Pennsylvania Brain Injury Lawyer
Did you or a loved one suffer from a traumatic brain injury (TBI) caused by someone else’s negligence? An experienced Pennsylvania brain injury lawyer from Cordisco & Saile can help get you the compensation and justice you deserve.
This page has been written and edited by a team of experienced legal writers . This page was approved by Managing Partner, Michael Saile who has more than 20 years of legal experience as a personal injury attorney.
This page has been written and edited by a team of experienced legal writers . This page was approved by Managing Partner, Michael Saile who has more than 20 years of legal experience as a personal injury attorney.
- Last Modified:
- February 28, 2024
Brain injuries are often caused by a direct hit to the skull. The severity of a head injury can range from a mild to a severe. While most injuries fall into the mild category, severe brain injuries can cause catastrophic damage or even death. The 2021 statistics compiled by the Pennsylvania Department of Health revealed that 543,288 people in Pennsylvania live with disabilities due to brain injury.
If you have sustained a brain injury as a result of someone else’s carelessness, you may be entitled to substantial compensation. Our personal injury lawyers have been helping brain injury victims for more than 30 years. Our extensive knowledge and experience dealing with insurance companies has helped us recover millions for our clients.
- Cordisco & Saile Fights for Pennsylvania Brain Injury Victims
- How can a Philadelphia brain injury lawyer help?
- What is traumatic brain injury?
- What is a nontraumatic brain injury?
- Types of Traumatic Brain Injuries
- Classifications of Traumatic Brain Injuries
- Causes of Brain Injuries
- Brain Injury Effects
- Brain Injury Prognosis
- Recoverable Damages for Brain Injury Victims
- Who can be held responsible in a brain injury case?
- How much time do I have to file a brain injury claim in Pennsylvania?
- How much does a Pennsylvania brain injury attorney cost?
- Contact Cordisco & Saile LLC for a Free Consultation
- Frequently Asked Questions
Cordisco & Saile Fights for Pennsylvania Brain Injury Victims
Cordisco & Saile is a client-centered law firm that prides itself on its commitment to putting people first. As a result, we have a 5-star Google review rating comprising reviews like the following from our satisfied clients:
"Mr. Saile and his team worked diligently on my case, which ultimately led to a successful settlement. My case met some time-sensitive challenges along the way. Mr. Saile and his staff met every challenge. The entire team communicated with me regularly and promptly answered any questions that I had throughout the process. Mr. Saile and his team are kindhearted and trustworthy individuals who have compassion for their clients and a passion for their job. I highly recommend Cordisco & Saile LLC.” — Elizabeth E.
The average brain injury settlement can vary but our client-first approach has enabled us to achieve remarkable results for our clients during their most difficult times.
In a recent case, we successfully negotiated a $10 million settlement for a tow truck driver who suffered multiple injuries, including a traumatic brain injury with a subdural hemorrhage.
He was struck in the head by a commercial truck mirror while assisting a disabled truck on the shoulder of the road. Our investigation helped determine that the truck driver was improperly trained.
Our dedication to clients has won us the respect and admiration of the legal community. As a result, we have been recognized by the National Association of Distinguished Counsel as one of the nation’s top one percent of law firms.
With a lawyer from Cordisco & Saile on your side, you can rest assured that you are in the hands of a passionate attorney with proven experience.
How can a Philadelphia brain injury lawyer help?
If you have sustained a brain injury due to someone else’s negligence, a Pennsylvania personal injury attorney at Cordisco & Saile will go to any lengths to obtain a fair and reasonable settlement or try your case in front of a jury.
Before we file your case, we will retain expert medical consultants, professional witnesses, and accident reconstructionists to ensure we have the necessary information to prove your case.
What is traumatic brain injury?
A traumatic brain injury is an alteration in brain function due to an external force, such as a jolt, bump, or blow to the head.
What is a nontraumatic brain injury?
A nontraumatic brain injury is an alteration in brain function that stems from internal causes, such as illnesses or oxygen deprivation. Oxygen deprivation includes insufficient oxygen, known as hypoxic brain injury, or a complete lack of oxygen, known as anoxic brain injury.
Types of Traumatic Brain Injuries
According to Flint Rehab, a brain injury can occur from a bruise, hemorrhage, blood clot (hematoma), or tearing of the brain tissue. The effects of these injuries vary depending on the region of the brain impacted and the severity of the damage.
Contusions
Contusion is another word for bruise. A brain bruise is a mild form of bleeding in the brain, which can sometimes self-resolve without long-term effects. A Contusion shouldn’t be confused with a concussion since they are different in many ways.
Hemorrhages
A brain hemorrhage is uncontrolled bleeding in the brain. This serious injury can result in severe brain damage and excessive blood loss.
Intracranial Hematomas
An intracranial hematoma is a collection of blood outside the blood vessels, which may develop days or weeks following the initial injury. Hematomas occur in the protective layers of tissue between the brain and the skull.
