Car accidents can result in a wide range of injuries from minor cuts and bruises to brain injuries. Given Michigan’s complex no-fault insurance law, it is crucial for victims of catastrophic injuries to work with the right attorney to obtain compensation for pain and suffering and other losses. Miller, Tischler & Vislosky, P.C. has extensive experience representing clients who have sustained a catastrophic brain injury as a result of car and truck accidents. We are keenly aware that brain injuries can be life-altering, not only for the victim but for loved ones as well. Severe head and brain injuries can result in a loss of consciousness, paralysis and wrongful death, while some victims may require lifelong medical care, which can be an emotional and financial burden for all concerned.
Our experienced Michigan no-fault insurance attorneys have a well-earned reputation for providing our clients with informed representation and caring, efficient service. We know our way around the courtroom and have a proven track record of holding negligent drivers and their insurance carriers accountable. When you consult us, we will work tirelessly to help you obtain the compensation you deserve.
What is a traumatic brain injury?
A traumatic brain injury (TBI) is typically the result of a violent blow to the head or body that results in brain dysfunction, often arising in a car accident, motorcycle accident or truck accident. There are two types of traumatic brain injuries — closed TBIs and open TBIs. A closed TBI occurs when a blow to the head causes the brain to impact against the skill, which can result in blood clots or swelling in the brain. By contrast, an open TBI involves a skull fracture that can result from a high-impact collision.
Additionally, TBIs are classified in the following categories:
- Mild TBI — One that results in a period of lost consciousness, confusion or disorientation which lasts less than 30 minutes
- Moderate TBI — A brain injury that results in a longer period of unconsciousness (up to 6 hours), as well as a degree of memory loss
- Severe TBI — An injury that is accompanied by an extended period of unconsciousness or a comatose state and may result in significant cognitive impairment
Types of Brain Injuries
Common types of brain injuries include:
- Concussions — Caused by a blow to or violent shaking of the victim’s head
- Contusions — A blow to the head that results in bleeding or bruising
- Diffuse axonal Injury — A violent shaking back of the head or rotation of the head from side-to-side
- Penetration Injury — A sharp object (e.g. metal, glass or other debris from a vehicular collision) penetrates the skull
- Anoxic Brain Injury — Deprivation of oxygen to the brain
- Hypoxic Brain Injury — A lack of oxygen which causes the brain to cease functioning
Symptoms and Treatment of TBIs
Brain injury symptoms range from mild to severe, including:
- Headache
- Confusion
- Lightheadedness
- Loss of consciousness
- Memory loss
- Vision problems including blurring and light sensitivity
- Sensitivity to light or sound
- Sleep and balance problems
- Nausea or vomiting
- Irritability, anxiety, and depression
- Impaired judgment
- Fatigue
The Long-Term Effects of a Traumatic Brain Injury
Traumatic brain injuries can have lasting consequences. Victims can experience cognitive impairments (e.g. memory loss), weakness in the arms and legs, loss of balance and coordination, as well as hearing or vision loss. Some victims may also experience personality changes or be left with impaired social skills, while others may be unable to perform the work they used to do, lose their ability to concentrate, or experience mood swings and depression.
Brain injury victims may require rehabilitation to relearn basic skills such as walking or talking. Those who are severely injured may not be able to care for themselves and may need assistance with basic daily functions such as dressing, eating and bathing, also requiring prolonged medical treatment, physical therapy, and rehabilitation.
How Michigan No-Fault Insurance Applies to Brain Injury Cases
Michigan’s no-fault insurance laws are complicated. This is especially true in cases involving traumatic brain injuries. While most people receive initial benefits through their own insurance, those benefits are often not enough. In catastrophic injury cases, an injured person needs to know how no-fault benefits interact with third-party lawsuits.
No-Fault PIP Coverage and Medical Benefits
Our state’s no-fault system, personal injury protection (PIP), covers medical expenses and wage loss, regardless of fault. However, individuals who suffer serious brain trauma often require long-term care that exceeds standard PIP limits, unless the injured party opted for unlimited PIP coverage. Many victims are shocked to discover that their policy does not cover the full extent of their rehabilitation needs, adaptive equipment, or future therapy.
Filing a Third-Party Lawsuit for Pain and Suffering
If an injury meets Michigan’s “serious impairment of body function” standard, the victim may be entitled to file a lawsuit against the at-fault driver. Traumatic brain injuries almost always qualify. In these lawsuits, in addition to additional compensation for medical expenses and lost wages, victims can pursue pain and suffering damages and compensation for diminished quality of life, which are areas not covered by no-fault benefits.
Disputes That Arise in Brain Injury Claims
Brain injury claims are frequently disputed by insurance companies. Despite obvious symptoms, insurers may question the severity of the injury or deny that it was caused by the crash. These challenges are especially common in cases where MRI or CT scans appear normal, even though the injured person clearly struggles with memory, concentration, or behavioral changes.
The Importance of Medical Documentation
To fight these denials, our firm works with medical specialists who understand the full range of TBI symptoms. Neuropsychological evaluations, treatment records, and expert testimony help us build a clear link between the injury and the crash. Strong documentation is often the deciding factor in whether a case settles fairly or ends up in court.
The Financial Burden of Catastrophic Brain Injuries
Severe brain injuries don’t just affect the victim. They change the lives of entire families. Many individuals need around-the-clock care, assistive mobility devices, or full-time supervision. Over time, these needs can result in significant out-of-pocket costs that put strain on even financially stable households.
Impact on Work and Family Life
In addition to medical expenses, many victims are unable to return to work or require job accommodations that reduce their income. A spouse or parent may become a full-time caregiver, losing their own wages and benefits. We factor in lost earning capacity and the economic impact on the household when evaluating compensation needs.
Why Miller, Tischler & Vislosky, P.C. Is Trusted With Serious Brain Injury Cases
Miller, Tischler & Vislosky, P.C. is known throughout Michigan as a leader in traumatic brain injury litigation. Our firm regularly receives referrals from other attorneys who trust us to handle their most complex and catastrophic injury cases.
A Record of Service and Legal Leadership
Wayne Miller, one of our founding attorneys, serves as an adjunct professor at Wayne State University Law School and has chaired the Michigan Trial Lawyers No-Fault Insurance Committee. These roles reflect not only our firm’s knowledge but also our influence on how no-fault law is practiced in Michigan.
Our commitment is to serious injury cases and nothing less. We understand the long-term effects of brain trauma and the financial uncertainty families face. With each case, we bring the same careful preparation, strategic insight, and personal service that have made us one of the most respected personal injury law firms in the state.
Our Role in Michigan's Legal Community
Our attorneys are often invited to lecture at legal seminars and educate others on no-fault insurance and brain injury litigation. This leadership reflects our dedication not only to clients but to shaping the future of personal injury law in Michigan. When experience matters most, attorneys and families alike turn to Miller, Tischler & Vislosky, P.C.
Contact Our Michigan Brain Injury Attorney
If you or a loved one has sustained a traumatic brain injury as a result of a motor vehicle accident, our legal team will file a third-party claim on your behalf. Under Michigan’s no-fault law, a third-party claim, which involves filing a lawsuit against the other driver and his/her insurer, allows you to seek compensation for pain and suffering and other non-economic losses. We believe that no one should be forced to suffer a brain injury due to the negligence of another party and will see to it that you receive the medical care you need and the compensation you deserve. Above all, we will offer you knowledge, compassion, and personal attention. Please contact our Farmington Hills office today for a free consultation. At Miller, Tischler & Vislosky, P.C., you don’t pay us until we recover for you.
