How Brain Injuries Happen in Vermont
Traumatic brain injuries (TBIs) result from car, truck, and motorcycle crashes, falls on ice or unsafe property, bicycle and pedestrian accidents, sports and recreation incidents, and workplace accidents. They range from concussions to severe, permanent damage. Even a 'mild' TBI can cause lasting cognitive and emotional changes that disrupt work and family life.
Brain injuries are often invisible at first. Symptoms such as headaches, confusion, memory loss, mood changes, and difficulty concentrating may emerge or worsen over days and weeks. Prompt medical evaluation creates a record that links the injury to the accident — which is vital to a successful claim.
Why TBI Cases Require Special Care
Insurers frequently minimize brain injury claims, arguing the symptoms are exaggerated or unrelated. Building a strong case requires neurological and neuropsychological evidence, testimony from treating providers, and often a life-care plan that projects the cost of future treatment, therapy, and support. The goal is to capture the full, lifelong cost of the injury — not just the early medical bills.
Family members and coworkers can provide powerful 'before and after' testimony about how the injury changed the person, which helps a jury or adjuster understand losses that lab tests alone cannot show.
Compensation for a Lifetime of Impact
Recoverable damages may include past and future medical and rehabilitation costs, lost earnings and earning capacity, the cost of in-home care or assistive technology, and substantial non-economic damages for the profound effect on the victim's life. The three-year deadline under 12 V.S.A. § 512 generally applies.
Injured in Vermont? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Nothing upfront. Our network attorneys work on contingency, so you pay no fee unless they recover compensation for you. The case review is always free.
Generally three years from the date of injury under 12 V.S.A. § 512. Claims involving a government entity under the Vermont Tort Claims Act can have shorter notice deadlines, so it is important to act quickly.
Vermont's modified comparative negligence rule (12 V.S.A. § 1036) lets you recover as long as you were not more than 50% at fault. Your compensation is reduced by your share of fault.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.