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Indianapolis Brain Injury Lawyer

Brain injuries are among the most devastating personal injuries that you can sustain in an accident. Whether your injury is a result of a car accident, motorcycle accident, construction accident, or slip and fall, the repercussions of a brain injury can be extensive and life-threatening. Brain injuries can affect the way a person thinks, moves about, and controls his or her emotions. Although brain injury causes and outcomes vary, those who survive head injuries will deal with life changing injuries. If you or a loved one has suffered a brain injury because of someone else’s negligence, do not hesitate to contact Batesky Law Office. We will review your case and help you through every step of the way.

We have represented hundreds of clients who have suffered a traumatic brain injury in our nearly 30 years of practice.

You Might Have A Case If...

1.4 million people sustain a brain injury each year in the United States

You have suffered a brain injury in an accident.

The accident was not your fault.

The accident was a result of negligence from someone else.

You have suffered serious loss as a result of the accident.

The injury caused economic or non-economic damages.

Our Personal Approach

Whether your brain injury was sustained while in a car accident, slip and fall, or other trauma to the head, it is always best to hire an experienced attorney who can help you receive the most compensation. Attorney Richard Batesky of Batesky Law Office has nearly three decades of experience successfully handling brain injury claims in Indianapolis.

Brain injuries can inhibit a person’s mental or physical abilities. Some cases result in mild, acute symptoms while others require care for the rest of their lives. As with every injury case we handle, you can be assured that your rights are guarded and you will receive the maximum compensation for damages including lost wages, medical bills, and pain and suffering.

When you contact Batesky Law Office, you can be assured that you are speaking with a lawyer who will listen closely, answer your questions, explain your rights, and discuss your options for moving forward. We will review all medical records and investigate your case to determine the best course of action.

Because of the masked symptoms, it can be hard for a someone who has suffered a brain injury to recover adequate damages for their injuries. It can be difficult to prove the lasting physical effects of any type of brain injury or damage to the satisfaction of a jury when there are no apparent physical injuries and when neurological exams return normal results. Attorney Richard Batesky has experience with traumatic brain injury cases and is aware of the multitude of long-term effects that can plague a traumatic brain injury victim. We also have experience with effective methods of proving the impact of these injuries.

Attorney Richard Batesky has helped hundreds of clients have successful outcomes for injuries that suddenly changed their lives. If you or someone you love has suffered a brain injury, do not hesitate to contact our office. We know the games that insurance companies play and will fight to get you all of the compensation that you deserve.

Since an initial case consultation and evaluation of your Indiana brain injury claim is free of charge, you have nothing to lose and everything to gain by having us review your claim.

Types of Brain Injury


A concussion is a mild form of traumatic brain injury that is caused by shaking, an impact to the head, or a sudden change in movement such as whiplash. When a person experiences a concussion, they may suffer a few seconds or minutes of unconsciousness or become dazed, confused, or disoriented while maintaining consciousness.

Common symptoms that many people experience when they have a concussion are:

  • Painful Headaches
  • Balance Problems
  • Dizziness
  • Personality Changes

Even though they are mild, concussions affect brain function. While they are usually not life-threatening, serious symptoms can occur from them and they should always be approached with care and involve medical intervention. Oftentimes, concussions cannot be seen through an imaging test, but they should still be considered dangerous and be treated as so.


A brain contusion is a bruise of the brain tissue, just like one that appears on the skin. Just like any other bruise, it is caused by the breaking and leaking of small blood vessels. On the surface, the leaking blood is what causes the blue coloring. On the brain, the leaking causes many issues that mostly relate to a building of pressure.

Brain contusions can be caused by any impact or trauma to the brain. A contusion may occur when:

  • The head hits the steering wheel in a car accident
  • A slip and fall that results in the head hitting the ground
  • A sports related accident in which the head/brain takes the impact
  • An object falls on a construction site and lands on the head

During the impact, it is possible for the brain to be damaged directly under the site of impact, on the opposite side of the brain, or both. Contusions can range from minor to extremely severe. Severe contusions may cause a loss of consciousness, confusion, tiredness, emotional distress, and/or agitation. Brain swelling, oxygen deprivation, and other consequences are the most severe symptoms from a brain contusion.

Penetrating Brain Injury

Penetrating brain injuries occur when some type of object pierced through the skull. This can cause the object itself, hair, skin, or fragments of the skill to make contact with the brain. The contact and force on the brain can cause serious injury to a concentrated part of the brain.

Penetrating brain injuries may be caused by objects that are strong enough to break through the skull such as:

  • Slip and fall causing the skull to crack
  • Motor vehicle accident in which an object breaks the skill
  • Gunshot wound to the head
  • Sports-related injury due to excessive force

The harm caused by a penetrating head injury depends on the depth and location of the wound as well as the specific area of the brain that is damaged. A serious penetrating head wound can instantly be fatal or cause long-term complication that lead to varying levels of disability.

