A traumatic brain injury doesn’t just disrupt your life—it can destroy it. In a split second, your ability to think, move, earn a living, and connect with loved ones can be permanently taken from you. When that kind of life-altering damage is caused by someone else’s reckless or negligent behavior, you have every right to demand justice—and we’re here to make sure you get it.
At Miller Tourtlotte Law, PLLC, we stand with individuals and families throughout Yellowstone County—including Billings, Laurel, Lockwood, and beyond—who are facing the brutal aftermath of brain trauma. These cases are high-stakes, and we treat them that way. Our mission is simple: to hold those responsible accountable and fight relentlessly for the compensation you need and the justice you deserve.
In this guide, we explain your legal rights, the kinds of damages you can recover, and how an experienced Yellowstone County traumatic brain injury lawyer can be the force you need when everything is on the line.
Main Types of Traumatic Brain Injuries
Mild Traumatic Brain Injury (Concussion) — A concussion is a mild brain injury that occurs when your brain moves inside your skull after a hit, jolt, or sudden motion. You don’t have to lose consciousness to have one. Common symptoms include headaches, dizziness, nausea, confusion, or feeling mentally “foggy.” These may appear immediately or take hours—or even days—to surface. You might also experience memory issues, mood swings, or balance problems. While most people recover within a few weeks, some symptoms can persist for months. Repeated concussions can lead to permanent brain damage, making them especially concerning.
Moderate Traumatic Brain Injury — Moderate TBIs typically involve a period of unconsciousness lasting several minutes or longer. Waking up disoriented, not remembering the injury, or having difficulty speaking or moving are red flags. Cognitive effects may include trouble concentrating, emotional instability, or depression as the person becomes aware of their limitations. Brain imaging often reveals bruising, swelling, or bleeding. Recovery usually requires physical, occupational, and speech therapy. Some people improve significantly, but others face lasting changes in memory, communication, or mobility.
Severe Traumatic Brain Injury — These are serious injuries that often result in prolonged unconsciousness or coma. The long-term effects can include permanent loss of speech, movement, or awareness. Some survivors may remain in a minimally conscious state or require 24/7 care for the rest of their lives. Others face major physical changes—like paralysis or tremors—and significant cognitive or emotional impairments, such as memory loss or personality shifts. Recovery, if it happens at all, involves years of medical treatment and rehabilitation, often with no full return to prior function.
Penetrating Brain Injury — This type of injury occurs when an object pierces the skull and enters brain tissue. It’s often the result of violence (e.g., gunshots) or high-speed accidents involving debris or shattered glass. These injuries usually involve severe bleeding, open wounds, and a high risk of infection. Emergency surgery is almost always necessary to stabilize the patient. Survivors often face a long and difficult road, with risks including seizures, loss of movement, or problems with speech and emotional regulation. The recovery path is uncertain and often includes long-term disabilities.
Diffuse Axonal Injury (DAI) — DAI happens when the brain moves quickly inside the skull, tearing and stretching nerve fibers. There may be no visible bleeding or skull damage, but the internal injury is serious. It often results in coma or long-term unconsciousness. If the person regains consciousness, they may deal with lasting issues in memory, balance, attention, or muscle control. DAI is commonly caused by rollover car crashes, severe falls, or shaken baby syndrome. Recovery is often slow and unpredictable, requiring a broad support system and extensive medical care.
Coup-Contrecoup Injury — This type of injury involves damage to two parts of the brain: the site of the initial impact (coup) and the opposite side (contrecoup), caused by the brain bouncing against the skull. It often happens in car accidents or violent falls. This dual injury can disrupt planning, emotional regulation, vision, or coordination. Symptoms may include double vision, extreme fatigue, memory loss, and difficulty controlling behavior. The severity depends on how much brain tissue is affected, and recovery often requires both medical and therapeutic support.
Causes of TBIs in Montana
- Motor Vehicle Crashes — High-speed collisions on I-90 or in areas like downtown Billings are a leading cause of TBIs. Even without direct impact, the brain can shift inside the skull from the force.
