Traumatic Brain Injury Lawyer in Columbus, Ohio
Brain injuries don't always show up on the first scan. But the effects — memory loss, personality changes, an inability to work — can last a lifetime. Insurance companies know that TBI claims are hard to prove, and they use that to their advantage.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when a sudden impact, blow, or jolt causes damage to the brain. Severity ranges from mild concussions to catastrophic injuries that cause permanent disability. What makes TBI cases different from other personal injury claims: the injury is often invisible. No cast, no crutch, no scar.
But the cognitive, emotional, and physical effects can be devastating. [METAPHOR OPPORTUNITY: contrast between invisible injury and massive life impact] Someone who looks perfectly healthy in photos can be struggling to remember their own address or hold a conversation for more than ten minutes.
TBI Severity Levels
- Mild TBI (Concussion): Temporary confusion, headaches, memory problems. May resolve in weeks or persist as post-concussion syndrome for months. "Mild" is a medical classification — it does not mean the impact on your life is minor.
- Moderate TBI: Extended loss of consciousness, significant cognitive impairment, may require weeks or months of rehabilitation. Often involves measurable deficits in memory, attention, and executive function.
- Severe TBI: Coma, permanent cognitive and physical disability, may require lifelong care. These cases often involve life care plans that project future needs into the millions.
Common Causes of Brain Injuries in Columbus
Brain injuries result from any event that delivers enough force to damage the brain. In central Ohio, the most common causes I see in my practice include:
Car & Truck Accidents
The leading cause of TBI. Even low-speed collisions can cause the brain to strike the inside of the skull.
Motorcycle Crashes
Riders face direct head impact even with helmets. TBI rates in motorcycle accidents are disproportionately high.
Pedestrian Accidents
Pedestrians struck by vehicles often suffer head injuries from the initial impact or from hitting the ground.
Slip & Fall Injuries
Falls are the second leading cause of TBI nationally. Wet floors, uneven surfaces, and icy sidewalks in Columbus winters.
Workplace Accidents
Falling objects, equipment malfunctions, and falls from height on construction sites and industrial facilities.
Assault & Violent Incidents
Blows to the head from assaults. The at-fault party may owe civil damages regardless of any criminal case.
Sports & Recreation Injuries
Contact sports, cycling, and recreational activities where negligent supervision or defective equipment causes head injury.
Construction Site Accidents
OSHA violations, falling debris, scaffold collapses, and other site hazards that cause traumatic head injuries.
Symptoms of TBI That Insurance Companies Dismiss
TBI symptoms often appear days or weeks after the incident. That delay is one of the reasons insurance companies push for early settlements — before the full scope of the injury becomes clear.
Cognitive symptoms: Memory loss, difficulty concentrating, confusion, slowed processing speed, trouble finding words, inability to multitask. Someone who managed a team of twelve may struggle to follow a simple recipe.
Physical symptoms: Persistent headaches, dizziness, fatigue, sensitivity to light and sound, sleep disturbances, nausea, blurred vision. These can persist for months after a "mild" TBI.
Emotional and behavioral symptoms: Irritability, mood swings, depression, anxiety, personality changes, emotional outbursts that are out of character. Family members often notice these changes before the injured person does.
These are the symptoms insurance companies call "subjective" because they don't show up on a standard X-ray. That's exactly why TBI claims get undervalued — and exactly why you need documentation that goes beyond basic imaging.
Statute of Limitations — ORC § 2305.10
You have two years from the date of the injury to file a personal injury lawsuit in Ohio. TBI cases require extensive medical documentation — neuropsych evaluations, specialist referrals, and longitudinal records. The clock is running, and building the medical record takes time. Do not wait.
Modified Comparative Negligence — ORC § 2315.33
Ohio follows a 51% bar rule. You can recover damages as long as you are 50% or less at fault for the incident that caused your brain injury. Your compensation is reduced by your share of fault. If you are found 51% or more at fault, you recover nothing. Insurance companies routinely try to shift blame onto the injured person.
