Western Pennsylvania Traumatic Brain Injury Attorney

A traumatic brain injury is not just a medical event; it is often the start of a lifelong struggle. While some individuals recover function over time, many face permanent challenges that affect every aspect of daily life. For those living with moderate to severe TBIs, the reality is that life may never return to what it was before the injury.

Lifelong Challenges and Disabilities

The long-term effects of a TBI can impact physical abilities, cognitive function, and emotional health:

Physical Impairments

Ongoing symptoms may include chronic pain, paralysis, impaired coordination, muscle stiffness, and sensory problems like hearing or vision loss. Many survivors are also at increased risk of seizures or epilepsy.

Cognitive Impairments

Brain injuries can affect memory, attention, concentration, and the ability to plan or solve problems. Communication may also become difficult, with conditions such as aphasia and dysarthria often making it harder to speak, understand language, or express thoughts clearly.

Emotional and Behavioral Changes

The effects of a TBI often lead to mood disorders, including depression and anxiety. Some individuals may also experience sudden personality shifts, irritability, social withdrawal, or difficulty controlling impulses.

Increased Risk of Other Conditions

A traumatic brain injury can raise the risk of developing serious health issues later in life, including Alzheimer’s disease, Parkinson’s disease, other types of dementia, and hormonal disorders caused by damage to the brain’s regulatory systems.

In Pennsylvania alone, approximately 543,288 people live with an acquired brain injury, and nearly 138,600 new traumatic brain injuries occur each year. The costs of care can be staggering, especially for birth-related brain injuries, which can exceed $1.5 million over a lifetime.

The Crushing Financial Burden

Living with a TBI often comes with overwhelming financial strain. This includes:

• Medical Expenses: Costs begin with emergency treatment and hospitalization and continue through surgery, rehabilitation, medication, and ongoing care from multiple specialists. Many survivors also need assistive equipment and long-term therapy.
• Lost Income and Earning Capacity: If you cannot return to work or must take a lower-paying job, the financial impact can be long-lasting. TBIs often lead to reduced earnings or total disability.
• Long-Term Care: Severe injuries may require permanent in-home care, nursing facilities, or major changes to your home to accommodate physical disabilities.

A traumatic brain injury affects more than just the person injured. Family members frequently become full-time caregivers. The stress of caregiving, combined with emotional changes in the injured person, often puts strain on relationships. Shifts in personality, independence, and communication can disrupt family roles and create long-term emotional and financial hardship.

Negligence is the foundation of most legal claims involving traumatic brain injuries. Proving negligence means showing that another party failed to act with reasonable care, and that this failure directly caused the injury. If you are pursuing compensation after a TBI, understanding how negligence works is critical to building a successful case.

To establish negligence, four key elements must be proven:

Duty of Care

The first step is showing that the defendant owed you a legal duty of care. This duty depends on the relationship between the parties and the context of the incident. For example:

• Drivers have a duty to follow traffic laws and operate their vehicles safely.
• Property owners must keep their premises in a reasonably safe condition for guests.
• Doctors are obligated to provide care that meets the accepted medical standard for their profession.

If the defendant had a responsibility to act with caution toward you or the public, a legal duty of care exists.

Breach of Duty

Next, it must be shown that the defendant breached that duty. This means the person or entity failed to act as a reasonably prudent party would in a similar situation. Common examples include:

• A driver running a red light or texting while driving
• A business failing to clean up a spill or fix a broken step
• A healthcare provider making a preventable surgical error
• A manufacturer releasing a dangerous product without proper warnings

A breach occurs when a party acts carelessly, increasing the risk of harm to others.

Causation

There must be a direct connection between the defendant’s actions (or failure to act) and the brain injury you suffered. This is often the most contested part of a negligence case. You must show that the breach of duty was a substantial factor in causing your TBI.

Causation can be especially challenging to prove in cases involving mild TBIs or when symptoms appear days or weeks after the incident. In such cases, medical testimony from a qualified professional is often necessary to confirm the link between the negligent act and your injury.

Damages

Finally, you must demonstrate that the TBI caused actual harm. These damages can be physical, emotional, or financial. Without measurable losses, such as medical bills, lost income, pain and suffering, or long-term care needs, there is no valid basis for a claim.

If you or a loved one has suffered a traumatic brain injury due to another party’s negligence, contact Luxenberg Garbett Kelly & George, P.C. to speak with an experienced Western Pennsylvania traumatic brain injury attorney. Call (724) 658-8535 to schedule a consultation and learn more about your legal rights.