- Falls From Heights or Unsafe Surfaces — Slips on icy sidewalks, loose flooring, or unstable stairs—especially in workplaces or residential buildings—often lead to head injuries, particularly among older adults.
- Workplace Accidents — Jobs in construction and industry around Yellowstone County carry risks from falling tools, moving equipment, or slip hazards, often resulting in delayed-onset symptoms.
- Sports and Recreational Activities — Concussions frequently occur during football, skiing, biking, and skateboarding, especially without helmets or in high-impact falls.
- Physical Assaults — Blows to the head during assaults can cause internal bleeding or swelling, even when no outward injury is visible. Symptoms may appear hours or days later.
- Falling or Flying Objects — Items dropped from shelves or tools falling on job sites can cause skull fractures or brain trauma, common in warehouses and construction zones.
- Blast or Explosion Exposure — Workers and veterans may suffer TBIs from shockwaves, which can affect memory, balance, and mood—even without visible injury.
- Oxygen Deprivation or Near-Drowning — Brain damage can occur when oxygen is cut off during incidents like near-drownings, cardiac arrest, or suffocation, leading to lasting harm.
Who May Be Responsible for Your Traumatic Brain Injury
Negligent Drivers — When you suffer a traumatic brain injury in a car, truck, or motorcycle crash caused by someone else, that driver may be held legally responsible. Under MCA § 27-1-701, anyone who causes harm by failing to act with reasonable care can be required to pay damages. This applies to distracted, impaired, or reckless drivers.
Business and Property Owners — If you slip, trip, or fall on someone else’s property and hit your head, the owner could be liable. A business or property owner must take reasonable steps to keep their space safe. This includes fixing broken stairs, cleaning up spills, and warning people about hidden hazards.
Employers in Unsafe Workplaces — Most workplace injuries are covered by workers’ compensation, but in some cases—like when an employer willfully violates safety rules—there may be additional legal options. Under MCA § 39-71-413, an injured worker may sue their employer if the injury was caused by the employer’s intentional act or failure to provide a safe work environment.
Medical Providers — If a traumatic brain injury happens because of surgical error, failure to diagnose, or improper treatment, a healthcare provider might be held responsible under MCA § 27-6-103. This law requires a screening panel before most medical malpractice lawsuits can move forward.
Manufacturers of Defective Products — A company that makes or sells a defective part such as a helmet, car part, or safety device that causes or worsens a brain injury may be liable. MCA § 27-1-719 allows you to bring a product liability claim if the product wasn’t reasonably safe when used as intended.
Assailants in Criminal Attacks — If your injury was caused by a violent act like an assault or robbery, the person who hurt you can be held civilly responsible, even if they’re also facing criminal charges. Under MCA § 27-1-317, victims can file a separate lawsuit to recover damages from intentional misconduct.
At-Fault Parties in Fatal Brain Injury Cases — If a loved one dies from a TBI caused by someone else’s actions, you may be able to bring a wrongful death claim. MCA § 27-1-513 allows surviving family members to sue for funeral costs, lost companionship, and the financial support the victim would have provided.
When You’re Partially at Fault — Montana uses a system called “modified comparative fault” under MCA § 27-1-702. That means you can still recover damages even if you were partly responsible for the accident—as long as your share of the fault is less than 51%. Your compensation will be reduced by your percentage of fault.
When Someone Else Was Acting on the Job — If an employee causes your brain injury while working, their employer might be responsible under the legal rule called “respondeat superior.” Montana law recognizes this in cases where the employee was doing their job when the injury happened, though exact liability can depend on the details.
The Role of a Traumatic Brain Injury Lawyer in Yellowstone County
When you suffer a traumatic brain injury, the damage can change your life forever. TBIs often involve invisible symptoms—like memory loss, mood swings, or difficulty focusing—that don’t show up on a scan. Insurance companies love to downplay these injuries because they’re hard to measure. That’s why you need a brain injury attorney in Yellowstone County who knows the science, medicine, and long-term effects of brain trauma. At Miller Tourtlotte Law, PLLC, your legal team will work with medical experts, analyze imaging, and build a clear picture of how your injury affects your future. They’ll prepare a case that explains your reality—not just the paperwork.
