Your teenager takes a hard hit during a Friday night football game. The trainer says he seems fine, but two days later he can’t remember what day it is, can’t tolerate light, and has a headache that won’t break. The ER scan reveals a traumatic brain injury — and the neurologist tells you the damage to brain function may not fully heal for months or years, if it heals at all.
Brain injuries are among the most devastating and unpredictable forms of harm a person can suffer. According to the CDC, approximately 2.8 million traumatic brain injuries occur in the United States each year, resulting in nearly 50,000 deaths and hundreds of thousands of hospitalizations. If you or a loved one suffered a brain injury due to someone else’s negligence, a brain injury lawyer at our law firm can fight for the compensation you deserve.
What Causes Traumatic Brain Injuries?
Traumatic brain injuries result from any external force that disrupts normal brain function — a blow to the head, a violent jolt, or a penetrating wound to the skull. In the Oklahoma City area, car accidents are the leading cause for adults, while falls cause most brain injuries in children and seniors. Identifying the cause matters because it determines who is legally responsible and what compensation you can pursue.
A brain injury occurs when external force disrupts normal function — whether from a blow to the head, a sudden jolt, or an object penetrating the skull. The most common causes of traumatic brain injuries in the Oklahoma City area include:
- Motor vehicle accidents — the leading cause of serious brain injuries in adults
- Falls — the primary cause of brain injuries in children and seniors
- Sports collisions — football, soccer, and contact sports produce repeated head trauma
- Pedestrian and bicycle accidents — where the head often strikes the vehicle or pavement
- Workplace accidents — falling objects, explosions, and industrial mishaps
- Medical malpractice — surgical errors, birth injuries, or anesthesia mistakes that deprive the brain of oxygen
Every type of brain injury demands immediate medical attention. Even a “mild” concussion can have lasting consequences if not properly diagnosed and treated. Delaying care not only risks your health — it gives the insurance company an argument that your injuries aren’t as serious as you claim.
What Are the Different Types of Brain Injuries?
The five main types of traumatic brain injuries are concussions, contusions, diffuse axonal injuries, penetrating injuries, and hypoxic brain injuries. Each type varies in severity and long-term prognosis. The classification of your injury directly affects your medical treatment plan, expected recovery timeline, and the compensation available in a personal injury claim.
Not all brain injuries are alike. The severity, location, and classification of the brain injury determine the long-term prognosis and the compensation a victim may recover. Common categories of brain injuries include:
- Concussions — the most common form, ranging from mild to significant brain trauma that disrupts normal cognition
- Contusions — bruising of brain tissue that may require surgical intervention
- Diffuse axonal injuries — caused by rotational forces that tear nerve fibers throughout the brain, often producing coma or permanent disability
- Penetrating injuries — when a foreign object enters the skull, causing localized but often devastating brain damage
- Hypoxic brain injuries — resulting from oxygen deprivation due to near-drowning, provider negligence, or cardiac arrest
According to the National Institute of Neurological Disorders and Stroke, even moderate traumatic brain injuries can produce permanent changes in personality, emotional regulation, memory, and cognitive ability. A brain injury may affect everything from the victim’s capacity to work to their ability to maintain relationships — harm that extends far beyond what any medical scan can capture.
| Severity | GCS Score | Loss of Consciousness | Typical Outcomes |
|---|---|---|---|
| Mild (concussion) | 13–15 | 0–30 minutes | Most recover within weeks to months; some develop persistent post-concussion symptoms |
| Moderate | 9–12 | 30 minutes – 24 hours | Lasting cognitive deficits common; may require months of rehabilitation |
| Severe | 3–8 | Over 24 hours | Permanent disability likely; may result in coma, vegetative state, or death |
What Are the Warning Signs of a Brain Injury?
The most critical warning signs of a brain injury include persistent headaches, confusion, memory loss, slurred speech, nausea, sensitivity to light, personality changes, and seizures. These symptoms may appear immediately or develop hours to days after the initial trauma. Any head injury followed by cognitive or behavioral changes warrants emergency medical evaluation, even if initial symptoms seem mild.
