Portland Traumatic Brain Injury Attorneys
A brain injury can change everything in an instant. At Barton Trial Attorneys, our Portland traumatic brain injury attorney team is here to help you along the road to recovery.
A blow to the head can alter the course of your life in seconds. If you or someone you love has suffered a brain injury, you may be facing a complicated fight with an insurance company, a mountain of medical bills, and a future reshaped by a catastrophic injury. At Barton Trial Attorneys, we believe a traumatic brain injury is never just a claim to be processed. We believe your story deserves to be told, and told well.
We are nationally recognized personal injury attorneys and our Portland brain injury lawyer team does things differently. We are not a mass-media advertising law firm funneling clients through an assembly line. We are a boutique firm that devotes two trial attorneys and a full staff to 10 or fewer brain injury cases at a time.
When you work with a Portland brain injury attorney at our firm, you are not a file. You are family.
Suffered a Brain Injury in Portland, Oregon? Act Fast to Protect Your Rights
After a serious head injury, the insurance company goes to work quickly, and rarely in your favor. Adjusters may pressure you to give a statement, accept a lowball offer, or settle before anyone knows the true extent of your injury. Meanwhile, brain injury victims and their families are trying to get the medical treatment they need and hold their lives together.
That is where an experienced brain injury lawyer Oregon families trust makes the difference. Serving brain injury victims throughout Portland, Oregon and communities across the state, we handle the negotiations, the paperwork, and the pressure so you can heal. As personal injury attorneys, we know how insurers value brain injury claims, and we know how to pursue the maximum compensation you are actually owed for medical bills, lost income, pain and suffering, and diminished quality of life.
Most Oregon brain injury cases must be filed within two (2) years of the injury, though important exceptions apply. To learn about your legal options, call Barton Trial Attorneys for a free consultation.
The Barton Difference
We Argue Stories, Not Just Facts.
We are not just good trial lawyers. We are master storytellers who tell the true, compelling stories of everyday people who have been injured. We use the complex language of law, but also plain English, to tell stories that juries understand, stories that get better results. Our cases change not only our clients’ circumstances, but also the behavior of others and the future direction of the law.
Legal Representation Built for Traumatic Brain Injuries (TBI)
When a preventable event causes a traumatic brain injury, the stakes are enormous. You may be facing a lifetime of medical treatment, lost income, rehabilitation, and profound pain and suffering. These are the brain injury cases Barton Trial Attorneys was built for, and our results speak for themselves.
An experienced traumatic brain injury lawyer knows that full recovery is not only about medical bills, but also about psychological distress, the lost future, and the ways a head injury reshapes a family. We front the significant costs these cases require, assemble the right medical professionals and experts, and pursue every source of recovery so that your legal representation matches the size of what you have lost.
Brain Injury Symptoms and Causes
Traumatic brain injuries (TBI) can range from mild concussions to severe, life-altering harm. A traumatic brain injury happens when a sudden jolt, blow, or penetrating wound disrupts normal brain function. Some injuries are obvious at the scene. Many others are invisible at first and surface only in the hours, days, or weeks that follow; this is one reason prompt medical evaluation is so important, even when you feel fine.
Common Causes of Traumatic Brain Injuries
- Car accidents and other motor vehicle collisions, where sudden deceleration or impact throws the head forward or against the interior of the vehicle.
- Motorcycle, bicycle, and pedestrian crashes, which frequently produce serious head injuries.
- Falls, including slip-and-fall and trip-and-fall incidents on unsafe property.
- Being struck by falling or moving objects, common on construction sites and in workplaces.
- Sports and recreation injuries, including repeated concussions.
- Assaults and acts of violence.
- Medical negligence, such as oxygen deprivation during birth or surgery.
“Do I Have a Brain Injury?” Common Brain Injury Symptoms to Watch For
Because no two brains are alike, symptoms vary widely and can be easy to dismiss. Warning signs that a person may have suffered a brain injury include:
- Physical symptoms: headaches, nausea or vomiting, dizziness, loss of balance, fatigue, seizures, sensitivity to light or sound, and loss of consciousness.
- Cognitive symptoms: confusion, memory loss, trouble concentrating, slowed thinking, and difficulty finding words.
- Emotional and behavioral symptoms: irritability, anxiety, depression, mood swings, and personality changes.
- Sleep changes: sleeping much more or much less than usual, or trouble falling asleep.
TBIs are commonly classified as mild, moderate, or severe, but even a “mild” concussion can have lasting consequences. If you notice these symptoms after any accident, seek care from qualified medical professionals right away and keep a record of everything. That documentation can be critical to your recovery and to any future brain injury claim.
What To Do After a Brain Injury in Oregon
- Get emergency medical treatment immediately. Call 911 if the person loses consciousness, vomits, has a seizure, or seems confused or disoriented.
- Follow up with medical professionals promptly, even if symptoms seem mild; serious brain injuries often surface later.