From the start, your attorney will handle everything—calls with the insurance company, documentation, and negotiations. If the insurer refuses to pay a fair settlement, your lawyer can file a lawsuit under MCA § 27-1-701 and fight for full compensation. That includes current and future medical bills, therapy, lost wages, reduced earning capacity, pain and suffering, and in wrongful death cases, loss of companionship and funeral costs under MCA § 27-1-513. Your lawyer also knows how to deal with complex situations, like cases involving partial fault (§ 27-1-702) or workplace injuries. Traumatic brain injury cases need precision, patience, and the right strategy.
Questions You Might Ask About Suing for a Traumatic Brain Injury
How do I know if I can sue for a traumatic brain injury?
If someone else’s actions caused your TBI—like in a crash or fall—you may sue under MCA § 27-1-701. A lawyer can help prove the injury and recover money for medical costs and lost income.
Can I sue for a TBI if symptoms didn’t show up right away?
Yes. Many TBI symptoms develop slowly. As long as your injury was caused by someone else, Montana law still allows you to sue, even if you didn’t realize how serious it was until later.
What if I had a TBI but was partly at fault—can I still sue?
Yes. Under MCA § 27-1-702, you can sue for a traumatic brain injury if you were less than 51% at fault. Your recovery is reduced based on your share of responsibility.
Can I sue someone for a TBI from a car crash?
Yes. If a reckless or negligent driver caused your TBI, you can file a personal injury claim under Montana law. Your lawyer will use medical evidence and crash reports to show how the injury happened and why you deserve compensation.
Is a concussion enough to sue for traumatic brain injury damages?
Yes. Even a concussion is a form of TBI. If it was caused by someone else’s carelessness, you may have a valid claim. Don’t let the word “mild” fool you—these injuries can have lasting effects.
Can I sue if my child has a traumatic brain injury?
Absolutely. Montana law lets you sue for a child’s TBI caused by someone’s negligence. Settlements may require court approval to protect the child’s interests. A lawyer helps ensure full compensation for current and future needs.
What kind of damages can I sue for in a TBI case?
You can sue for medical bills, lost income, future care, emotional distress, and pain. If the injury leads to death, MCA § 27-1-513 allows surviving family to seek wrongful death damages too.
Do I need a Billings brain injury attorney to sue those responsible for the injury?
Yes. TBI cases are medically complex and hard to prove. A Montana personal injury lawyer will build your case with expert testimony, handle the insurance companies, and make sure you pursue full compensation under the law.
How long do I have to sue for a traumatic brain injury in Montana?
You usually have three years to file a TBI lawsuit under MCA § 27-2-204. Missing the deadline could permanently block your case, so speak with a lawyer right away to protect your rights.
Can I sue if my spouse died from a traumatic brain injury?
Yes. If your spouse died from a TBI caused by someone else, you can bring a wrongful death lawsuit under MCA § 27-1-513. Damages may include lost support, funeral expenses, and emotional harm.
Yellowstone County Montana Traumatic Brain Injury Attorney
If you or a loved one suffered a TBI, you want experienced personal injury attorneys who understand the full weight of what you’re facing and know how to take the fight directly to the insurance companies and responsible parties. At Miller Tourtlotte Law, PLLC, we have spent decades doing exactly that. Founding partners Matt Tourtlotte and A.J. Miller have handled hundreds of serious injury claims across Montana, with a proven record of standing up to powerful insurance carriers who minimize or deny valid TBI claims. We know the tactics they use, and we don’t back down.
If you’re dealing with a traumatic brain injury, the stakes are too high to wait. You need a legal team with real experience, not just in personal injury law—but in the complex medical, emotional, and financial realities of brain trauma. Let us help you understand your rights, protect your future, and pursue full and fair compensation. Contact Miller Tourtlotte Law, PLLC by calling (406) 888-2222 or contacting us online for a free consultation with our experienced Yellowstone County brain injury attorneys.
