Burlington Traumatic Brain Injury Lawyer

A traumatic brain injury rarely announces itself the way a broken bone does. The headaches, the missing words, the sudden flashes of anger at people you love, the exhaustion that no amount of sleep touches, these are the pieces of a TBI that your family notices first, and that an insurance adjuster will spend months pretending not to see.

At Promoting Justice Personal Injury & Car Accident Lawyers, our Burlington traumatic brain injury attorneys have spent decades standing between injured Vermonters and the insurance companies that would rather write a small check today than pay for the lifetime of care a brain injury actually demands. At Promoting Justice, we are a plaintiff-only firm, which means we never represent insurers or corporations, and every decision we make is made entirely in your interest.

Contact us today for a free case evaluation and discover how our traumatic brain injury attorneys in Burlington, VT, can help you secure the resources your recovery requires. We take every TBI case on a contingency fee basis and advance all litigation costs ourselves, so you pay us nothing unless we recover compensation for you.

What We Do in the First 48 Hours After You Call

Here is what we do in the first 48 hours after you call us:

• Preserve evidence: We send legal notices, called spoliation letters, requiring that surveillance footage, vehicle data, and maintenance records be preserved before they can be legally destroyed.
• Block insurer contact: We take over all communications with insurance adjusters so you are protected from the moment you hire us.
• Coordinate your care: We connect you with the neurologists and specialists your injury demands so your medical documentation is thorough and credible.
• Investigate independently: Our team goes to the scene, interviews witnesses, and uncovers facts that the police report never captures.

What Is a Traumatic Brain Injury?

A traumatic brain injury, or TBI, is damage to the brain caused by an external force such as a blow, a jolt, or a penetrating object. TBIs fall into two broad categories: a closed head injury, where the skull stays intact but the brain is rattled or bruised inside it, and a penetrating injury, where an object breaks through the skull and enters brain tissue directly.

Even a so-called “mild” TBI can produce symptoms that linger for months or permanently change the way you think, feel, and function. The gap between a medical label and the daily reality of living with a brain injury is exactly what we document and fight to prove at every stage of your case.

What Causes TBIs in Burlington?

Most brain injuries are not random misfortune. They are the foreseeable result of someone’s carelessness, and someone who was careless can be held legally and financially accountable.

Motor Vehicle and Road Crashes

Burlington car crashes, along with truck and motorcycle collisions, are the most common source of TBIs we handle in Vermont. The violent deceleration of a collision forces the brain to shift rapidly inside the skull, which can tear nerve fibers and cause bleeding that a standard CT scan will never detect. We also represent TBI victims injured in snowmobile and boating accidents throughout the Burlington area.

Falls and Unsafe Premises

Vermont property owners, landlords, retailers, and municipalities alike, are legally required to maintain safe conditions on their premises. When they neglect that duty and you fall on an icy walkway, a broken railing, or an unmarked hazard, they bear full responsibility for every consequence. We recovered $425,000 for a client who suffered a TBI after falling on a landlord’s unmaintained staircase.

Worksite and Construction Incidents

Falls from scaffolding or ladders and struck-by-object accidents are a constant danger on Vermont job sites. These cases often involve both a workers’ compensation claim and a separate third-party personal injury lawsuit, a legal complexity our team handles every day.

Defective Products and Medical Errors

A defective helmet or a faulty airbag can fail you at the moment you need protection most. Medical errors, such as a missed or delayed diagnosis of a subdural hematoma after a head injury, can transform a survivable injury into a permanent disability.

What Symptoms Point to a TBI?

TBI symptoms do not always appear immediately after an accident, and insurance companies exploit this delay to argue your injury is not serious. See a doctor the same day as your accident and report every symptom you notice, no matter how minor it seems.

Physical symptoms:

• Persistent headaches or pressure behind the eyes
• Nausea, vomiting, or dizziness
• Sensitivity to light or sound
• Fatigue and disrupted sleep patterns
• Seizures

Cognitive and emotional symptoms:

• Memory problems and difficulty concentrating
• Slowed thinking or mental fogginess
• Mood swings, irritability, or sudden personality changes
• Anxiety or depression that was not present before the accident

Why Documentation Makes or Breaks Your Claim

A brain injury is invisible to anyone not looking for it, and insurers count on that invisibility to lowball your claim. Advanced MRI imaging, including a technique called **DTI (diffusion tensor imaging)**, can reveal microscopic nerve fiber damage that standard CT scans miss entirely. We guide our clients through every diagnostic step and connect them with the specialists who produce this evidence, because a well-documented injury is the foundation of a well-compensated claim.

Types of TBIs We Handle in Burlington

What Compensation Can You Recover for a Burlington TBI?