Coup-Contrecoup Brain Injury
A coup-contrecoup brain injury is characterized by two separate injuries caused by a blow and a subsequent counterblow on opposite sides of the brain. This occurs when the brain moves within the skull due to a sudden impact, then bounces back.
Diffuse Axonal Injury
A diffuse axonal injury is a serious injury that occurs when the brain is shaken and twisted, causing the brain tissues to tear. These tears disrupt signals in the brain, resulting in a loss of function. The tears may be microscopic, making them difficult or impossible to detect on imaging tests.
Classifications of Traumatic Brain Injuries
Traumatic brain injuries can be further classified according to their severity and mechanism of injury.
Severity of Traumatic Brain Injury
A traumatic brain injury is diagnosed as mild, moderate, severe, or a persistent vegetative state. The severity of traumatic brain injuryf is measured using the Glasgow Coma Scale, which assesses a patient’s level of consciousness following a traumatic brain injury. Lower scores indicate higher severity.
Mechanisms of Injury
The three mechanisms of injury leading to traumatic injury are penetrating, blunt, and blast.
- Penetrating injury: This type of brain injury occurs when sharp objects or broken skull bones pierce the brain.
- Blunt injury: Also known as a closed injury, blunt injury occurs when the brain is injured through a jolt or blow that does not penetrate the skull.
- Blast injury: Explosions result in blast injuries.
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Causes of Brain Injuries
Brain injuries may be due to traffic accidents, falls, medical malpractice, violence, near-drownings, or exposure to toxins.
Traffic Accidents
A car accident can result in brain injuries due to the force of a jolt alone. Brain injuries in a car accident may occur from hitting your head on the steering wheel or dash, being hit by airborne objects within the vehicle, or being thrown from the vehicle.
Vulnerable Roadway Users
The most vulnerable roadway users are motorcyclists, bicyclists, and pedestrians. They are more likely to hit their head against a hard surface, and they lack the protection of a motor vehicle. Wearing a helmet is the best protection against serious brain injuries in bicycle and motorcycle accidents.
Commercial Vehicle Accidents
Commercial vehicles are generally larger and heavier than cars, creating a higher risk of serious injury in the event of an accident. This includes serious head injuries from a heightened impact. Commercial vehicle accidents include truck and bus accidents.
Slips and Falls
According to the Centers for Disease Control and Prevention, falls account for nearly half of hospitalizations related to traumatic brain injury. Slips and falls can impact anyone at any age. Older adults and children are most at risk of brain injuries from falls.
Medical Malpractice
Nontraumatic brain injury is more common in medical malpractice cases, but traumatic brain injuries can also occur. Traumatic brain injuries may occur from the following:
- Birth injuries, such as skull fractures
- Nursing home abuse
- Falls due to improper supervision
Nontraumatic brain injury may occur from the following forms of medical malpractice:
- Birth injuries that involve lack of oxygen
- Surgical errors
- Anesthesia errors
- Medication errors
- Nursing home neglect
- Infections
Swimming Accidents
Near-drownings can result in nontraumatic brain injuries due to oxygen deprivation that occurs when the victim loses the ability to breathe for an extended period. This may occur when a swimming pool owner fails to properly secure the pool.
Workplace Accidents
Accidents in the workplace may lead to traumatic or nontraumatic brain injuries. The construction industry has especially high risks compared to other industries. Brain injuries in the workplace may occur from:
- Slips, trips, and falls, especially falls from heights
- Electrocution
- Exposure to toxic substances
- Being struck by or against an object
Brain Injury Effects
According to Johns Hopkins Medicine, every brain injury is unique and will affect each person differently. Some of the most common short-term and long-term effects include:
- Memory deficits
- Inability to understand abstract concepts
- Decreased awareness
- Paralysis or weakness
- Problems swallowing
- Changes in hearing, vision, taste, smell, and touch
- Communication and language impairments
- Inability to drive or operate machinery
- Impaired social capacity
- Loss of control over bodily functions
- Personality or psychiatric changes
The most severe cases can result in traumatic epilepsy, coma, or a vegetative state.
Brain Injury Prognosis
Doctors may not be able to determine the extent of potential recovery for years after the injury. Brain cells generally do not regenerate. However, the brain may reroute information through alternative pathways to compensate for the damage. Younger people experience this more frequently. Recovery may take years or a lifetime.
Recoverable Damages for Brain Injury Victims
Personal injury damages are generally highest for severe and permanently disabling injuries. Brain injury survivors often face a lifetime disability with a significantly reduced quality of life. This could result in substantial compensation, including the following types of damages:
- Economic damages: compensation for monetary damages, including medical expenses and lost wages
- Non-economic damages: compensation for pain and suffering
- Punitive damages: compensation intended to punish the at-fault party for intentional or grossly negligent conduct
Lost wages and medical expenses can include future losses. Pennsylvania does not limit the damages you can recover, except in specific cases, including the following:
- Claims against the state are limited to $250,000.