Head injuries don’t always present obvious symptoms immediately. Some brain injury victims feel fine for hours or days before the full impact becomes apparent. Warning signs to watch for include:
- Persistent or worsening headaches
- Confusion, memory loss, or difficulty concentrating
- Nausea, vomiting, or dizziness
- Slurred speech or difficulty finding words
- Sensitivity to light and sound
- Changes in mood, personality, or sleep patterns
- Seizures, loss of consciousness, or clear fluid from the nose or ears
If you or someone you know displays any of these symptoms after a blow to the head, seek emergency medical care immediately. Documenting your symptoms from day one creates the medical record your attorney needs to build the strongest possible case.
What Should You Do After a Brain Injury?
After a suspected brain injury, call 911 immediately, go to the emergency room, request brain imaging (CT scan and MRI), and begin documenting your symptoms from day one. Do not give a recorded statement to any insurance adjuster before speaking with an attorney. These six steps preserve both your health and the evidence your lawyer needs to build the strongest possible claim.
- Call 911 and get to an emergency room — adrenaline masks pain, and internal bleeding or swelling can worsen within hours
- Request brain imaging — CT scans detect bleeding and fractures; MRIs reveal soft tissue damage that CT scans miss
- Document everything from day one — photograph your injuries, save discharge paperwork, and keep a daily symptom journal
- Follow up with a neurologist — emergency rooms stabilize patients but rarely provide the detailed cognitive testing that reveals the full extent of brain injuries
- Do not give a recorded statement to any insurance adjuster — anything you say can be used to minimize or deny your claim
- Contact a lawyer before signing anything — early legal guidance protects critical evidence and prevents costly mistakes
These steps build the evidentiary foundation for your case. The sooner you act, the stronger your position when pursuing compensation for brain injuries caused by another person’s negligence. Many victims wait too long — assuming symptoms will resolve on their own — only to discover that critical surveillance footage has been erased or witnesses can no longer recall what they saw. Time works against you in these situations, and early action protects both your health and your legal rights.
How Do Brain Injuries Affect Families?
Brain injuries affect entire families, not just the person who was hurt. Family members often become full-time caregivers, managing medications, therapy schedules, and home modifications while coping with permanent changes in their loved one’s personality and abilities. Oklahoma law recognizes this burden through loss of consortium and companionship claims, which allow family members to seek separate compensation for the relationship they lost.
The consequences of traumatic brain injuries reach far beyond the person who was hurt. Families often become full-time caregivers overnight — managing medications, driving to therapy appointments, and adapting their homes for someone whose personality, memory, and physical abilities have fundamentally changed. Children who suffer brain injuries may need years of specialized education and therapy. Spouses frequently report that the person they married is, in many ways, gone.
When a brain injury leads to death, surviving family members can pursue a wrongful death action to recover funeral costs, loss of companionship, and the income the deceased would have provided. Brain injuries that cause permanent disability often qualify as catastrophic harm under Oklahoma law — a distinction that affects both the damages available and the legal strategy your attorney will pursue.
The emotional and financial burden on families is often as devastating as the physical harm itself. Many caregivers are forced to leave their jobs, drain savings, and restructure their entire lives around the injured person’s needs. Oklahoma law recognizes this reality — loss of consortium and loss of companionship claims allow family members to seek compensation for the relationship they lost. These claims are separate from the injured person’s own damages and can significantly increase the total recovery.
Compensation for Brain Injuries in Oklahoma
Under 23 O.S. Section 61.2, Oklahoma law recognizes economic, noneconomic, and punitive damages for brain injury victims. The financial toll of a brain injury is staggering. Lifetime care costs for a severe brain injury can exceed $3 million when accounting for hospitalization, rehabilitation, cognitive therapy, medication, and lost income. Your personal injury case value depends on the specific harm you’ve suffered:
- Economic damages: medical bills, future treatment costs, lost wages, and diminished earning capacity
- Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship
- Punitive damages: available when the responsible party acted with reckless or intentional disregard for safety
| Damage Category | What It Covers | Cap / Limit |
|---|---|---|
| Economic damages | Medical bills, future treatment, lost wages, diminished earning capacity, life-care costs | No cap |
| Non-economic damages | Pain and suffering, emotional distress, loss of enjoyment of life, loss of companionship | $500,000 cap (23 O.S. § 61.3); exceptions for severe physical injury, recklessness, gross negligence, fraud, or intentional conduct |
| Non-economic — permanent mental injury | Permanent cognitive or psychological impairment from brain injury | Separate $1,000,000 cap |
| Punitive damages | Punishment for reckless or intentional misconduct | Greater of $100,000 or actual damages awarded |
Medical malpractice cases involving brain injuries often produce some of the largest verdicts because the harm is both devastating and clearly preventable. Whether your injury resulted from a car accident, a fall, or a medical error, an oklahoma city traumatic brain injury attorney at our firm evaluates every element of harm to ensure nothing is overlooked.
