Shelbyville Traumatic Brain Injury Lawyer

A typical day can become life-altering in an instant. One moment, you’re commuting to work or walking down a staircase. The next, you or a loved one is in the emergency room, facing the frightening reality of a traumatic brain injury (TBI). These injuries disrupt not only the life of the person hurt but also their family, friends, and community. The physical, emotional, and financial toll of a TBI is massive—and recovery is never straightforward.

As a Shelbyville injury lawyer, I’ve seen firsthand how difficult this journey can be. At our firm, we stand with individuals and families who have had their lives turned upside down by brain injuries. If you or someone you love suffered a TBI due to someone else’s negligence, we’re here to help you fight for the compensation you deserve.

What Is a Traumatic Brain Injury?

A traumatic brain injury occurs when an external force—such as a blow, jolt, or penetrating injury—disrupts the normal function of the brain. The severity can range from a mild concussion to severe and permanent brain damage. Even what seems like a “minor” brain injury can result in cognitive issues, emotional instability, memory loss, and long-term disability.

Common causes of TBIs in Shelbyville include the following:

• Car accidents
• Falls (especially in the elderly or at unsafe workplaces)
• Motorcycle and bicycle crashes
• Physical assaults
• Sports injuries
• Construction and industrial accidents

TBIs are complex and vary significantly from person to person. That’s why it’s essential to work with a brain injury attorney in Shelbyville who understands these cases’ medical, legal, and financial aspects.

The Impact of TBIs in Indiana: Eye-Opening Statistics

Indiana, like many other states, sees thousands of TBI-related injuries each year. According to the Indiana State Department of Health, traumatic brain injuries accounted for 6,726 hospitalizations and over 1,200 deaths in a single year statewide. The data shows that the most common causes of TBIs in Indiana are unintentional falls (46.7%) and motor vehicle crashes (30.5%) (ISDH TBI State Plan).

The same report revealed that residents in rural counties—including Shelby County—are at a significantly higher risk of TBI-related emergency room visits. Individuals living in rural areas were 2.2 times more likely to visit the ER for a TBI than those in metropolitan areas.

These numbers show just how critical prevention, education, and access to legal representation are for our community.

Why Legal Help Matters After a Brain Injury

You may be entitled to compensation if someone else’s carelessness caused your injury—or your loved one’s. But pursuing a brain injury claim is not simple. Insurance companies often downplay the severity of TBIs, especially if the injury is not outwardly visible. They may try to argue that symptoms are exaggerated, unrelated, or already existed.

That’s where we come in. As a personal injury lawyer in Shelbyville, IN, I take the time to listen, understand, and investigate every aspect of your case. We bring in medical experts, accident reconstruction specialists, and life care planners when necessary to paint a complete picture of how the injury has impacted your life. We build strong cases that are hard for insurance adjusters or defense attorneys to ignore.

Damages You Can Recover in a TBI Case

The effects of a brain injury often go far beyond medical bills. Indiana law allows victims to recover both economic and non-economic damages, which may include:

• Medical expenses (past and future)
• Rehabilitation and physical therapy
• Lost wages and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Caregiving costs
• Permanent disability or impairment

As your Shelbyville injury attorney, I fight to ensure you receive full compensation—not just a quick settlement that barely scratches the surface of what you’ve lost.

Vaughn Knows What You Are Going Through

You Don’t Pay Unless We Win

Time Is Not On Your Side After An Accident. Call Vaughn Wamsley NOW.

317-846-1080

Indiana Laws That May Affect Your Claim

Understanding how state laws may impact your ability to recover compensation is essential. Here are a few key legal principles we help clients navigate:

Statute of Limitations

In Indiana, you generally have two years from the date of the injury to file a personal injury lawsuit. This time limit is known as the statute of limitations. If you miss this deadline, you may lose your right to pursue compensation altogether (Indiana Code § 34-11-2-4).

There may be exceptions—such as if the injured person is a minor or mentally incapacitated—but these are complex situations. Contact us immediately if you’re unsure whether you’re still within the deadline. We’ll assess your case and help you act quickly.

Comparative Fault

Indiana follows the “modified comparative fault” rule. If you were partially at fault for the accident, you can still recover damages—but only if you were less than 51% responsible. Your compensation will be reduced based on your percentage of fault.

For example, if you were found to be 20% at fault and awarded $100,000, your recovery would be reduced to $80,000. You would be barred from recovering anything if you were found 55% at fault.

We work hard to counter arguments that unfairly shift blame onto our clients.

