The Indiana traumatic brain injury lawyers from Vaughn & Vaughn are ready to fight for your rights and pursue the compensation you may be eligible for under the law.
A severe head injury changes life instantly for families in Lafayette, Indianapolis, and across Indiana. Many people try to handle these claims alone before finding out that insurance companies fight hard to minimize brain injury cases.
Balancing medical care and rehabilitation while bills pile up and insurance adjusters press for a quick statement is tricky. Navigating these complex medical and legal disputes without the help of an Indiana traumatic brain injury lawyer places a heavy burden on you when you need rest the most.
Vaughan & Vaughan provides the legal support you need to protect your future. Our legal team understands the long-term reality of these injuries and can build a claim to address all of your future needs. Call us today at (765) 202-9807 for a free consultation, or contact our team online.
Why Choose the Indiana TBI Lawyers from Vaughan & Vaughan?
When you need a law firm that knows Indiana and cares about its residents, you need Vaughan & Vaughan. We pair our commitment to injured Hoosiers with a deep understanding of state law.
In-House Investigative and Medical Knowledge
The team at Vaughan & Vaughan builds your case with unique internal resources. Our team includes a former police lieutenant who can investigate your crash to secure evidence, but we also employ a full-time Licensed Practical Nurse (LPN) who helps review your medical records to identify the full scope of your long-term care needs.
A Legacy of Service
Our firm has served Indiana since 1913. We’re a 4th-generation trial law firm, and our owner, Charles V. Vaughan, is a Board Certified Trial Lawyer and a Professor of Trial Advocacy. We prepare every case as if it will go to trial because we’re serious about your financial recovery.
Local Roots and Accessibility
We maintain offices in Lafayette, Indianapolis, Anderson, Carmel, Muncie, Evansville, and Kokomo. We prioritize our clients, handling fewer cases than other firms, so we can spend more time on each case. You’ll never have to wonder what is happening with your case.
Call Vaughan & Vaughan today at (765) 202-9807 or fill out our online contact form to start your free case review.
Your Case Will Get
The Attention It Deserves
How an Indiana Traumatic Brain Injury Lawyer Builds a Strong Case for Compensation
Proving a traumatic brain injury (TBI) requires more than a police report. You need a legal team that understands the medical science behind the injury. Accidents on major roads like I-65 or I-69 often involve high speeds, which can cause the brain to slam against the inside of the skull. A TBI can happen even if your head never hits the steering wheel.
Our team handles every aspect of your claim. We prioritize your health and pursue compensation aggressively so you can get the care you need.
Here are the common steps in the claims process:
- Initial Investigation: Our team investigates the accident that caused your TBI. We can interview witnesses and examine the police report to establish who caused the accident. Surveillance footage and digital data from the involved vehicles often help our team determine fault.
- Medical Review: Our staff analyzes your treatment records to understand the severity of the brain injury and the necessary future care. We can work with outside medical professionals to account for your future needs.
- Negotiations: Your Indiana traumatic brain injury lawyer sends a detailed demand letter to the insurance company and negotiates to reach a fair settlement offer.
- Litigation: If the insurer denies fair payment, we can file a lawsuit and take your case to trial if necessary.
Our team will keep you informed at every step, and you’ll always make the final decision on whether to accept a settlement. We provide you with our professional advice, but the choice is yours. We’ll explain the risks and benefits of every option clearly so you can choose the best path for your family.
Shielding Your From Insurance Companies
Insurance companies aim to pay as little as possible and assign skilled adjusters to handle high-value brain injury claims. These adjusters often try to trap victims, often asking for a recorded statement, hoping they’ll say something that hurts their case.
They also look for pre-existing conditions. If you played sports in high school or had a minor concussion years ago, they may blame your current symptoms on that old injury. Your Indiana traumatic brain injury lawyer fights back against these arguments.
Our team knows how to show how your life was stable before the crash and how it changed immediately after. We’ll protect you from aggressive questions and handle all communication with the insurer. This allows you to focus on your medical appointments and your family.
Litigation and Trial Preparation
Most personal injury cases settle out of court. However, brain injury cases often require litigation. Insurance companies may refuse to offer a fair amount because the damages are so high. If they refuse to pay a fair amount, we can file a lawsuit.
Filing a suit doesn’t mean you will definitely go to court. It starts a legal process called discovery. During discovery, we can demand internal documents from the defendant. We can question the at-fault driver under oath in a deposition. This process often reveals evidence that forces the insurance company to re-evaluate its position.
If they still refuse to settle, your Indiana TBI lawyer can present your case to a jury. With over a hundred years of fighting for injured Hoosiers, Vaughan & Vaughan is ready to fight for your rights, too.
There is no fee
unless you win
Calculating the True Cost of a Traumatic Brain Injury
A brain injury brings immediate bills for emergency care and surgery. However, the highest costs often come later. You might need years of physical, occupational, or speech therapy. You may need in-home care or modifications to your house.
An Indiana traumatic brain injury lawyer knows how to calculate these future expenses accurately. Our team can collaborate with life care planners to create a detailed report of the care you’ll likely need for the rest of your life.
Potential compensation includes:
- Medical Expenses: You may recover costs for past and future hospital stays, surgeries, medication, and rehabilitation therapies.