- Claims against a local government are limited to $500,000.
Can I collect damages if my loved one died from a brain injury?
Wrongful death damages are available to the spouse and children of the deceased and may include:
- Medical expenses of the deceased
- Lost wages and future earnings of the deceased
- Loss of support, guidance, companionship, and comfort
- Pain and suffering of the deceased
- Punitive damages, when applicable
Pennsylvania law limits punitive damages in wrongful death cases to twice the total economic and non-economic damages. A wrongful death lawyer can offer more guidance for filing a lawsuit for the death of a loved one.
Who can be held responsible in a brain injury case?
Liability in a brain injury case is often contested and requires a detailed investigation of the accident that precipitated the injury.
Slips and Falls
Slipping and falling on someone else’s property can place liability on the property owner or employer and involve a workers’ compensation claim, depending on your reason for being on the property and the cause of your slip and fall.
Property owners cannot be held liable for falls unless the victim can establish that the property owner’s negligence precipitated their fall.
Motor Vehicle Accidents
More than one party can be liable for a motor vehicle accident. An experienced car accident attorney can determine fault. The following parties may be liable in a motor vehicle accident:
- The other driver
- The manufacturer of defective automobile parts
- A negligent automobile mechanic
- Government entities responsible for the road condition
- Negligent bar owners who overserved alcoholic beverages and facilitated drinking and driving
In the event of a commercial motor vehicle accident, the trucking company may also be held liable.
Medical Malpractice
Medical malpractice cases stem from any licensed health care provider who causes or contributes to a brain injury by failing to provide a reasonable standard of care. Potentially liable health care providers include:
- Doctors
- Nurses
- Pharmacists
- Hospitals
- Health care facilities
How much time do I have to file a brain injury claim in Pennsylvania?
Most personal injury cases in Pennsylvania carry a two-year statute of limitations, but some exceptions exist. If the liable party is a government entity, the deadline is six months. The statute of limitations can be extended in some cases.
Regardless of the time frame, promptly contacting a Pennsylvania brain injury attorney is critical. Your attorney will need access to evidence as soon as possible after the accident to build a sound case.
How much does a Pennsylvania brain injury attorney cost?
Cordisco & Saile operates on a contingency basis, which means we absorb your case costs and risks. You owe us nothing unless we successfully recover compensation for you. This arrangement ensures that you have access to justice regardless of your financial situation.
Contact Cordisco & Saile LLC for a Free Consultation
We are proud to announce the selection of one of our attorneys, Michael Saile, to the Brain Injury Association of America’s (BIAA) Preferred Attorneys Program. This is an exclusive database comprised of expert brain injury lawyers practicing in personal injury. Cordisco & Saile LLC has been selected as a personal injury expert in Pennsylvania.
If you or your loved one sustained a brain injury because of someone else’s negligence, you can count on Cordisco & Saile to aggressively pursue maximum compensation through every possible avenue. Time is of the essence. Contact us today for a free consultation.
Our brain injury attorneys are available to help you in cities around the state. Get directions to one of our 7 locations:
$2.9 million
which involved a client who suffered a traumatic brain injury after a motorcycle accident
$10 million
after the client sustained multiple injuries, including a traumatic brain injury
Frequently Asked Questions
Below are answers to questions we frequently receive.
Is a concussion a brain injury?
A concussion is a mild traumatic brain injury. However, all brain injuries, including concussions, are serious and can have severe consequences, especially without medical treatment. If you or someone you know experienced a head injury, take our concussion quiz.
Should I accept the insurance company’s settlement offer?
Calculating your case value requires a thorough analysis by an experienced attorney, often with the help of industry experts. Insurance companies represent their own interests, so it is critical to have an experienced personal injury attorney review your settlement offers before you accept.
Will my traumatic brain injury case go to trial?
Cordisco & Saile works hard to spare clients the trial process. We are most often able to settle. However, we are always prepared to take your case to court. We will advise you on your best course of action and proceed according to your wishes.
What if I am partly at fault for the accident?
Never accept blame until your attorney investigates and confirms that you are partly at fault. Law enforcement and insurance company determinations are not final.
Pennsylvania’s comparative negligence law allows you to recover compensation as long as your share of the fault is 50 percent or less. However, your compensation will be reduced in proportion to your share of the fault.
An exception under the Fair Share Act makes the defendant responsible for the entire accident if the defendant’s share of the fault is 60 percent or more.
Can I still recover compensation if I wasn’t wearing a helmet?
Pennsylvania motorcycle helmet laws do not require adults 21 and older to wear helmets. However, a defendant could argue that failure to wear one contributed to your injuries, and this could reduce your compensation.
Your decision to ride without a helmet doesn’t make the driver who hit you less negligent. A qualified Pennsylvania brain injury lawyer can determine what effect, if any, riding without a helmet may have on your compensation.
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