At Kluksdal Law, we are dedicated to helping individuals who have suffered traumatic brain injuries (TBI) due to accidents, negligence, or misconduct. Our experienced legal team in Boise, Idaho, fights for the compensation our clients deserve, ensuring they receive financial relief for medical expenses, lost wages, rehabilitation, long-term care, and pain and suffering.
A traumatic brain injury can have devastating consequences, affecting cognitive function, motor skills, and overall quality of life. If you or a loved one has suffered a TBI due to a car accident, slip and fall, workplace injury, or any other incident, you may have the right to file a personal injury claim against the responsible party. In cases of severe or fatal TBIs, family members may pursue compensation through a wrongful death claim.
If you or someone you love has experienced a TBI due to negligence, Kluksdal Law is ready to advocate for you. Our attorneys work tirelessly to maximize settlements and verdicts, ensuring justice for TBI victims and their families. Contact us today for a free consultation, and let us help you navigate the complex legal process while you focus on recovery.
A traumatic brain injury claim requires a skilled attorney who understands the medical and legal complexities involved. At Kluksdal Law, we advocate for TBI victims, ensuring they receive the full compensation they need for long-term care and rehabilitation.
With extensive experience in Idaho personal injury law, we work diligently to protect the rights of TBI victims. Our firm handles all legal complexities so that you can focus on your recovery. From accident investigations to expert consultations, we ensure no detail is overlooked. While many cases settle outside of court, we are always prepared to litigate if necessary.
And because we operate on a contingency fee basis, you don’t pay unless we win your case.
TBI cases can be complex, often requiring extensive medical documentation, neurological evaluations, and financial projections for lifelong care. Our attorneys work closely with medical experts, life care planners, and economists to determine the true cost of a traumatic brain injury, ensuring clients receive full and fair compensation.
If you or a loved one has suffered a TBI in Boise or anywhere in Idaho, trust Kluksdal Law to fight for your rights. Contact us today for a free consultation and let us help you secure the justice and compensation you deserve.
1. Maximizing Compensation for TBI Victims
A traumatic brain injury can lead to long-term medical expenses, loss of income, and emotional distress. Our legal team evaluates all aspects of your case to ensure you receive the maximum compensation possible for:
2. Aggressive Negotiation & Litigation
Insurance companies often attempt to minimize payouts in TBI cases. At Kluksdal Law, we don’t let them take advantage of you. We use strong evidence and expert testimony to demand full compensation. If an insurer refuses a fair settlement, we are fully prepared to take your case to trial.
3. Transparent & Compassionate Legal Guidance
No one should have to face the aftermath of a car accident alone. Our compassionate yet aggressive legal representation ensures that you can focus on healing while we handle the complex legal aspects of your case.
Don’t wait to get the legal help you need—time is critical when it comes to gathering evidence and filing claims. Let Kluksdal Law stand by your side and fight for your rights. Call us today for a free consultation!
At Kluksdal Law Firm, we understand that navigating a traumatic brain injury (TBI) claim can be overwhelming—especially when dealing with mounting medical bills, insurance adjusters, and complex legal procedures. To provide clarity, we’ve compiled answers to some of the most frequently asked questions about TBI cases.
Whether you’re wondering about the claims process, the compensation you may be entitled to, or how our attorneys can assist you, our FAQ section is designed to offer guidance and peace of mind. If you have any additional questions, our experienced legal team is always here to help.
Seek immediate emergency medical care, even if symptoms seem mild, as traumatic brain injuries can worsen rapidly without proper treatment. Document everything related to your injury and the incident that caused it, follow all medical recommendations, and consult an experienced TBI attorney before speaking with insurance companies.
The hours and days following a traumatic brain injury are critical for both your health and any future legal claim. TBI symptoms don’t always appear immediately—headaches, confusion, memory problems, mood changes, and balance issues may develop hours or even days after the initial trauma. Emergency room physicians can perform CT scans or MRIs to detect brain bleeding, swelling, or other damage that requires immediate intervention. Even “mild” concussions can have lasting consequences if not properly diagnosed and treated, making prompt medical evaluation essential regardless of how you feel initially.
Preserving evidence begins the moment you’re physically able. Photograph the accident scene, your visible injuries, and any property damage. Collect contact information from witnesses who observed what happened. Keep copies of all medical records, diagnostic imaging results, treatment plans, and bills—these documents form the foundation of your compensation claim. Maintain a daily journal documenting your symptoms, limitations, and how the injury affects your daily activities, work performance, and relationships. This contemporaneous record becomes powerful evidence of your non-economic damages. Most importantly, avoid providing recorded statements to insurance adjusters without legal guidance, as seemingly innocent answers can be used to minimize or deny your claim later.
You may have a valid TBI claim if your brain injury resulted from another party’s negligence, recklessness, or intentional misconduct. A viable claim requires demonstrating that someone owed you a duty of care, breached that duty, and directly caused your traumatic brain injury and resulting damages.
Establishing a valid TBI claim involves proving the fundamental elements of negligence under Idaho law. The responsible party must have owed you a duty of care—for example, drivers have a duty to operate vehicles safely, property owners must maintain reasonably safe premises, and medical professionals must meet accepted standards of care. The breach of that duty must be the direct cause of your brain injury, meaning the accident wouldn’t have occurred but for the defendant’s negligent conduct. Finally, you must have suffered actual damages, including medical expenses, lost income, pain and suffering, or diminished quality of life.
