We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.
We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.
When people are injured in accidents, they may sustain significant brain injuries. An injury to the brain can cause lifelong complications and drastically change the person’s life. If a loved one was involved in an accident and they suffered severe head injuries, you can seek representation who will fight for their rights. You can speak with a Minneapolis brain injury lawyer from Madia Law LLC to see how we can help your loved one get justice.
The Centers for Disease Control and Prevention (CDC) states a traumatic brain injury is an injury that disrupts the normal function of the brain. This can happen when the head suffers a blow or bump. In other cases, the head can be jolted or penetrated. Your lawyer will launch an investigation to find out how the accident occurred and how your loved one was affected.
There are several ways that someone can sustain a traumatic brain injury. We’ve helped TBI victims who were harmed in all types of accidents. Some common causes of TBI can include:
The factor that’s present in all of these accidents is that someone acted negligently and this likely could have been prevented. Whether we’re holding a careless driver or reckless company liable for your loved one’s injuries, we’ll make sure to get the evidence necessary to fight for full and fair compensation.
During our investigation of your case, we’ll need to assess medical records to see what kind of brain injury occurred. Some injuries are considered closed injuries, which means there was no penetration to the skull. The head undergoes rapid movement or impact that harms the brain and can result in bleeding and swelling. A penetrating brain injury is when something breaks the skull.
These injuries often need immediate medical attention and can cause a victim to spend a long time in the hospital while they recover. In other cases, one may have a brain injury but not know the extent of it. If someone bumps their head and has a headache but otherwise feel fine, they may not know they have a concussion until after the injury was worsened.
It’s essential to see a doctor so they can assess the brain injury. They’ll be able to start treatment and also prevent further injury. Our Minneapolis brain injury lawyers will review the medical records to see the extent of the injuries.
When our lawyers are calculating compensation, we’ll need to know the full extent of the injuries. This will include what medical treatment is required and how the brain injury will affect the person for the rest of their life.
The person’s injury could result in cognitive issues like confusion, memory issues, judgment, and problem-solving. However, these injuries can also cause physical issues, too.
Balance, paralysis, controlling motor movements, tremors, and coordination can all be affected. Additionally, one’s senses may change, along with sensation in parts of the body.
Tasks involving communication and language can also be more difficult. Difficulty with reading, speaking, forming sentences, understanding speech, working with numbers, and a decrease in vocabulary may occur.
Because of how severely a brain injury can affect someone, the person may need care well into the future. TBI patients may need to have surgery, take medication, and have a team of several specialists involved in their recovery.
Neurologists, rehabilitation nurses, physiatrists, physical and occupational therapists, and psychiatrists are just some examples of how many professionals one recovering from a brain injury could need. Relearning how to speak, swallow, and perform daily tasks could take a patient a long time to be able to do on their own.
In severe cases, a brain injury could result in your loved one being in a coma. The severity of the injury and what part of the brain was harmed can determine the coma’s depth. While some may make a strong recovery after a coma, others may have disabilities for the rest of their life.
The medical costs of treating a brain injury can pile up quickly. This financial debt can create a lot of additional stress that can weigh on the TBI patient and their families. That’s where our lawyers step in.
We understand how difficult this time can be. Our lawyers can help you fight for your loved one. We’ll fight for compensation that covers the costs of medical bills and future care so your loved one can get the treatment they deserve. We’ll handle the legal side of things so you can be there to support your loved one.
A brain injury can have life-changing effects that can be difficult to deal with. When a loved one is going through the lengthy recovery process, they may also be experiencing the emotional losses of the injury. Mental anguish, pain and suffering, and loss of enjoyment of life are outcomes of the accident that we’ll include in your loved one’s compensation. You can trust your Minneapolis brain injury lawyer to protect your loved one’s best interests.
We’ll build a strong case that proves their injuries were the result of another’s negligence. We’ll hold them accountable and start fighting for compensation that will allow your loved one to have the financial security they need for the future.
While the road to recovery for a brain injury can be long, we’ll do everything we can to make sure your loved one gets the foundation they need to do so.
We have a process that works in getting exceptional results for our clients.
We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely. We interview witnesses that can help us prove the case. We’ll ask you for all relevant documents in your possession and review those carefully as well. We also will spend some time conducting legal research about unique issues in the case. We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial.
Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward. Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.
If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit. Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required. We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points. Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims. A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations. Of course, by that time, the price for settlement has gone up.
Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions. Not us. Written discovery is a gift and an opportunity. We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case. Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections. We view this as a wonderful opportunity. In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on. We also use Requests for Admission – which many lawyers don’t. The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts. We send them RFAs that are very difficult for them to deny. Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true. And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA. That’s a great situation that leads to more chaos and confusion on the defense side.
One last point on written discovery – we send multiple waves of it throughout discovery. We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery. This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses. This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.
This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible. So the witness has to either lie to support the defense, or admit it’s not true. That’s a dilemma that works for our clients either way, no matter which option the witness takes. We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is. We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.
The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases. We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery. We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.
Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.
After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.
This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries. We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials. At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct. As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.