Damage Caps

While most personal injury cases in Indiana do not have damage caps, there are limits in specific scenarios, such as claims against government entities. For example, claims against state or local governments are capped at $700,000 in total damages, and punitive damages are capped at $50,000, with 75% going to the state’s Violent Crime Victim Compensation Fund (Indiana Code § 34-13-3-4).

We will always identify whether caps apply in your case and ensure your claim is filed against the correct parties to maximize compensation.

Symptoms and Long-Term Effects of Brain Injuries

Many brain injuries, particularly concussions and closed-head injuries, don’t show up on routine scans. But that doesn’t mean they’re not real. TBIs can lead to a wide range of physical, emotional, and cognitive symptoms, including:

• Memory problems
• Difficulty concentrating
• Mood swings or depression
• Seizures
• Headaches and dizziness
• Slurred speech
• Sleep disturbances
• Sensory changes (hearing, vision, touch)

In severe cases, individuals may require 24-hour care, be unable to return to work, or lose the ability to speak or recognize loved ones. These long-term consequences must be factored into any settlement or verdict.

How We Build a Strong Brain Injury Case

When you hire us as your Shelbyville traumatic brain injury lawyer, we begin a thorough and strategic process designed to build a compelling case:

1. Free Initial Consultation: We start by listening to your story. We’ll ask questions about the accident, your symptoms, and how the injury has impacted your life.
2. Gathering Evidence: We collect all relevant medical records, diagnostic imaging, and testimony from treating physicians. We may also consult neurologists and life care planners to evaluate your long-term needs.
3. Accident Investigation: If your injury was caused by a car crash, fall, or workplace hazard, we investigate the scene, talk to witnesses, and secure surveillance footage when available.
4. Calculating Damages: We work with economists to calculate lost earnings and future care costs. We also help document how the injury has affected your emotional well-being and daily functioning.
5. Negotiation and Trial Preparation: Most cases settle out of court, but we prepare every case as if it will go to trial. This preparation strengthens our position and increases the likelihood of a favorable outcome.

Why Choose Our Law Firm

We don’t treat clients like case numbers. We treat you like family—because that’s how we’d want our own loved ones treated after a life-changing injury. As a brain injury attorney in Shelbyville, I’ve spent years helping people rebuild their lives after devastating accidents. Our team understands the medical complexities, the emotional toll, and the financial pressure that TBI victims face.

We are aggressive regarding insurance companies but compassionate and clear when we talk with you. You’ll never be left in the dark and never feel like you’re going through this alone.

What to Do If You Suspect a Brain Injury

If you or a loved one has experienced a blow to the head or a jolt from an accident, take the following steps:

1. Seek medical attention immediately. Even if you feel “fine,” symptoms can appear days or weeks later.
2. Document everything. Record symptoms, doctor visits, missed work, and any changes in behavior.
3. Avoid speaking to insurance companies. Do not sign anything or give recorded statements until you’ve talked to a lawyer.
4. Contact a Shelbyville injury attorney. The sooner you get legal help, the stronger your case can be.

Frequently Asked Questions About Traumatic Brain Injury Claims

How do I know if I have a valid TBI claim?

If someone else’s negligence caused your brain injury—such as in a car accident, fall, or workplace incident—you may have a valid claim. We can review your case for free and help determine your legal options.

What if I didn’t lose consciousness? Can I still file a claim?

Yes. Many traumatic brain injuries, especially concussions, occur without a loss of consciousness. If you’ve experienced memory problems, confusion, headaches, mood swings, or other symptoms after an accident, you may still have a strong case.

How long do I have to file a TBI lawsuit in Indiana?

Under Indiana law, you typically have two years from the date of the injury to file a personal injury claim. There are exceptions in some cases, so it’s best to contact our Shelbyville injury attorney as soon as possible to protect your rights.

Will I have to go to court?

Most TBI cases are resolved through settlement without going to trial. However, we thoroughly prepare every case in case it goes to court. If a trial becomes necessary, we’ll represent you every step of the way and fight for the compensation you deserve.

How much does it cost to hire a brain injury attorney in Shelbyville?

We handle TBI cases on a contingency fee, meaning you pay no upfront costs. We only get paid if we win compensation for you. This allows you to focus on healing while we handle the legal work.

Still have questions? Contact us today for a free, no-obligation consultation. We’re here to help you understand your rights and take the next step forward.

Contact Our Shelbyville Traumatic Brain Injury Lawyer Today

The path after a brain injury is never easy, but you don’t have to walk it alone. As your trusted personal injury lawyer in Shelbyville, IN, we are here to provide the legal guidance, resources, and support you need to move forward. We don’t just pursue compensation—we seek justice, accountability, and a better future for you and your family.

Call us today for a free consultation. Let’s talk about your case, your options, and how we can help you begin the journey toward healing.