Tulsa Traumatic Brain Injury Lawyer
When a traumatic brain injury happens because of someone else’s carelessness, the impact reaches far beyond medical recovery. Families in Tulsa often face mounting bills, lost income, and uncertainty about the future.
A Tulsa traumatic brain injury lawyer at Graves McLain Injury Lawyers helps clients pursue accountability and financial recovery from those who caused the harm. Our experienced team understands what’s at stake and works to protect your rights while you focus on healing.
If someone’s reckless actions led to your injuries or the loss of a loved one, contact us for a free consultation to discuss your case and next steps.
Guide for Tulsa Traumatic Brain Injuries
Key Takeaways: Tulsa Traumatic Brain Injuries
- Traumatic brain injuries range from mild concussions to severe brain damage, sometimes leading to lifelong care needs.
- Oklahoma’s statute of limitations gives most victims two years to file a personal injury claim.
- Compensation may include medical costs, lost income, and other measurable losses.
- Consistent medical documentation helps establish the cause and extent of the injury.
- Oklahoma follows comparative negligence, meaning partial fault can reduce recovery amounts.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) happens when a sudden impact or jolt disrupts how the brain works. These injuries may result from accidents, falls, or acts of violence. Medical professionals classify TBIs based on their severity and the damage they cause to brain tissue.
Types of Traumatic Brain Injuries
- Concussion: A so-called mild TBI that often causes confusion, dizziness, or headaches.
- Contusion: A bruise on the brain that may require surgery if bleeding or swelling occurs.
- Diffuse Axonal Injury: Damage to nerve fibers from strong shaking or rotation of the head.
- Penetrating Injury: A foreign object enters the skull, directly harming brain tissue.
- Anoxic or Hypoxic Brain Injury: Occurs when the brain lacks oxygen, leading to cell death.
Symptoms and Warning Signs
Brain injury symptoms can appear right away or develop over time. Common signs include headaches, blurred vision, confusion, nausea, fatigue, sleep problems, and mood changes. Severe cases might involve loss of consciousness or memory problems.
Long-Term Effects of TBIs
Many people with serious TBIs experience lasting effects such as difficulty concentrating, speech or movement problems, and emotional instability. Some need ongoing medical treatment or rehabilitation to restore independence.
What Are Common Causes of Traumatic Brain Injuries in Tulsa?
People across Tulsa sustain brain injuries in many ways. Traffic, workplace, and everyday hazards all create risks that sometimes lead to preventable harm.
Car and Truck Accidents
Crashes along highways like I-44 or near downtown Tulsa cause many TBIs. The sudden force of impact can throw a person’s head forward or sideways, causing brain trauma.
Motorcycle Accidents
Even with helmets, riders along Riverside Drive or Route 66 remain vulnerable to head injuries because motorcycles offer little protection from impact, which is why speaking with a motorcycle accident attorney can be crucial after a crash.
Pedestrian and Bicycle Accidents
When drivers fail to yield at intersections like 11th Street and Harvard Avenue, pedestrians and cyclists risk severe head trauma from being struck by a vehicle.
Slip and Fall Accidents
Falls at stores, parking lots, or public buildings can result in serious TBIs, particularly for older adults. Uneven floors or wet surfaces often lead to these accidents.
Dog Bites
A sudden attack by a dog can knock someone down and cause head injuries when their head hits the ground or nearby objects, which is why speaking with an experienced dog bite attorney can be important for protecting your rights.
Construction and Workplace Accidents
Falling tools, unsecured scaffolding, or heavy machinery accidents on Tulsa job sites frequently cause traumatic brain injuries among workers.
Medical Malpractice
A TBI may result from oxygen deprivation during surgery, anesthesia errors, or improper patient monitoring.
Nursing Home Abuse
Neglect or physical assault in long-term care facilities sometimes causes elderly residents to suffer brain injuries from falls or blows to the head, which is why speaking with a nursing home abuse attorney can be crucial for protecting their rights.
Defective Products
Unsafe consumer products or defective helmets can cause or worsen brain injuries during accidents.
Sports and Recreation Injuries
Contact sports like football or activities such as skateboarding and cycling sometimes lead to concussions and more serious TBIs.
What Is My Traumatic Brain Injury Case Worth?
No two TBI cases are the same. The value depends on the nature of the injury, its long-term effects, and how it impacts your ability to work or enjoy life.
Economic Damages in Oklahoma TBI Cases
These cover measurable financial losses such as:
- Medical bills: Hospital stays, rehabilitation, physical therapy, and medication.