In a traumatic brain injury case, compensation is designed to help you recover both financially and personally from the harm you have suffered. While no amount of money can reverse the effects of a serious brain injury, a successful legal claim can provide the resources needed to support long-term care, daily living needs, and the emotional toll the injury has caused. In Pennsylvania, the law allows for the recovery of several types of damages in TBI lawsuits.

Economic Damages

These represent direct financial losses and are typically supported by documentation such as bills, pay stubs, and professional testimony:

• Current and Future Medical Expenses: You may be entitled to recover the full cost of medical care related to the injury, including emergency services, hospital stays, surgeries, doctor visits, medication, rehabilitation, mental health counseling, assistive devices, and any projected future treatments.
• Lost Wages and Income: If your injury forced you to miss work, you can seek compensation for the income you lost during your recovery period.
• Loss of Future Earning Capacity: If your injury has left you permanently unable to return to your previous job or work in the same capacity, damages can be sought to reflect the long-term loss in earning potential over your expected working years.
• Property Damage: In cases where the TBI resulted from an accident that also damaged your property, such as a motor vehicle collision, you may be able to recover the cost of repairing or replacing that property.

Non-Economic Damages

These damages address the personal and emotional toll of a traumatic brain injury. Though harder to quantify, they are just as significant:

• Pain and Suffering: This includes compensation for physical pain and mental suffering resulting from the injury and any ongoing limitations or discomfort.
• Emotional Distress: Anxiety, depression, fear, PTSD, and other psychological effects related to the trauma may be compensated under this category.
• Loss of Enjoyment of Life: If the injury prevents you from enjoying activities you once valued, such as hobbies, sports, or social engagement, you may be compensated for that loss.
• Disfigurement: If the injury causes visible scars or changes to your appearance, damages may be awarded for the emotional and social consequences of permanent disfigurement.
• Loss of Consortium: A spouse may bring a claim for the loss of companionship, affection, intimacy, and household services due to the impact of the injury on the relationship.

Punitive Damages

In rare but serious cases, punitive damages may also be awarded. These are reserved for instances where the defendant’s behavior was especially reckless, intentional, or malicious. Rather than compensating for a specific loss, punitive damages serve to punish wrongdoing and discourage similar actions in the future.

If you or a loved one has suffered a traumatic brain injury in Western Pennsylvania, it is essential to understand that your time to take legal action is limited. Under Pennsylvania law, personal injury claims, including those involving TBIs caused by negligence, must generally be filed within two years from the date the injury occurred. This rule is outlined in 42 Pa. C.S.A. § 5524.

There are a few exceptions to this deadline. For example, if the injured person was a minor at the time of the injury, the two-year statute of limitations typically does not begin until they turn 18. In such cases, they may have until their 20th birthday to file a claim. While this may offer additional time, relying on exceptions is risky and should only be considered after speaking with a qualified attorney.

Failing to file within the two-year window will almost always result in the case being dismissed, regardless of how serious the injury is or how clear the defendant’s liability may be. Acting quickly is not only a legal necessity;  it also helps protect the quality of your case. Waiting too long can result in the loss of crucial evidence, unavailable witnesses, or fading memories that weaken your position.

Many people are not immediately aware of the long-term implications of a traumatic brain injury. You might focus on healing, assume the issue will improve, or believe that legal help is not necessary. Unfortunately, this delay can jeopardize your ability to recover compensation for medical costs, lost wages, and long-term care.

If you suspect your TBI resulted from another party’s negligence, do not wait. Contact Luxenberg Garbett Kelly & George, P.C. today to speak with an experienced Western Pennsylvania traumatic brain injury attorney.

Call (724) 658-8535 for a consultation and take the first step toward protecting your legal rights.

Choosing Luxenberg Garbett Kelly & George means working with a firm that combines deep legal experience with compassionate, client-focused service. Our attorneys have a proven track record in handling traumatic brain injury cases across Western Pennsylvania, backed by a strong understanding of both local court procedures and the complex medical issues involved in TBI litigation. 

We work closely with seasoned medical professionals, life care planners, and accident investigators to present the full impact of your injury and fight for the maximum compensation you deserve. Our team has secured substantial verdicts and settlements for clients facing serious, life-changing injuries, and we are prepared to apply that experience to your case.

We operate on a contingency fee basis, so you pay nothing unless we recover compensation on your behalf. Every case begins with a free, no-obligation consultation, giving you the chance to speak directly with an attorney, ask questions, and understand your legal options. If you or someone you love has suffered a traumatic brain injury, contact Luxenberg Garbett Kelly & George to get the knowledgeable legal support you need.

Call us today at (724) 658-8535 to schedule your consultation.