Oklahoma’s Filing Deadline for Brain Injuries
The statute of limitations under 12 O.S. Section 95(A)(3) gives you two years from the date of injury to file a personal injury action in Oklahoma. For brain injuries, this deadline can be complicated — symptoms may not appear immediately, and victims with cognitive impairment may not recognize they have a legal claim. Acting quickly protects your rights and preserves critical evidence. If you believe medical malpractice caused the harm, a separate one-year notice requirement may apply to government entities.
The 2025 Cap on Non-Economic Awards
Starting September 2025, SB 453 caps non-economic damages at $500,000 in most cases. However, the cap does not apply to severe physical injuries, and cases involving reckless conduct, gross negligence, fraud, or intentional wrongdoing are fully exempt. A separate $1 million threshold applies to permanent mental injuries — a category that directly covers many brain injuries. Our lawyers analyze the specifics of your situation to determine which limits apply and how to maximize your recovery.
How Our Oklahoma City Brain Injury Attorneys Handle Your Case
At our law firm, our lead lawyer and legal team bring the medical knowledge and legal resources these complex injury claims demand. We:
- Work with neurologists, neuropsychologists, and rehabilitation specialists to document the full scope of your harm
- Retain life-care planners and economists to calculate your lifetime costs
- Gather medical records, accident reports, and expert testimony to establish liability
- Handle all communication with insurance carriers so you can focus on recovery
Studies consistently show that people who hire an attorney for serious injury claims recover significantly more than those who negotiate alone — even after legal fees. We work on a contingency fee basis: you pay nothing unless we win.
Questions About Brain Injuries in Oklahoma
What should I do if I suspect a brain injury after an accident?
Get to an emergency room immediately. Even if symptoms seem minor, a brain injury can worsen rapidly without treatment. Request imaging — CT scans and MRIs can detect bleeding, swelling, or structural damage that isn’t visible from the outside. Document your symptoms daily and follow up with a neurologist. This medical record becomes the foundation of your brain injury claim.
Can I recover damages if I was partly responsible for the accident?
Yes. Oklahoma follows a modified comparative negligence rule. Under Oklahoma’s modified comparative negligence rule (23 O.S. Section 13), your recovery is reduced by your percentage of fault, but you can still collect as long as you were less than 51% responsible. For instance, if a jury finds you 25% at fault and the total damages are $2 million, you would still receive $1.5 million.
How much is a brain injury case worth?
The value depends on the severity and permanence of the harm, your medical costs, lost income, and the circumstances of the accident. Serious brain injuries that produce permanent cognitive or physical limitations often result in seven-figure recoveries. Our brain injury attorney team evaluates every element of your situation to determine what your claim truly supports.
What if my symptoms appeared days or weeks after the accident?
Delayed symptoms are common with brain injuries. The insurance company may try to argue that the gap between the accident and your diagnosis means the injury isn’t related. An experienced attorney knows how to counter this argument using medical evidence showing that delayed onset is a well-documented characteristic of traumatic brain injuries.
Can I file a claim if a medical error caused the harm?
Yes. Medical malpractice brain injuries — from surgical errors, anesthesia mistakes, or failure to diagnose — follow a different legal framework but are fully actionable in Oklahoma. These cases require expert medical testimony proving the provider fell below the standard of care. Our attorneys handle both accident-related and malpractice-related brain injuries across the OKC metro.
| Factor | Detail |
|---|---|
| Statute of limitations | 2 years from date of injury (12 O.S. § 95) |
| Comparative fault bar | No recovery if 51% or more at fault (23 O.S. § 13) |
| Attorney fees | Contingency — no fee unless you win |
| Initial consultation | Free, no obligation |
Get the Help You Need Now
Call (405) 605-2426 for a free consultation with a lawyer at Hasbrook & Hasbrook. We’ll review your situation, explain your legal options, and tell you what we think your case is worth — at no cost and no obligation. Brain injuries change lives permanently, and brain injury victims deserve a legal team that understands the full scope of the harm and fights for every dollar of compensation the evidence supports. Contact us today.
