Cognitive Deficit Claims After Brain Injury

 

A traumatic brain injury (TBI) can result in significant cognitive deficits that impact every aspect of a person's life, from memory and concentration to emotional regulation and decision-making abilities. In Appleton, Wisconsin, individuals who sustain cognitive deficits due to brain injuries caused by accidents, medical malpractice, or workplace incidents may be entitled to substantial compensation through personal injury claims. These impairments can manifest in various ways, including difficulties with information processing, language comprehension, executive function, and spatial awareness. The long-term implications often extend beyond immediate medical concerns, affecting employment capabilities, personal relationships, and overall quality of life. When pursuing a personal injury claim involving cognitive deficits, comprehensive neuropsychological evaluations and expert testimony become crucial elements in demonstrating the full extent of damages and establishing the causal link between the accident and the resulting impairments.

Legal Rights and Considerations

Wisconsin follows a modified comparative negligence system under Wisconsin Statute § 895.045, allowing recovery if the plaintiff is 50% or less at fault. Claims involving cognitive deficits must be filed within three years of the injury date under Wisconsin's statute of limitations (Wis. Stat. § 893.54). Compensation may include economic damages (medical expenses, lost wages, rehabilitation costs) and non-economic damages (pain and suffering, loss of enjoyment of life). Insurance considerations typically involve both health insurance and liability insurance, with Wisconsin requiring minimum auto liability coverage of $25,000 per person. In cases of severe cognitive deficits, structured settlements may be recommended to ensure long-term financial security. The state does not cap compensatory damages in most personal injury cases, though punitive damages are limited to twice the compensatory damages or $200,000, whichever is greater. An experienced Appleton personal injury lawyer will handle all aspects of the legal claim.

Examples of accidents that can lead to a brain injury claim include:

 

 

Related Resources

Local Courts:

  • Outagamie County Circuit Court
  • Wisconsin Eastern District Federal Court (Green Bay Division)

Support Services:

  • Brain Injury Alliance of Wisconsin
  • Neuroscience Group - Fox Valley
  • SOAR Fox Cities (disability support services)
  • Ascension NE Wisconsin - St. Elizabeth Campus TBI Recovery Program

Legal and Medical Resources:

  • Wisconsin Department of Transportation Crash Reports
  • Wisconsin State Bar Association Lawyer Referral Service
  • Wisconsin Department of Health Services - Brain Injury Resources
  • Wisconsin Office of the Commissioner of Insurance

Return to the Appleton brain injury information page

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A serious pedestrian accident occurred in Fond du Lac, Wisconsin, on Friday evening when a 67-year-old man was struck by an SUV while attempting to cro

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Type: Car Accident

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Roadway: 
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A tragic collision on Highway 21 near the Town of Algoma claimed the life of a 30-year-old Berlin man Wednesday evening when his pickup truck collided with an Amazon delivery van and burst into flames.

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A 67-year-old man was seriously injured in a hit-and-run incident that occurred on Sunday evening in downtown Marinette, Wisconsin.

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On Saturday evening, a tragic single-vehicle accident claimed the life of a male driver when his vehicle collided with a tree near the intersection of South Park

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A fatal crash on US Highway 141 in Oconto County claimed the life of a 24-year-old Wausaukee woman on Saturday, January 4, 2025, around 9:50 p.m.

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Date: 
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Roadway: 
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Date: 
Saturday, December 28, 2024
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Type: Car Accident
Topics: 
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