Vermont law allows TBI victims to pursue the full economic and personal cost of their injury, far beyond the initial hospital bill. There are no caps on compensatory damages in Vermont TBI cases, and we fight to recover every dollar across the full range of damages available to you.

• Past and future medical expenses: Every cost from the emergency room through surgery, rehabilitation, cognitive therapy, and lifelong care.
• Lost wages and earning capacity: Income already lost and the full career trajectory your injury has permanently derailed.
• Pain and suffering: Compensation for the physical agony and emotional toll of living with a brain injury every single day.
• Loss of enjoyment of life: Damages for the hobbies, activities, and relationships you can no longer fully participate in.
• Loss of consortium: Compensation for the impact your injury has had on your closest personal relationships.
• Wrongful death damages: If a TBI proves fatal, your surviving family can bring a full wrongful death claim.

“I could never have successfully handled the complex medical systems without their expertise. I never felt alone and would definitely recommend them.” (Gretchen W., client review)

How Vermont’s Modified Comparative Negligence Rule Affects Your Claim

Vermont follows a modified comparative negligence rule: you can still recover compensation even if you were partially at fault for the accident, as long as your share of blame does not reach 51% or more. Insurance companies routinely try to inflate your percentage of fault, claiming you were distracted, not wearing a seatbelt, or had a pre-existing condition, to reduce what they owe you.

Our job is to build a case that shuts that strategy down entirely. We also make sure your claim is filed within Vermont’s statute of limitations, generally three years from the date of injury, though claims against government entities carry significantly shorter deadlines.

How We Build Your TBI Case

Immediate Investigation and Evidence Preservation

We secure accident scene evidence without delay, gathering police and incident reports, pulling maintenance logs, and reaching every available witness before critical details are lost forever.

Medical Proof and Expert Testimony

We retain neurologists, neuropsychologists, and neuroradiologists who explain the full science of your injury to a jury in plain, powerful language. Their testimony transforms complex medical data into an undeniable picture of what happened inside your brain and what it will cost you for the rest of your life.

Life Care Plans and Economic Loss Models

For serious TBI cases, we bring in certified life care planners to project every future medical need and vocational economists to put an exact, evidence-backed figure on your lost lifetime earnings. These are the numbers that drive insurance companies to the settlement table.

Our Results and Our Team

We recovered $2,000,000 in a combined workers’ compensation and auto accident case and have secured verdicts and settlements for TBI victims across Vermont. Our firm was founded on the belief that every injured Vermonter deserves the same aggressive, personalized representation we would want for our own families.

• Dennis O. Shillen: Founding attorney with extensive courtroom experience, AV Preeminent-rated and recognized by Super Lawyers for his plaintiff-side advocacy.
• D. James Mackall: Member of the Vermont Association for Justice Board of Governors and published legal author with over 35 years of experience fighting for injured Vermonters.
• Linda Fraas: A former insurance defense attorney who now applies every bit of that insider knowledge exclusively in service of our clients.

What to Do After a Suspected TBI in Burlington

The steps you take immediately after your accident directly shape both your recovery and your legal claim.

Step 1, See a Doctor the Same Day: Go to the emergency room or your primary care physician right away, report every symptom you experience, and follow your doctor’s instructions without exception.

Step 2, Preserve Everything: Hold onto all medical records, bills, police reports, and repair estimates. Collect contact information from anyone who witnessed the accident.

Step 3, Call Us Before Talking to the Insurance Company: Do not give a recorded statement or sign any documents before speaking with our team. One misstep in those early conversations can permanently limit your recovery.

Traumatic Brain Injury FAQs

Can I Still File a TBI Claim if My CT Scan Came Back Normal?

Yes. Many serious brain injuries, especially diffuse axonal injuries, are invisible on standard CT scans and require advanced imaging or neuropsychological testing to detect and document.

How Long Do I Have to File a TBI Lawsuit in Vermont?

Vermont law generally gives TBI victims three years from the date of injury to file, but claims involving government entities can carry much shorter deadlines.

Should I Accept the Insurance Company’s First Settlement Offer?

Almost never. Early offers are made before the full extent of your TBI is understood, and signing one permanently surrenders your right to seek any additional compensation.

Can a Family Member File a TBI Claim if the Injured Person Cannot?

Yes. A spouse, parent, or court-appointed guardian can pursue a claim on behalf of a TBI survivor who is incapacitated and unable to act independently.

Speak with a Burlington Traumatic Brain Injury Lawyer Today

We represent injured Vermonters and only injured Vermonters, never corporations, never insurance companies. When powerful insurers have entire legal teams protecting their bottom line, you deserve a team that is just as dedicated to protecting yours. Consultations are always free, all litigation costs are advanced by our firm, and you owe us nothing unless we win.

Call Promoting Justice Personal Injury & Car Accident Lawyers at (802) 457-4848 or reach out online to schedule your free consultation today.