiences before, but this was definitely the best with attorneys I’ve ever had. Thanks a bunch!”- Luis F.
We believe the best results come from having the right people beside you from the very beginning. That means taking the time to understand your situation, staying connected throughout your case, and making sure you feel supported every step of the way.