Since 1994, Cowan & Hilgeman has helped injured clients across the Huber Heights area, including those now living with a brain injury.
If you or someone close to you is recovering from a brain injury caused by another driver or a careless property owner in Huber Heights, we can imagine you are dealing with an overwhelming and unexpected situation. Our Huber Heights, OH brain injury lawyer can review what happened and who is at fault, explain how Ohio law applies to your claim, and deal with the insurance company while you focus on recovery. Cowan & Hilgeman has represented injured Ohioans since 1994 and prepares each claim as though it will be decided at trial. Reach out for a free consultation to talk through your options.
Brain Injury Lawyer Huber Heights, OH
Our attorneys represent clients who have suffered harm to the brain, and they work to hold the at-fault parties financially responsible. A traumatic brain injury results from an outside force, such as a blow or jolt to the head, according to the NINDS. Brain injury claims differ from routine accident cases because the symptoms are not always visible and the future costs are hard to predict. The effects of traumatic brain injuries can include memory loss, mood changes, and difficulty returning to work, while symptoms may surface days after the incident. A Huber Heights brain injury attorney gathers medical records, consults treating physicians, and builds a record that connects the injury to the accident. Working with a firm that knows the local courts and insurers operating in this part of Ohio can make a real difference in how a claim is received.
Types of Brain Injury Cases We Handle in Huber Heights
Brain injuries follow many kinds of accidents, and the cause often shapes how a claim is built and who can be held responsible. We handle these matters from the first investigation through settlement or trial. Injuries range from concussions to severe brain injuries that leave lasting disability.
- Car accidents. A sudden stop or impact can jolt the head against the steering wheel, window, or airbag, causing bleeding or swelling inside the skull. We obtain crash reports, vehicle data, and medical findings to show how the collision produced the injury.
- Truck accidents. The size of a commercial truck means head trauma in these crashes is frequently serious. Our attorneys examine driver logs, maintenance records, and the trucking company's role in what happened.
- Motorcycle accidents. Riders absorb the force of a crash directly, and a brain injury can result even when a helmet is worn. We document the scene and the rider's injuries to counter the bias riders often face from insurers.
- Falls. A fall on a wet floor, a broken stair, or an unlit walkway can cause a concussion or bleeding on the brain. Even a concussion from a fall at standing height deserves attention, because symptoms sometimes worsen over the following days.
- Medical malpractice. A delayed diagnosis, a surgical error, or an interruption of oxygen during treatment can injure the brain. These claims call for a careful review of records and input from medical professionals.
- Birth injuries. Oxygen deprivation during labor or delivery can cause permanent brain damage to a newborn. We investigate the prenatal and delivery care to determine whether the harm was preventable.
- Nursing home neglect. Falls and unaddressed medical conditions in care facilities can lead to head trauma for older residents. A nursing home neglect lawyer can review staffing, supervision, and the facility's records to find out what went wrong.
- Catastrophic injuries. A brain injury often accompanies other life-changing harm, and these claims involve lifelong care needs. We work with life-care planners and economists to value the full extent of the loss.
Why Choose Cowan & Hilgeman as my Brain Injury Lawyer in Huber Heights, OH?
Decades of Ohio Trial Experience
Cowan & Hilgeman has represented injured people in the Dayton area since 1994. Jack R. Hilgeman concentrates his practice on personal injury, wrongful death, medical malpractice, and nursing home negligence, and he has spent his career representing people harmed by the negligence of others. He has been recognized as Martindale-Hubbell AV Preeminent, named to the National Trial Lawyers Top 40 Under 40, and selected for Super Lawyers. He earned his law degree from the University of Dayton.
Michael M. Mahon brings substantial courtroom experience, having tried more than fifteen cases to verdict in a practice that has included personal injury, trucking litigation, and medical malpractice. He earned his law degree from Northern Kentucky University's Salmon P. Chase College of Law, where he graduated fourth in his class and served on the law review. His background representing insurance companies earlier in his career gives him a working knowledge of how the other side evaluates and defends serious-injury claims.
Proven Results for Injured Clients
Since 1994, our firm has recovered millions of dollars for accident victims and their families. Many brain injuries arise from the same incidents handled by our personal injury lawyer in Huber Heights, OH, and we bring that same preparation to every brain injury claim. We do not accept an insurer's first number when a client's future care is at stake.
Understanding Brain Injury Cases
Damages, Liability, and Compensation for Brain Injury Cases
Ohio law allows an injured person to recover several categories of compensation, and a brain injury often involves substantial amounts in each. Liability depends on proving that another party acted carelessly and that this conduct caused the injury. Ohio follows a modified comparative negligence rule, which can reduce an award based on the injured person's share of fault and can bar recovery entirely when that share passes the halfway point. The state also places limits on certain non-economic damages, though injuries that cause permanent and substantial physical deformity or the loss of a bodily function may fall outside those limits.
Common categories of compensation include:
- Past and future medical care, including surgery, rehabilitation, and in-home assistance
- Lost wages and reduced earning capacity when the injury limits a person's ability to work
- Pain and suffering and the loss of everyday activities the person once enjoyed
- The cost of long-term support such as therapy and assistive equipment
Federal data records more than 69,000 TBI-related deaths nationwide in 2021, according to CDC injury data, a reminder of how serious these injuries can become.
What Are Important Aspects of a Brain Injury Case?
Brain injury claims rise or fall on the strength of the medical evidence. Because the symptoms can be subtle, the connection between the accident and the injury has to be documented with care from the start.
- Detailed medical records and imaging that establish the diagnosis
- Opinions from treating physicians and, when needed, specialists in neurology or neuropsychology
- A clear account of how the person functioned before and after the injury
- Evidence of the financial losses tied to the injury, both current and projected
What Is The Brain Injury Case Timeline?
Every case moves at its own pace, and a serious brain injury claim can take longer because a person's medical condition needs time to stabilize before its full value is known.
- Investigation of the accident and the collection of evidence
- Medical treatment until the person reaches maximum improvement
- Preparation and submission of a demand to the insurance company
- Negotiation toward a settlement of the claim
- Filing a lawsuit within Ohio's two-year deadline if a fair resolution is not reached
Most claims resolve through a settlement, though we prepare each one for the possibility of a trial so that the insurer has reason to deal fairly.
What Should You Bring to Your Brain Injury Consultation?
Bringing a few documents to the first meeting helps us assess the claim quickly and give you useful guidance.
- Any accident or incident report related to what happened
- Medical records and bills that document the injury
- Insurance information for the parties involved
- Photographs of the scene or of the injuries
The consultation is free, and it gives you a chance to ask questions and learn what your claim may involve before you decide how to proceed.
What Are Important Ohio Legal Resources for Brain Injury Cases?
A few resources can help you understand how Ohio handles injury claims and where to find support after a brain injury. The information below points you toward reliable starting places rather than legal advice for your own situation.
- Ohio sets a two-year deadline for filing most personal injury lawsuits, measured from the date of the injury.
- Ohio's comparative negligence rule determines how shared fault affects the compensation an injured person can recover.
- Ohio Legal Help provides plain-language guidance on civil court procedures and settlement in the state.
- The Brain Injury Association of America offers education and support resources for people living with a brain injury and their families.
Reach Out to Cowan & Hilgeman to Schedule a Consultation
A brain injury can reshape a family's daily life, and the sooner we review your case, the more we can do to protect your claim. Cowan & Hilgeman offers a free consultation to discuss what happened and how Ohio law applies to your situation. We will explain your options clearly and answer your questions. Contact us to arrange a time that works for you.