- Document everything: the cause of the injury, the scene, and every symptom as it develops, plus names of any witnesses.
- Keep records of all paperwork, including medical bills, lost wages, and out-of-pocket costs.
- Notify the appropriate insurer, but don’t give a recorded statement to the at-fault party’s insurance company yet.
- Don’t admit fault or accept a quick settlement offer before you understand the full extent of the injury.
- Preserve evidence such as vehicles, equipment, or property involved, and photographs of the scene.
- Speak with a brain injury lawyer at Barton Trial Attorneys before signing anything. Our initial consultation is free.
For more information about what to do after an injury, please see our Client FAQ page.
Every Oregon brain injury claim follows a path, and knowing that path helps you protect yourself. In the days after an injury, three things happen at once: you seek medical treatment, the at-fault party’s insurer opens a file, and the countdown begins for how long you have to file a case. What you do in this early window can shape the entire outcome.
Oregon is a fault-based state, which means the person or company whose negligence caused the injury, and their insurer, is financially responsible for the harm. When a brain injury arises from a car accident, your own policy’s Personal Injury Protection may also pay some early medical bills and lost wages regardless of who was at fault. A skilled attorney coordinates every available coverage so that no source of recovery is left on the table.
We encourage you to learn more about our Core Values and read our Testimonials. When you’re ready to contact us, we’ll be here.
Oregon Brain Injury Laws and Statutes
Two-year deadline to file
In most Oregon personal injury cases, including brain injury cases, you have two (2) years from the date of injury to file a lawsuit. Some situations change the timeline: the “discovery rule” can delay the start date when an injury is not immediately apparent, a common issue with traumatic brain injuries; injured minors receive additional time under ORS 12.160; and claims against a public body (such as a city or TriMet) require written notice within 180 days under the Oregon Tort Claims Act.
Because these rules are unforgiving, it is wise to speak with a Portland brain injury lawyer well before any deadline approaches.
Modified comparative fault
Oregon follows a modified comparative negligence rule. You can still recover damages even if you were partly to blame, as long as you were not more at fault than the other party. If you are found 50 percent or less at fault, your recovery is reduced by your percentage of fault; if you are found 51 percent or more at fault, you recover nothing. This is largely why insurers work so hard to shift blame onto injured people.
Damages available in a brain injury claim
Oregon law allows brain injury victims to recover both economic damages (past and future medical bills, rehabilitation, lost income, and lost earning capacity) and non-economic damages, including pain and suffering, disfigurement, and the loss of enjoyment and quality of life. In cases of egregious negligence, Oregon law may also allow punitive damages.
Frequently Asked Questions
How long do I have to file a brain injury claim in Oregon?
Generally two (2) years from the date of injury under ORS 12.110. Because traumatic brain injuries are not always apparent right away, the “discovery rule” may extend that deadline, and claims against a government entity require written notice within 180 days. Since exceptions vary, it is safest to consult an attorney as soon as possible.
What is my brain injury case worth?
While no lawyer can promise a dollar value at the outset of your case, all claims depend on the severity of the injury, the strength of the evidence, the available insurance, and how the harm has changed your life.
A full recovery generally accounts for past and future medical bills, lost income and earning capacity, and non-economic damages such as pain and suffering, disfigurement, and loss of quality of life. Oregon law may also allow punitive damages in cases of egregious negligence.
How do I know if I have a brain injury case?
If someone else’s negligence caused your injury, you likely have legal options. Brain injuries frequently arise from car accidents, falls, workplace incidents, and medical negligence. The best way to understand your options is a free case evaluation with an attorney who handles brain injury cases.
Will insurance pay my medical bills?
Often, at least at first. When a brain injury results from a car accident, Oregon’s mandatory PIP coverage pays reasonable medical expenses and a portion of lost wages regardless of who caused the crash, up to your policy’s limits. Other sources of coverage may also apply depending on how the injury occurred.
Should I accept the insurance company’s first offer?
Always talk to an attorney before accepting an insurance settlement. Early offers are typically made before the full extent of a brain injury and its future costs are known, and once you sign a release you cannot reopen the claim. Have a lawyer review any offer first.
How much does it cost to hire a brain injury lawyer?
We handle brain injury cases on a contingency fee, which means there is no upfront cost and no fee unless we recover for you. Our initial consultation is always free and we never ask for a retainer to work together.
Do I need a lawyer for a brain injury claim?
In many cases, yes. If you are facing a serious brain injury, disputed fault, or significant losses, experienced legal representation typically results in a meaningfully larger net recovery, even after legal fees are considered.
Injured? Talk to a Portland Brain Injury Attorney Today
If you or someone you love has suffered a brain injury, you do not have to face the insurance company alone. Oregon law sets strict deadlines for bringing an injury claim, so the sooner you call, the more we can do to protect your rights.
Call for a free consultation with Barton Trial Attorneys. We take no fee unless we win.
Barton Trial Attorneys: Where you’re not a file. You’re family.