- Lost income: Time away from work while recovering.
- Future medical care: Long-term treatment, home modifications, or assistive devices.
Non-Economic Damages Under Oklahoma Law
These relate to personal losses that don’t come with receipts:
- Pain and suffering: Ongoing discomfort or distress caused by the injury.
- Loss of enjoyment of life: Inability to engage in activities or hobbies once enjoyed.
- Emotional distress: Anxiety, depression, or relationship strain due to the injury.
Factors That Affect TBI Settlement Values
- Severity of the injury: The greater the impact on brain function, the higher the potential compensation.
- Permanency: Whether recovery is possible or the damage is lifelong.
- Insurance coverage: Available policy limits often shape settlement negotiations.
- Evidence: Medical records, accident reports, and witness statements strengthen a claim.
How Long Do I Have to File a TBI Claim in Oklahoma?
Oklahoma law gives most injured people two years from the date of the accident to file a personal injury lawsuit. In most traumatic brain injury cases, the clock starts ticking on the day the injury occurs, such as the date of a car crash, fall, or other incident.
If you don’t have an attorney file a lawsuit before the two-year deadline expires, the court will likely dismiss the case, and you will lose the right to pursue recovery through the legal system. Insurance companies know this rule well, and they may delay negotiations to push a case closer to the cutoff date. Working with an attorney early helps ensure your claim stays on schedule and your rights stay protected.
Exceptions to the Two-Year Deadline
Certain situations may pause or extend the standard two-year period. These exceptions are narrow, but they can make a difference in some cases:
- Minors: When the injured person is under 18, the two-year countdown typically doesn’t begin until their 18th birthday. This allows families time to focus on medical care while preserving the child’s right to pursue a claim later.
- Discovery of Injury: Sometimes, the full extent of a brain injury isn’t immediately apparent. If a doctor later connects symptoms to an earlier event, the “discovery rule” may allow the filing deadline to start on the date the injury was discovered or reasonably should have been discovered.
- Incapacitation: If a person is mentally or physically unable to act because of a severe brain injury, the law may pause the time limit until they regain capacity or a legal representative can act on their behalf.
- Claims Against Government Entities: When a city, county, or state agency contributed to the injury, a special set of notice and filing requirements applies. Under the Oklahoma Governmental Tort Claims Act, a notice of claim must be filed within one year of the injury, and a lawsuit must follow within 90 days of a claim denial.
Each of these exceptions involves strict procedural rules. Missing even one step can jeopardize your case, so early legal guidance can prevent costly mistakes.
Why Acting Quickly Matters
Even though the law gives up to two years to file, waiting to start your case can hurt its strength. Evidence tends to disappear over time, and witnesses may move away or forget details. Surveillance footage from businesses in downtown Tulsa, for instance, may only be stored for a few weeks before it’s erased. The sooner you begin, the easier it becomes to gather reliable proof.
Prompt action also helps document the connection between your injury and the event that caused it. Medical records, diagnostic scans, and statements from treating physicians can show how the trauma occurred and what long-term effects it has created. Delays in obtaining or preserving this evidence can give insurance adjusters room to question your claim.
Who Can Be Held Liable for My Brain Injury?
Identifying all responsible parties ensures that no potential source of recovery is overlooked.
Negligent Drivers and Motor Vehicle Liability
Drivers who speed, text, or drive under the influence often cause severe head injuries to others on the road.
Property Owners and Premises Liability
Businesses and homeowners must maintain safe environments. If a property hazard caused your fall, the owner may bear responsibility.
Third-Party Contractors
Some injured workers may qualify to bring a third-party claim if another contractor or manufacturer contributed to the accident.
Product Manufacturers and Defective Products
If a faulty airbag, ladder, or helmet contributed to your TBI, the manufacturer could be held responsible under product liability laws.
How Does Oklahoma’s Comparative Negligence Law Affect My Case?
Oklahoma uses a modified comparative fault rule that considers whether the injured person also played a role in the accident.
The 50% Bar Rule
If your share of responsibility is 50% or more, you can’t recover damages. For example, if you were 30% at fault, your total compensation would be reduced by that percentage.
How Shared Fault Reduces Your Recovery
Insurance companies often try to inflate your share of fault to reduce payouts. A lawyer can challenge these attempts and present evidence that accurately reflects what happened.
What Compensation Can I Recover After a TBI in Tulsa?
Traumatic brain injuries affect nearly every part of a person’s life. Compensation helps restore financial stability and access to care.
