Brain Injury Lawsuits in Fort Wayne: Understanding Common Causes and Legal Options

Traumatic brain injuries (TBIs) represent some of the most devastating injuries Fort Wayne residents can suffer, with impacts that can permanently alter lives. The most frequent causes in our region include motor vehicle collisions on busy corridors like Interstate 69 and US 30, workplace accidents at manufacturing facilities, slip and fall incidents, and sports-related injuries, particularly in youth athletics. These injuries can range from mild concussions to severe trauma requiring long-term care at facilities like Parkview Regional Medical Center. The financial burden of brain injuries often extends far beyond initial medical costs to include ongoing rehabilitation, lost wages, and necessary lifestyle modifications. In personal injury claims, establishing the full scope of a brain injury's impact is crucial, as these cases typically involve complex medical evidence and the need to project future care requirements. Insurance companies often contest the severity and long-term implications of brain injuries, making experienced legal representation essential for injured parties seeking fair compensation.

Legal Rights and Considerations

Indiana follows a modified comparative fault system under Indiana Code § 34-51-2-6, where injured parties can recover damages as long as they are 50% or less at fault. The statute of limitations for personal injury claims in Indiana is two years from the date of injury (IC § 34-11-2-4), though this deadline may be extended in cases where brain injury symptoms develop gradually. Indiana law allows victims to seek compensation for medical expenses, lost income, pain and suffering, and loss of quality of life. Auto insurance minimum requirements in Indiana include $25,000 per person for bodily injury, though brain injury cases often exceed these limits, making it important to identify all potential sources of compensation, including umbrella policies or third-party liability claims. An experienced Fort Wayne brain injury lawyer will handle all aspects of the personal injury claim.

10 Essential Brain Injury Recovery Terms in Personal Injury Cases

1. Cognitive Rehabilitation Therapy (CRT): Structured treatment program designed to improve thinking skills, memory, attention, and problem-solving abilities after brain injury.
2. Neuroplasticity: The brain's natural ability to form new neural connections and reorganize existing ones, enabling recovery and adaptation after injury.
3. Activities of Daily Living (ADLs): Basic self-care tasks and skills needed for independent living, including personal hygiene, dressing, and eating.
4. Post-Concussion Syndrome (PCS): A complex disorder where symptoms like headaches, dizziness, and cognitive issues persist for weeks or months after the initial injury.
5. Occupational Therapy: Rehabilitation focused on helping patients regain independence in work, home, and daily activities through practical skill development.
6. Speech-Language Pathology: Specialized therapy addressing communication, cognitive-communication, and swallowing difficulties resulting from brain injury.
7. Physical Medicine and Rehabilitation (PM&R): Medical specialty focused on restoring function and quality of life through comprehensive treatment approaches.
8. Neurobehavioral Symptoms: Changes in personality, emotional regulation, and behavior that commonly occur following brain injury.
9. Executive Function: Higher-level cognitive skills including planning, organizing, problem-solving, and decision-making that are often impacted by brain injury.
10. Adaptive Equipment: Specialized tools, devices, and technology that help compensate for functional limitations and support independence during recovery.

If you've been injured in an accident, click the links below to get help from an attorney who specializes in your type of accident or injury:

• Fort Wayne car accident attorney;
• Fort Wayne pedestrian accident attorney;
• Fort Wayne motorcycle accident lawyer;
• Fort Wayne truck accident lawyer;
• Fort Wayne bicycle accident attorney;
• Fort Wayne spinal cord injury law firm;
• Fort Wayne wrongful death claim lawyer.

Regardless of how severe an accident is, almost everyone involved has to deal with insurance companies and claims. For crashes involving more serious injuries, or when a fatal crash occurs, a Charlottesville personal injury attorney is needed to manage the insurance claim. Go here to learn more about how a Fort Wayne personal injury lawyer helps injured victims.

Related Resources

Local Courts:

• Allen County Superior Court
• Allen County Circuit Court
• United States District Court for the Northern District of Indiana (Fort Wayne Division)

Support Services:

• Brain Injury Association of Indiana
• Parkview Regional Medical Center Trauma Services
• Fort Wayne Neurological Center
• NeuroHope of Indiana

Legal References:

• Indiana Trial Rules: courts.in.gov/rules/trial_proc/
• Indiana Code Title 34 (Civil Law and Procedure): iga.in.gov/legislative/laws/2023/ic/titles/034
• Indiana Department of Insurance: in.gov/idoi/

Emergency and Medical Services:

• Fort Wayne Trauma Centers Directory
• Indiana Department of Health TBI Program
• Rehabilitation Hospital of Fort Wayne

Return to the Fort Wayne accident information page