- Lost Income: We calculate the wages you lost while recovering from the head injury and the difference in your future earning capacity if you cannot return to your previous career.
- Pain and Suffering: The law allows you to seek compensation for the physical pain and emotional distress caused by the injury and the recovery process. Your TBI can also address whether you can no longer enjoy pastimes, too.
- Loss of Consortium: Your spouse may have a claim for the loss of companionship, affection, and assistance that results from your injury.
We prepare a comprehensive demand package that lists every single loss. We don’t guess at these numbers. We use receipts, employment records, witness testimony, and expert reports to support every penny we request. This documentation makes it difficult for the insurance company to dismiss your claim.
Why Auto and Truck Accidents in Indiana Cause Severe TBIs
The force involved in a car or truck crash creates a specific type of danger for the brain. When a vehicle stops suddenly, the brain continues to move forward. It strikes the front of the skull and then rebounds to hit the back. This motion bruises the brain tissue.
Large commercial trucks pose an even greater risk. A fully loaded semi-truck weighs up to 80,000 pounds. The impact transfers massive energy to your vehicle and can cause the brain to rotate within the skull, tearing nerve fibers.
The Challenge of Invisible Injuries
A broken bone shows up clearly on an X-ray. Brain injuries are different. A standard MRI or CT scan often looks normal, even when a person suffers from severe cognitive issues. This is common with diffuse axonal injury, where the damage occurs at a microscopic level.
Insurance adjusters use these “negative” scans to deny claims. They might even say that you’re faking your symptoms or that your problems come from stress. An Indiana traumatic brain injury lawyer can counter these tactics with evidence.
Factors that strengthen a TBI claim
- Witness Statements: Bystanders who saw the crash can testify to the speed of the other vehicle and the violence of the impact.
- Electronic Data: We use information from the vehicle’s Event Data Recorder to prove speed, braking, and steering inputs at the moment of the crash.
- Medical Chronology: Our team organizes your medical records to show a clear timeline connecting the accident directly to your symptoms.
- Dash Cam Footage: Video evidence from your car or nearby businesses can provide undeniable proof of how the collision occurred.
Our team acts quickly to preserve this evidence. Trucking companies often delete data or repair vehicles soon after a crash. Your Indiana TBI attorney sends preservation letters to put them on notice and demand that they preserve the proof.
In some cases, we may use Diffusion Tensor Imaging (DTI) or neuropsychological testing to reveal how the injury affects your brain function and processing speed. We also rely on testimony from your family, friends, and co-workers. These people observe the daily changes in your personality and functioning, and their stories provide powerful evidence of your loss.
Long-Term Care and Guardianship
Severe brain injuries sometimes leave a victim unable to manage their own affairs. A family member may need to step in as a guardian. This adds another layer of legal complexity. You may need to set up a special needs trust to protect the settlement funds. This can help the funds pay for medical care without costing the victim eligibility for government benefits.
Vaughan & Vaughan guides families through these difficult decisions and can connect you with financial planners and probate attorneys if necessary. We want to ensure the settlement lasts for the victim’s lifetime. Our goal is to provide peace of mind that your loved one will have care, no matter what the future holds.
FAQ for Indiana Traumatic Brain Injury Lawyer
Does a Prior Head Injury Hurt My TBI Case?
You may still file a claim even if you had a concussion in the past. The law holds the at-fault driver responsible for any new harm or worsening of an old injury. We use medical professionals to distinguish between your past health and your current condition.
How Does an Indiana Traumatic Brain Injury Lawyer Help My Claim?
An Indiana traumatic brain injury lawyer manages all aspects of your claim. We investigate the accident to prove fault, gather medical records to prove the severity of the injury, and calculate the total lifetime cost of your care. Our team handles all talks with insurance companies, so you don’t have to.
Can I Still Recover Compensation if My MRI Is Normal?
You may still recover damages even if your MRI or CT scan appears normal. Many brain injuries, such as concussions or diffuse axonal injuries, may not show up on standard imaging scans. Other evidence can prove your injury, including neuropsychological test results, witness testimony from family and friends, and employment records showing a decline in performance.
How Long Do I Have To File a TBI Claim in Indiana?
Indiana law sets a strict two-year deadline for filing personal injury lawsuits called the statute of limitations. Your clock usually starts on the date of the accident. If you miss this deadline, you may lose your right to recover anything. Contact an Indiana TBI attorney as soon as possible to preserve evidence and file on time.
Who Can File a Lawsuit if the TBI Victim Cannot Act for Themselves?
If the brain injury leaves the victim incapacitated, a family member or court-appointed guardian may file on their behalf. If the victim is a child, a parent or legal guardian files the claim. We help families determine the correct person to act as the plaintiff.
Protect Your Future After a TBI in Indiana
A traumatic brain injury requires a legal team that acts with precision, compassion, and authority. You need a partner who understands medical science and the tactics insurance companies use to deny valid claims.
At Vaughan & Vaughan, we use our experience, our in-house medical staff, and our trial background to stand up for you. We take the weight of the legal battle off your shoulders. Call our Indiana traumatic brain injury attorneys at (765) 202-9807 or complete our online contact form for your free consultation.