Why Insurance Companies Undervalue TBI Claims
TBI is one of the most commonly undervalued injury types in personal injury. Three reasons carriers get away with it:
Symptoms are subjective. Adjusters discount what they can't see on imaging. When you tell them you can't concentrate, can't sleep, and can't remember whether you took your medication this morning, they note it as "claimant-reported symptoms" and move on.
Mild TBI doesn't always show on CT or MRI. A "normal" scan does not mean normal brain function. Standard imaging detects structural damage — bleeds, fractures, swelling. It does not detect the diffuse axonal injuries, neurochemical disruptions, and microstructural damage that cause most mild-to-moderate TBI symptoms.
Pre-existing conditions. Carriers argue that memory problems, mood changes, or headaches pre-dated the accident. If you ever treated for anxiety, depression, or migraines, the adjuster will use that history to claim your current symptoms are nothing new.
The adjuster's playbook for TBI claims: question the diagnosis, discount the symptoms, and offer a settlement based on the ER bill alone. Your case needs an attorney who knows that playbook and knows how to dismantle it.
How TBI Claims Get Evaluated Inside the Carrier
When a TBI claim comes across the adjuster's desk, the first thing they look at is the initial ER records. If the Glasgow Coma Scale score was 13-15 — which it is in most "mild" TBI cases — the claim gets flagged as low-severity. The adjuster sets reserves based on concussion protocol: a few thousand for the ER visit, maybe a couple months of follow-up.
What they don't account for is post-concussion syndrome that lasts six months or a year. Or the neuropsychological testing that reveals cognitive deficits the ER scan missed. Or the fact that someone who used to run a department at work can't focus long enough to read an email anymore.
I've seen adjusters close TBI files early because the imaging was "clean." The brain doesn't work that way. Your case needs medical documentation that goes beyond the ER visit — neuropsych evaluations, treating physician records, before-and-after testimony from people who know you.
What Compensation Is Available for Brain Injuries in Ohio?
Brain injury cases involve both immediate costs and long-term consequences that may affect every aspect of your life. Ohio law allows you to recover:
TBI cases often require expert testimony from neurologists, neuropsychologists, and life care planners to document the full scope of cognitive and functional loss. The difference between a TBI case valued at the ER bill and a case valued at the real long-term impact comes down to the quality of the medical evidence and the experts who present it.
Why My Insurance Background Matters for TBI Cases
I know how adjusters evaluate brain injury claims — and I know where they cut corners. When an adjuster sees a "clean" MRI and a mild GCS score, they assume the claim is worth the ER bill. That assumption is wrong, and I know how to prove it.
My job is to build a record that shows the real impact: the cognitive testing that reveals processing deficits, the vocational assessment that documents what the injury took from your career, and the before-and-after picture that shows who you were before the accident and who you are now. That's what moves the number.
How Much Does a TBI Lawyer Cost?
I work on a contingency fee. You pay nothing out of pocket to hire me. There are no hourly rates, no retainers, and no bills while your case is pending.
The fee is 33% if your case resolves before litigation (before a lawsuit is filed) and 40% if a lawsuit is necessary. If your case does not recover money, you owe me nothing. The financial risk is on me, not you.
The initial consultation is free. I'll review your situation, explain your options, and give you a straightforward assessment — whether or not you decide to hire me.
Brain Injury Questions
Common questions from brain injury victims and their families in Columbus and central Ohio.
What Clients Say
"Sean was straightforward from day one. He explained everything clearly, answered every question, and kept me updated throughout the process. I never felt like just another file on someone's desk."
"After my accident I didn't know where to start. Sean took the time to walk me through everything and handled all the communication with the insurance company. I'm glad I called him."
Getting Started Is Simple.
Here's how it works: you call me or fill out the form. I review your situation and give you a straight answer about your options. If I take your case, I handle the insurance company, the paperwork, and the negotiation. You pay nothing unless we win.