Brain Injury Lawyer in Jackson, MS

Building TBI Claims Around Medical Evidence & Daily Effects

The effects of a traumatic brain injury (TBI) may not be apparent immediately. Medical records and documentation of changes in work, behavior, and daily activities can become important to a claim.

At Coxwell & Associates, we build TBI claims around clinical findings, treatment needs, and the injury’s day-to-day effects. We identify available insurance coverage and document both immediate losses and care that may be needed in the future.

If you’re dealing with the aftermath of a serious head injury, contact our Jackson brain injury team to discuss your situation and legal options.

Mississippi Comparative Negligence in Brain Injury Claims

Mississippi Code § 11-7-15 applies pure comparative negligence to injury claims. An injured person’s share of fault doesn’t bar recovery, but a jury reduces damages in proportion to the negligence attributed to that person. For example, if an injured person is found 25% responsible, the recoverable damages are reduced by 25%.

This rule allows recovery even when the injured person is assigned most of the fault, subject to the proportional reduction. Evidence showing how the incident happened is therefore central to evaluating a TBI claim.

Understanding Brain Injury & Legal Implications

A TBI can create significant medical and legal challenges because it may affect essential physical, cognitive, and behavioral functions. Some people require ongoing treatment, rehabilitation, and financial support for long-term or permanent effects.

Preparing a claim requires a clear connection between the incident, the resulting limitations, and the losses being pursued. Mississippi’s comparative fault rule also makes careful investigation and presentation of the evidence especially important.

If you’re dealing with the aftermath of a serious head injury, contact a brain injury lawyer in Jackson to discuss your situation and available legal options.

What Is a Traumatic Brain Injury (TBI)?

A TBI occurs when an external force damages the brain. Some injuries involve penetration, such as a bullet wound, while others are closed injuries, such as concussions. The effects can range from mild symptoms to a coma or death. Because the extent of the damage may not be apparent initially, victims should be examined by medical professionals after head trauma. Depending on the severity, evaluations by neurological professionals may be necessary.

There are two broad types of TBI. A closed head injury occurs when the skull and its contents haven’t been penetrated, usually after blunt-force trauma. The brain may move forward, backward, and from side to side within the skull, causing bruising, bleeding, damaged blood vessels, or injured nerve cells. An open or penetrating injury occurs when an object passes through the skull and protective layers, exposing the brain to air. This type of injury is usually localized to one part of the brain.

Common Causes of Traumatic Brain Injuries

TBI claims can arise from many incidents. CDC hospitalization data attributes about 75% of nonfatal TBI-related hospitalizations to unintentional falls and motor vehicle crashes combined, with falls accounting for roughly 51% and crashes for roughly 24%.

Incidents associated with traumatic brain injuries include:

• Falls: A fall from a height or onto a hard surface can cause a TBI even without a skull fracture.
• Traffic collisions: Car crashes, truck collisions, and serious wrecks on I-55 or I-20 can subject the brain to rapid acceleration, deceleration, or direct impact.
• Unsafe property conditions: Falls, falling objects, and inadequate security can lead to serious head trauma.
• Medical errors: Errors that deprive the brain of oxygen or cause direct injury can result in lasting neurological damage.
• Work-related incidents: Mississippi workers’ compensation covers qualifying injuries arising out of and in the course of employment, including medical treatment and wage-loss payments.

What Happens When Someone Suffers a TBI?

A TBI disrupts brain function and can affect how a person’s body functions, behaves, and processes information. The resulting chemical imbalances may take weeks or months to resolve.

The brain can adapt to new conditions, but building new neural pathways takes time. Rehabilitation and treatment may continue for months or years, depending on the injury. Common effects include:

• Physical effects: Blurred vision, headaches, difficulty speaking, and dizziness.
• Behavioral effects: Impulsivity and a short temper.
• Cognitive effects: Difficulty concentrating, trouble with attention, and difficulty making decisions.

Severe trauma may cause catastrophic brain injuries that permanently affect a person’s ability to work, provide self-care, or maintain independence. Early diagnosis and a coordinated treatment plan can significantly influence long-term outcomes. Treatment often involves neurologists, physical therapists, and occupational therapists working together to manage symptoms and improve quality of life.

Legal Steps for TBI Victims in Jackson, MS

If you or a loved one suffers a TBI in Jackson, MS, the legal process begins with documenting treatment and assessing the injury’s effects. This information supports a claim for medical expenses, lost income, and other damages with guidance from a brain injury attorney in Jackson.

Claims involving severe injuries may intersect with other cases involving serious head trauma or, in the most tragic circumstances, fatal and non-fatal brain injuries. Each case requires an approach tailored to its facts and the extent of the injuries.

Brain Injury Claim Preparation in Jackson

Selecting a legal team after a TBI is a major decision, especially when medical needs and financial worries feel overwhelming. Coxwell & Associates has served clients in Jackson and surrounding Mississippi areas since 1980, and our attorneys bring more than 70 years of combined legal experience. We’ve recovered more than $300 million for personal injury clients, including a publicly listed $2.3 million brain injury settlement.

We investigate what happened, identify potential sources of recovery, and present the client’s story clearly to insurers or a jury. Our attorneys regularly appear in courts serving Jackson and Hinds County, including Hinds County Circuit Court. That experience informs our preparation for the procedures and evidentiary requirements of serious injury litigation.

Our approach is grounded in thorough preparation and close coordination with medical providers. We work with treating physicians, rehabilitation professionals, and, when appropriate, independent medical professionals to explain how the injury affects your ability to work, provide self-care, and manage daily life. Treatment and rehabilitation documentation, employment information, and statements from family members can establish these functional effects.

We also review all available insurance policies, including liability, uninsured or underinsured motorist coverage, and applicable medical payments benefits. After documenting the evidence and losses, we evaluate settlement proposals against the supported value of the claim. If a fair resolution isn’t available through negotiation, we prepare the case for trial and keep you informed as decisions arise.