If your loved one suffered a brain injury The Thistle Law Firm can help.

Request a consultation with us today and we’ll help determine if you have a case.


The misconception about the legal procedure for brain injuries is that there are special laws specifically for brain injuries.  In actuality, the applicable law depends on the circumstances of the injury, not the size of the damage caused. The law for brain injury cases is the same as for other personal injury cases. What makes them different is the intensity and cost of the litigation. Traumatic brain injuries (TBI) are incredibly catastrophic and life-changing. The life of the injured and their family is permanently altered and the cost of care and rehabilitation can leave a family financially devastated. Insurance companies know the stakes and fight incredibly hard to limit the plaintiff's compensation or deny them recovery entirely.

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 Much like in a personal injury case, A brain injury can the result of another person’s negligence or defective consumer products. In order to prove a cause of action for a brain injury claim due to negligence, a victim must prove:

  • There was a duty of care owed
  • the party that had the legal obligation of care failed to abide, the brain injury resulted from the responsible person’s failure of a legal duty of care
  • The losses caused by the brain injury that entitle the victim to compensation.
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The damage to the brain will be different for each victim but some of the symptoms a victim may suffer are:

  • Impairment of cognitive abilities
  • Weakened physical capabilities
  • Behavioral and emotional issues
  • Memory loss
  • problems with concentration
  • Seizures and muscle spasms
  • Fatigue and headaches
  • Depression and mood swings.

Types of Brain Injuries

There are three main types of brain injuries, traumatic brain injury, hypoxic injuries, or a medical condition that can result in brain injury;

  • Traumatic brain injuries (TBI)  are the result of head trauma resulting in either an open head injury, such as a skull fracture, or a closed head injury like a concussion. Surprisingly, a majority of traumatic brain injuries suffered by Americans were caused by falls, rather than automobile accidents. Unsurprisingly, the fatal falls are typically workplace injuries caused at industrial or construction sites, like falls from scaffolding.
  • Hypoxic brain injuries are a lack of oxygen to the brain,but can be caused by several different events, including smoke inhalation during a fire, near-drowning, defective products producing excessive carbon dioxide or carbon monoxide, or medical malpractice, where anesthesia is administered improperly during surgery, or if diabetes is improperly controlled by a hospital following a procedure.
  • Certain medical conditions and diseases can also cause brain injuries such as meningitis, tumors, and most commonly, stroke. If the condition was improperly treated or was misdiagnosed, then the resulting brain damage could warrant a medical malpractice lawsuit.



If you or a loved one has suffered from a brain injury and you think you have a claim, call one of our brain injury experts at Thistle Law at 215-525-6824 or online through our contact form. if you think your brain injury was caused by negligence let us help you get the compensation you deserve.

Free Consultation

We’ll determine if you have a case. Call today at 215-525-6824 or complete this form: