A traumatic brain injury (TBI) changes how you think, feel, and move through daily life. You may struggle to remember conversations, experience crushing headaches, or find yourself overwhelmed by sounds and lights that never bothered you before. Your family watches helplessly as they try to understand this new version of you.
At Yellowstone Law, our team of experienced Billings brain injury attorneys recognizes how TBI changes your life completely and in ways you never imagined. And when the injury was caused by someone else’s negligent behavior, the frustration and anguish are compounded knowing that it was completely preventable.
If another person's carelessness caused your brain injury, you have the right to pursue compensation for your losses. Call or contact us online for a free consultation to discuss your case.
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Table of contents
- Why Choose Yellowstone Law as Your Billings Brain Injury Attorneys?
- What Is a Traumatic Brain Injury?
- Common Causes of Traumatic Brain Injuries in Billings, Montana
- How to Prove Negligence in a Billings Traumatic Brain Injury Claim
- We Handle the Insurance Companies
- Long-Term Effects of Traumatic Brain Injuries
- Compensation for Brain Injury Victims in Billings
- How a Billings Brain Injury Lawyer Handles Your Claim
- Questions Clients Often Ask Us About Brain Injury Claims in Montana
- Yellowstone Law: Fighting for Brain Injury Survivors in Billings
Why Choose Yellowstone Law as Your Billings Brain Injury Attorneys?
Brain injury claims require attorneys who understand both the medical complexity and the legal strategy involved. Here is what sets our firm apart.
More than 2,000 cases resolved for injured Montanans
Since 1987, our attorneys have handled thousands of motor vehicle accident and personal injury cases throughout the state. This depth of experience means we have seen situations similar to yours and know how to build winning strategies.
$150 million recovered in verdicts and settlements
Results matter. Our track record demonstrates our ability to fight for and obtain significant compensation for our clients facing serious injuries.
81+ years of combined legal knowledge
Our legal team brings decades of courtroom and negotiation experience to your case. We belong to the Montana Trial Lawyers Association and American Association for Justice, and have earned recognition from Best Law Firms 2024 and Best Lawyers in America.
A firm built on Montana values
We take pride in being more than attorneys. Our team supports local causes, including Big Brothers Big Sisters, Court Appointed Special Advocates, and veterans' organizations throughout Billings and Yellowstone County.
No fee unless we recover compensation for you
You pay nothing out of pocket for our services. We work on a contingency basis, meaning our attorney fees come only from the compensation we win on your behalf. If we don’t win, you owe us nothing.
What Is a Traumatic Brain Injury?
A traumatic brain injury occurs when a sudden impact, jolt, or penetrating wound disrupts normal brain function.
According to the Centers for Disease Control and Prevention, there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in one recent year. That translates to more than 586 hospitalizations and 190 deaths every single day.
These numbers do not include the many TBIs treated only in emergency departments, primary care, urgent care, or those that go entirely untreated, so the actual number of Americans suffering from brain injuries is significantly larger.
Why "mild" brain injury is a misleading diagnosis
Medical professionals sometimes classify brain injuries as mild, moderate, or severe based on the Glasgow Coma Scale. However, these terms describe only the initial presentation of symptoms at the time of injury. They do not predict your recovery or long-term outcome.
A so-called mild TBI or concussion may cause symptoms that persist for years and worsen over time. Meanwhile, someone diagnosed with a severe injury may make a fuller recovery than expected. The unpredictable nature of brain injuries makes experienced legal representation even more valuable.
Why are brain injuries difficult to diagnose?
Unlike a broken bone that appears on an X-ray, TBIs often remain invisible on standard imaging. CT scans and MRIs may look normal even when significant brain dysfunction exists. Doctors rely on reported symptoms and behavioral observations to diagnose these injuries.
This invisible quality makes it harder to prove the full extent of your injury to insurance companies. A Billings brain injury lawyer knows how to document and present medical evidence that demonstrates the true impact of your condition.
Common Causes of Traumatic Brain Injuries in Billings, Montana
Montana roadways present significant risks. Interstate 90 running through Billings, the busy intersection at 24th Street and Grand Avenue, and congested areas near Rimrock Mall see frequent accidents. Brain injuries resulting from negligence often stem from:
- Car accidents caused by speeding, distracted driving, or failure to yield
- Truck collisions on I-90 and Highway 3 involving commercial vehicles
- Motorcycle crashes where riders lack the protection of an enclosed vehicle
- Pedestrian accidents near Montana State University, Billings, and downtown areas
- Slip and fall incidents at local businesses and public properties
Any situation where another person's carelessness causes you to strike your head may result in a TBI. A Billings traumatic brain injury attorney helps identify all responsible parties and pursues fair compensation.
How to Prove Negligence in a Billings Traumatic Brain Injury Claim
Recovering compensation requires demonstrating that someone else's negligence caused your injury. Montana law recognizes four elements that your attorney works to establish.
Duty of care
The at-fault party owed you a legal obligation to act reasonably. Drivers must operate vehicles safely and follow traffic laws. Property owners must maintain reasonably safe conditions for visitors. Medical providers must meet accepted standards of care.
Breach of duty
The responsible party failed to meet their obligation. Running a red light near Billings Heights, texting behind the wheel on King Avenue, or ignoring a spill at a West End business all represent failures to meet legal standards.
Causation
The breach directly caused your injury. Your attorney works with medical professionals to draw the connection between the negligent act and your brain injury.
Damages
You suffered actual harm. Medical bills, lost income, pain and suffering, and diminished quality of life all constitute compensable losses.
Yellowstone Law’s Billings brain injury lawyers gather the evidence needed to prove each element while you focus on healing.
We Handle the Insurance Companies
Insurance adjusters begin working to limit payouts almost immediately after a serious accident. Because brain injuries often lack visible proof on imaging, insurers frequently downplay their severity. They may suggest your symptoms stem from a pre-existing condition or argue that you have recovered more than you claim.
Adjusters sometimes contact TBI victims during the early days of recovery, hoping to secure recorded statements or quick settlements before the full extent of injuries becomes clear. Accepting an early offer often means giving up your right to pursue additional compensation later, even if your condition worsens.
Your Billings brain injury lawyer serves as a barrier between you and the insurance company tactics. Our attorneys handle all communications, gather supporting medical documentation, and fight for a settlement that reflects your actual losses. When insurers refuse to offer fair terms, we have the resources and willingness to take your case to trial.
Long-Term Effects of Traumatic Brain Injuries
Brain injuries affect far more than physical health. The consequences ripple through every aspect of life for both survivors and their families.
If negligence caused a TBI, survivors can recover the economic and non-economic damages that resulted, including for:
Physical symptoms of a traumatic brain injury
Persistent headaches, dizziness, fatigue, and sensitivity to light or noise plague many TBI survivors. Some experience seizures, difficulty with balance, or chronic pain that limits daily activities.
Cognitive effects of brain damage
Memory problems, difficulty concentrating, and slowed thinking make work and personal responsibilities harder to manage. Tasks that once felt automatic may now require intense effort.
Emotional and behavioral changes after a TBI
Depression, anxiety, irritability, and mood swings commonly follow brain injuries. Personality changes may strain relationships with spouses, children, and friends who struggle to adjust.
Financial toxicity after a brain injury
Medical bills accumulate quickly while lost wages reduce household income. Research published in the Journal of Trauma and Acute Care Surgery found that 88% of trauma patients experienced financial toxicity during the year following their injury. This included reduced income, unemployment, and significant stress from financial strain. Younger patients, those without health insurance, and larger households faced the highest risk.
The study also revealed that financial toxicity remained stable at 80-85% throughout the entire year of follow-up. Patients experiencing financial hardship showed worse physical recovery, higher rates of depression, and more post-traumatic stress symptoms.
Our Billings TBI lawyers know that your financial health is an integral part of your emotional and physical health. We fight to recover compensation that addresses all of these impacts, not just your immediate medical expenses.
Compensation for Brain Injury Victims in Billings
Every TBI case differs based on the circumstances and severity of injury. Montana law allows victims to pursue several categories of damages.
Economic damages in a TBI case
These cover measurable financial losses such as hospital bills, rehabilitation costs, prescription medications, medical equipment, lost wages, and reduced future earning capacity. Your attorney documents these expenses thoroughly to support your claim.
Non-economic damages for pain and suffering
Pain and suffering, emotional distress, loss of enjoyment of life, and damage to personal relationships all fall into this category. While harder to quantify, these losses deserve recognition and compensation.
Wrongful death claims after a fatal brain injury
When a brain injury ultimately proves fatal, surviving family members may pursue a wrongful death claim for funeral expenses, lost financial support, the loss of their loved one's companionship, and more.
Punitive damages in Montana brain injury cases
In cases involving extreme recklessness or intentional misconduct, Montana courts may award punitive damages to punish the wrongdoer and deter similar behavior.
Your Billings traumatic brain injury lawyer evaluates your specific situation to identify all potential sources of recovery.
How a Billings Brain Injury Lawyer Handles Your Claim
The legal process involves multiple stages, and your attorney manages each one, allowing you to focus on your recovery.
Your lawyer begins by investigating the accident, collecting police reports, witness statements, and any available video footage. Medical records documenting your diagnosis, treatment, and prognosis form the foundation of your claim.
Next comes calculating your full damages. This requires projecting future medical needs, estimating lost earning capacity, and assigning value to your pain and suffering. Your attorney may work with economists, life care planners, and medical professionals to build this picture.
Your lawyer then negotiates with insurance companies, presenting evidence and demanding fair compensation. If the insurance company refuses to make a fair settlement offer, we are prepared to take your case to court and argue it before a judge and jury.
Questions Clients Often Ask Us About Brain Injury Claims in Montana
How long do I have to file a brain injury lawsuit in Montana?
Montana's statute of limitations for personal injury claims gives you three years from the date of injury to file a lawsuit. Missing this deadline typically bars you from recovering compensation, so consulting an attorney promptly protects your rights.
Can I recover compensation if I am partially at fault for my brain injury?
Montana follows a modified comparative negligence rule (MCA § 27-1-702). You may still recover compensation as long as your fault does not exceed 50%. Your award decreases by your percentage of responsibility. An attorney helps minimize any fault assigned to you and maximize the value of your claim.
How much does a Billings brain injury lawyer cost?
Yellowstone Law handles TBI cases on a contingency fee basis. You pay no upfront costs and owe no attorney fees unless we recover compensation for you. This arrangement allows injured victims to access quality legal representation regardless of their financial situation.
How much is my traumatic brain injury case worth?
Every case depends on factors such as injury severity, medical expenses, lost income, and the impact on quality of life. Because TBIs vary so widely in their effects, only a thorough evaluation by an experienced attorney can provide a realistic estimate. We offer free consultations to discuss your specific circumstances.
How long does a traumatic brain injury lawsuit take?
TBI claims often take longer than other injury cases due to their medical complexity. Your attorney may need to wait until you reach maximum medical improvement (MMI) before accurately calculating damages. Yellowstone Law works efficiently to resolve your case while refusing to accept inadequate settlements that fail to meet your needs.
How do Billings brain injury lawyers prove the full extent of my invisible injury?
Proving an injury that does not show up on standard diagnostic scans like a CT or MRI requires more than just medical records.
Knowledgeable attorneys collaborate with medical specialists, including neurologists, neuropsychologists, and vocational rehabilitation specialists, to connect the negligent act with the long-term impact on your life.
They use testimony, detailed symptom logs, and functional capacity evaluations to demonstrate how the brain injury affects your cognitive function, emotional stability, and ability to work, providing a complete picture of your damages to the court or insurance company.
Does a TBI claim cover my spouse or family’s losses?
Yes. The consequences of a traumatic brain injury extend beyond the individual victim, affecting spouses, children, and other close family members. Montana law allows for the recovery of damages for loss of consortium, which compensates the spouse for the loss of companionship, support, and intimacy. Family members who provide extensive in-home care may also recover compensation for the value of those services.
Your attorney evaluates all impacts to pursue maximum compensation for the entire family unit.
How does an attorney use a vocational rehabilitation specialist in a TBI claim?
A vocational rehabilitation specialist determines how a brain injury limits a person’s ability to work and earn a living. This specialist evaluates the survivor's pre-injury job skills and compares them to their post-injury capabilities.
The specialist’s testimony and report provide crucial evidence for calculating future lost earning capacity and the cost of necessary job retraining, ensuring a thorough and accurate financial damages claim.
What is the difference between a concussion and a TBI?
A concussion is a type of traumatic brain injury. Specifically, it is a TBI caused by a bump, blow, or jolt to the head that causes the brain to move quickly back and forth inside the skull. While most concussions resolve quickly, some cause long-lasting symptoms. The medical classification as "mild" is based on initial presentation, not on the long-term prognosis.
Yellowstone Law: Fighting for Brain Injury Survivors in Billings
Living with a brain injury brings enough challenges without also battling insurance companies alone. You have the power to take action and pursue the compensation you need to move forward. The attorneys at Yellowstone Law are ready to guide you through this process with compassion and determination.
Call us today or contact us online for a free consultation with a Billings traumatic brain injury lawyer.