Anoxic Brain Injury

Anoxic brain injury occurs when the brain does not receive enough oxygen to properly function. After just four to five minutes without proper oxygen, brain cells will begin to die and the injury can be worsened. Since oxygen is carried to the brain by blood, anoxic brain damage most often occurs because of a blockage. A blockage that prevents oxygenating of the brain can occur as a result of blood clots, stroke, heart attacks, and other serious traumas.

Anything that deprives the brain of oxygen can lead to an anoxic brain injury. The most common causes of anoxic brain injury include:

  • Oxygen deprivation at birth when babies become trapped or the cord is wrapped around its neck
  • Traumatic attack or assault
  • Stroke
  • Choking
  • Anaphylactic shock
  • A sudden blow to the windpipe

There are significant signs and symptoms that an individual has experienced brain damage as a result of oxygen deprivation. The length of time and degree of oxygen deprivation generally determines the severity of the condition. Signs and symptoms of anoxic brain injury include memory loss, behavior changes, amnesia, hallucinations, and poor motor coordination.

Causes of Brain Injury

  • Car accidents can cause trauma such as whiplash and blows to the head.
  • When you slip, trip, or fall, the risk of hitting your head is high and can cause serious damage to your brain.
  • A gunshot wound to the head can cause serious damage as the bullet typically penetrates through the skull and into the brain tissue.
  • If you are nearby when an attack or blast occurs, you are at risk for falling and hitting your head or penetrating head wounds.
  • A stroke directly causes damage to the brain and can lead to oxygen deprivation.
  • There are several traumas that can cause a lack of oxygen to the brain and these can be among the worst brain injuries a person can sustain.
  • High impact sports put individuals at a higher risk of brain injury.
  • Some illnesses cause trauma to the brain such as encephalitis and meningitis.
  • Strangulation can cause lack of oxygen to the brain thus causing an injury to occur.


Hospitalizations every year for traumatic brain injury

Falls are the leading cause of traumatic brain injury

Legal Steps for Brain Injury Claims in Indiana

In order to have a successful outcome, an extensive investigation into your medical records and case is a vital step in the legal process. Interviewing witnesses of accidents, combing through records to determine when the injury occurred, and preserving key evidence is extremely in any brain injury case.

When your attorney files a lawsuit, your case has officially begun. An experienced attorney in Indiana will notify the court and the defendant that a personal injury case has been filed and that they are your counsel. The defendant is required to send an answer to acknowledge that the case will be proceeding.

The investigation and process of gathering information are included in the discovery phase of your lawsuit. This is where attorneys depose the plaintiff and the defendant to gather all evidence to present a solid case in court. Your attorney will prepare you for the deposition ahead of time and will always be present to prevent you from answering unfair or irrelevant questions.

Often, insurance companies choose to settle cases before going to trial since settlement is far less costly than litigation. After the discovery phase, the attorneys on both sides of the case will determine whether a settlement can be agreed upon. If no agreement can be reached or you attorney feels that you are not receiving maximum compensation, then your case will go to trial.

Brain injury claims can take months or years to settle or resolve. Evidence requests, schedule conflicts, and other conflicts may arise that push your trial date. An experienced attorney will keep you informed and do his best to expedite proceedings so that you can be compensated for your loss.

FAQs for Brain Injury Claims in Indiana


Is it possible to have a brain injury if I did not lose consciousness after my accident?


Loss of consciousness is one sign of a brain injury, but you can suffer a brain injury without losing consciousness. Subtle brain injuries may be difficult to diagnose.


What are some common causes of brain injury?


The most common causes of brain injury are physical trauma, medical error, and illness.


Can negligent medical care and treatment by a healthcare professional cause brain injury?


Absolutely. Negligent medical treatment by any healthcare professional can cause brain damage.


I can't afford to hire a lawyer but I have sustained a brain injury. What are the options?


Attorney Richard Batesky does not collect a fee unless your case is won. Consultations are always complimentary so schedule yours today!


How long should I wait before hiring a brain injury attorney?


The sooner you hire an attorney, the better. Your attorney will perform a prompt investigation and ensure that you are getting medical care that is appropriate.


What is the deadline for filing my lawsuit?


In Indiana, the deadline for filing a lawsuit for brain injury is two years from the date of the incident.


Should I contact the other party's insurance company after an injury?


Absolutely not. Never give an oral or written statement about your incident. Insurance companies will do what it takes to reduce you settlement.

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Benefits of Hiring an Accident Attorney

  1. Settlement advances available
  2. Complimentary telephone, home or hospital consultation
  3. Convenient office location in downtown Indianapolis
  4. No fees until we win
  5. Extremely high success rate

Contact An Experienced Indiana Attorney Today

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