Medical Expenses and Future Care Costs
This includes hospital bills, surgeries, therapy, and specialized treatment. Many TBI patients need ongoing rehabilitation or home care.
Lost Wages and Loss of Earning Capacity
When a brain injury prevents you from working, lost income and diminished future earning potential become key parts of a claim.
Pain and Suffering
Pain after a TBI may involve chronic headaches, fatigue, or emotional struggles that impact daily living.
Loss of Quality of Life
TBIs can affect independence, relationships, and enjoyment of life, which may be reflected in non-economic damages.
Contact Our Firm &
Request a Free Case Review
How Our Attorneys Can Help
The legal team at Graves McLain Injury Lawyers helps clients build strong cases that reflect the true impact of their injuries.
Thorough Investigation and Evidence Gathering
We collect police reports, medical records, and witness statements to establish liability.
Working with Medical Experts
Our attorneys collaborate with neurologists and rehabilitation specialists to explain the full scope of your injuries.
Negotiating with Insurance Companies
Insurers often attempt to reduce payouts. Our firm handles communications and settlement discussions to hold them accountable.
Litigation and Trial Experience
When the at-fault party or their insurer refuses to accept responsibility, we prepare the case for court and present clear, evidence-based arguments.
No Fee Unless We Secure Compensation
We handle cases on a contingency basis, meaning you don’t pay legal fees unless we recover compensation through a settlement or verdict.
Frequently Asked Questions About TBI Claims
Can I still recover compensation if I wasn’t wearing a helmet?
Yes, possibly. Not wearing a helmet may affect your percentage of fault, but it doesn’t automatically prevent recovery if someone else caused the accident.
What if my brain injury symptoms didn’t appear right away?
Delayed symptoms are common. Medical evaluation and documentation are key to linking the condition to the original event.
Can family members file a claim on behalf of a TBI victim?
Yes. If the victim cannot make legal decisions or passed away from their injuries, family members or representatives may file a claim.
Will I have to go to court for my TBI case?
Most cases resolve through settlement. However, if the responsible party refuses to pay a fair amount, litigation may become necessary.
How much does it cost to hire a Tulsa TBI lawyer?
Our firm works on contingency, meaning you don’t owe fees unless we obtain a financial recovery for your case.
What if a TBI victim passes away?
If a traumatic brain injury proves fatal, certain family members may pursue a wrongful death claim. This type of claim seeks compensation for losses such as funeral expenses, medical bills incurred before death, and the loss of financial support and companionship.
Our attorneys can explain who can file a wrongful death claim under Oklahoma law.
Let Our Traumatic Brain Injury Attorneys in Tulsa Help
Personal injury cases require timely action. The sooner you contact our team, the more effectively we can collect evidence and build your claim. Graves McLain Injury Lawyers has a record of helping Tulsa families hold negligent parties accountable for serious brain injuries. We work to protect your rights, document your losses, and pursue fair compensation for your recovery.
Call 918-359-6600 to schedule your free, no-obligation case evaluation today.
Treat you like family
I knew my auto accident wouldn’t be worth much and they knew it too but worked as if it was a million dollar case and kept me informed hope I never need an attorney again but if I do it’ll be graves mcclain I brag on them to everyone
Margie C
OklahomaSubmitted April 5th, 2023
★★★★★
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CiCi H
OklahomaSubmitted April 5th, 2023
★★★★★
They were always willing to respond and were very positive
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Robert S.
Submitted April 1st, 2022
★★★★★
Professional, compassionate, and very smooth way
I have been working with chad McLain for two years.
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Kim C.
Submitted March 31st, 2022
★★★★★
I will recommend them to others
I was referred to Graves McLain Injury Lawyers through an Uber passenger. I reached out and was connected with Miss Angela, who made me feel so comfortable. She was very upfront with everything and kept a very open line of communication. I got to work with Amy W. & Amy M., who were two fabulous ladies who helped wrap up my case. When I thought I would be screwed with trying to get somewhere with the insurance company, these ladies came to the rescue. Without a doubt, I would contact them again, and I will recommend them to others. Thanks again!
Alyssia H.
Submitted March 7th, 2022
★★★★★
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Marla H.
Submitted March 1st, 2022
★★★★★
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Graci W.
Submitted January 10th, 2022
★★★★★
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Larry N.
Submitted January 4th, 2022
★★★★★
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Aubrey P.
Submitted January 3rd, 2022
★★★★★
Highly Recommend
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Kimberly M.
OKSubmitted December 22nd, 2021
★★★★★