Common scenarios that give rise to valid TBI claims include motor vehicle accidents caused by distracted, impaired, or reckless drivers; slip and fall incidents on poorly maintained properties; workplace accidents resulting from inadequate safety measures; medical malpractice involving surgical errors or misdiagnosis; defective products that cause head trauma; and assaults or other intentional acts. Even if you believe you may have contributed to the accident, Idaho’s modified comparative negligence rules allow you to recover damages as long as your fault doesn’t exceed 50 percent—though your compensation will be reduced proportionally. An experienced TBI attorney can evaluate the specific facts of your case, identify all potentially liable parties, and determine whether pursuing a claim is in your best interest.
Kluksdal Law handles traumatic brain injury cases arising from car accidents, truck collisions, motorcycle crashes, pedestrian accidents, slip and falls, workplace injuries, medical malpractice, defective products, and acts of violence. Our team represents clients with injuries ranging from mild concussions to severe, life-altering brain damage.
Motor vehicle accidents remain the leading cause of traumatic brain injuries that result in litigation. Car accidents, commercial truck collisions, and motorcycle crashes frequently produce violent impacts that cause the brain to strike the inside of the skull, resulting in contusions, hemorrhaging, or diffuse axonal injuries. Pedestrians and cyclists struck by vehicles face particularly high TBI risks due to the lack of protective barriers between their heads and hard surfaces. Our attorneys understand the complex medical evidence required to prove brain injuries in these cases and work with neurologists, neuropsychologists, and accident reconstruction experts to build compelling claims.
Premises liability cases involving slip and falls, trip hazards, or falling objects frequently cause TBIs when victims strike their heads on floors, stairs, or other surfaces. Property owners who fail to maintain safe conditions, address known hazards, or provide adequate warnings can be held liable for resulting brain injuries. Workplace accidents—particularly in construction, manufacturing, and industrial settings—often involve falls from heights, struck-by incidents, or equipment malfunctions that cause head trauma. Medical malpractice TBI cases may involve anesthesia errors, surgical mistakes, failure to diagnose stroke or aneurysm, or birth injuries resulting in infant brain damage. Regardless of how your injury occurred, our team has the resources and expertise to investigate the circumstances, establish liability, and pursue maximum compensation.
Idaho law imposes a two-year statute of limitations for traumatic brain injury claims under Idaho Code § 5-219, meaning you must file your lawsuit within two years of the injury date. Missing this deadline typically bars you from pursuing compensation permanently, regardless of your injury’s severity or the strength of your case.
The two-year filing window begins on the date your traumatic brain injury occurred in most circumstances. However, TBI cases sometimes involve the “discovery rule,” which may extend the deadline when the injury or its cause wasn’t immediately apparent. For example, if symptoms developed gradually or medical professionals initially misdiagnosed your condition, the statute of limitations might begin when you knew or reasonably should have known about your injury and its connection to someone else’s negligence. This exception requires careful legal analysis and shouldn’t be assumed without consulting an attorney.
Special rules apply in certain TBI cases that may shorten or extend your filing deadline. If a government entity—such as a city, county, or state agency—bears responsibility for your injury, you must file a formal notice of claim within 180 days under Idaho Code § 6-905, a significantly shorter window than the standard two-year period. If the TBI victim is a minor, Idaho law tolls the statute of limitations until they reach age 18, with the two-year countdown beginning on their eighteenth birthday (though this extension cannot exceed six years total). Individuals lacking mental capacity to file claims may also receive tolling protections. Given these complex rules and the extensive investigation required to build strong TBI cases, contacting an experienced Idaho brain injury attorney immediately after your injury provides the best opportunity for successful recovery.
Traumatic brain injury case values vary dramatically based on injury severity, long-term prognosis, impact on daily functioning, and available insurance coverage. Settlements can range from $100,000 for mild concussions to several million dollars for severe TBIs causing permanent disability, with the average exceeding $100,000 and severe cases regularly reaching $1 million or more.
Economic damages form the foundation of TBI compensation and include all quantifiable financial losses caused by your injury. Medical expenses encompass emergency treatment, hospitalization, surgeries, diagnostic imaging, rehabilitation, physical therapy, occupational therapy, speech therapy, psychological counseling, prescription medications, and estimated future care costs—which can extend for decades in severe cases. Lost income calculations include wages already missed due to your injury plus diminished future earning capacity if cognitive, physical, or emotional impairments prevent returning to your previous occupation or limit career advancement. Additional economic damages may cover home modifications for disability accessibility, specialized medical equipment, and in-home care services.
Non-economic damages compensate for losses that don’t carry specific price tags but profoundly affect quality of life. These include physical pain and suffering, emotional distress, depression, anxiety, PTSD, loss of enjoyment of life, personality changes that damage relationships, cognitive difficulties affecting independence, and loss of consortium for spouses. Idaho law caps non-economic damages in most personal injury cases, with the current limit adjusted annually for inflation. Factors significantly influencing your case value include the severity and permanence of your brain injury, the strength of evidence proving liability, the defendant’s degree of negligence, your pre-injury earning capacity, your age at the time of injury, available insurance policy limits, and whether punitive damages apply due to egregious conduct. An experienced TBI attorney can evaluate these factors and provide a realistic assessment of your claim’s potential value after thoroughly reviewing your medical records and case circumstances.
