Minnesota Brain Injury Lawyer
A brain injury changes everything. The person who wakes up after a TBI is often not the same person who went to sleep. Memory, personality, and the ability to do things that used to come easily can all shift overnight, and recovery often means re-learning what the injury took. If you or someone you love suffered a head injury, concussion, or traumatic brain injury in Minnesota, the diagnosis is only part of the problem. You’re dealing with symptoms no one can see, medical bills no one warned you about, and an insurance company that wants to close the file before the full picture is clear. You need a brain injury lawyer who understands what comes next.
At Swor & Gatto, we’ve represented injured Minnesotans since 1981. Our attorneys have recovered more than $250 million for clients across 10,000+ cases. We’ve built brain injury claims that paid for lifetime care, long-term rehabilitation, and the real cost of a life that’s no longer the same.
Your consultation is free. You pay nothing unless we win. Call (651) 454-3600 or request a free case review online.
Why you need a Brain Injury Attorney After a TBI
Traumatic brain injury (TBI) cases are harder than most personal injury claims, and insurers know it. When the injury doesn’t show up cleanly on a CT scan, adjusters discount symptoms, question the diagnosis, and push for a fast, low settlement before the long-term picture is clear. Without a brain injury attorney on your side, you’re negotiating against people trained to find reasons to pay less.
In Minnesota, you generally have two years from the date of injury to file a brain injury lawsuit under Minn. Stat. § 541.05. That sounds like plenty of time, but TBI cases often need months of neuropsychological testing, vocational assessment, and life-care planning before the full value of the claim is understood. Miss the filing deadline, and the strength of your medical evidence no longer matters.
Brain injury claims also tend to involve more than one liable party. A worksite TBI might implicate the property owner, a subcontractor, and an equipment manufacturer. A crash-related brain injury might involve the driver, the driver’s employer, and the city that failed to maintain a safe roadway. Identifying every source of recovery is often the difference between a settlement that covers this year’s medical bills and one that covers a lifetime of care.
We handle brain injury claims on a contingency fee basis. That means you pay no attorney fees up front, and we only get paid if we recover compensation for you. Your first consultation is free, and we’ll give you an honest read on your case from the first meeting, not after the statute runs.
Meet the Swor & Gatto Brain Injury Team
A short introduction to the attorneys handling your case and how we approach brain injury claims in Minnesota.
Types of Brain Injury Cases We Handle
Brain injuries are classified by severity, by mechanism, and by cause. We represent Minnesotans across every category, and the right legal strategy depends on how the injury happened and how it’s affecting your life now.
Traumatic Brain Injury (TBI)
TBI is any injury caused by an external force disrupting normal brain function. We represent clients with closed-head injuries (the most common form), penetrating injuries, and the full severity range: mild, moderate, and severe. Severe TBIs often require surgery, long inpatient rehab, and lifetime support. Mild TBIs can still end a career. We build cases that document the real impact, not just the ER note.
Concussion and Mild TBI
A concussion is the mildest form of traumatic brain injury, but that doesn’t mean it’s minor. Post-concussion syndrome can produce headaches, memory problems, light sensitivity, and mood changes for months or years. Insurers routinely undervalue these claims because the scans look normal. We work with neuropsychologists and vestibular specialists to document cognitive and functional losses that imaging doesn’t capture.
Head Injury and Head Trauma
Not every head injury is a brain injury, and not every brain injury shows up as a head injury. Skull fractures, facial trauma, and scalp lacerations often coexist with closed-head brain injury. Our head injury lawyers coordinate with trauma surgeons, neurologists, and radiologists to connect the visible injury to the underlying brain damage when the medical record is fragmented across providers.
Anoxic and Hypoxic Brain Injury
Anoxic and hypoxic brain injuries happen when the brain is deprived of oxygen: near drowning, cardiac arrest, choking, surgical error, overdose, or failure to respond to fetal distress during delivery. These cases turn on timing (how many minutes without oxygen) and documentation. We work with emergency medicine experts and neurologists to establish both the cause and the long-term cognitive impact.
Coup-Contrecoup Injury
A coup-contrecoup injury is brain trauma that occurs on both sides of the brain when the head stops suddenly, the brain hits the skull on impact, then hits the opposite side on the rebound. The pattern is common in car accidents and falls. We wrote about it on our blog, and we’ve been proving these injuries in Minnesota courts for decades.
Brain Injury from Car Accidents
High-speed collisions are the leading cause of traumatic brain injury in Minnesota. Even low-speed crashes can cause TBI when the head whips forward and back. Car accident brain injury cases require fast evidence preservation: the vehicle, the police report, the 911 audio, and medical records from the first 48 hours. We handle the crash claim and the brain injury claim together.
Brain Injury from Slip and Fall
Falls are the second leading cause of TBI, especially for older adults and children. Slip and fall brain injury claims depend on proving the property owner knew (or should have known) about the hazard and failed to fix it. Minnesota’s premises liability rules, combined with modified comparative fault, make these cases winnable but detail-heavy. We work fast to preserve surveillance footage and maintenance records.
Brain Injury from Truck Accidents
Truck accident brain injuries are often catastrophic. The size and weight difference between a commercial truck and a passenger vehicle means occupants of the smaller vehicle take the worst of the impact. These cases involve federal trucking regulations, driver logs, and corporate defendants with experienced defense counsel. We’ve tried these cases, and we’ve settled them for figures that reflect the real cost of a lifelong injury.
Brain Injury from Workplace Accidents
Construction sites, industrial floors, warehouses, and offices all produce brain injuries that go beyond workers’ compensation. Falls from height, being struck by falling objects, machinery failures, and explosions are the most common mechanisms. Workers’ comp covers some costs but caps what you can recover and usually excludes pain and suffering. Our workplace brain injury cases focus on third-party liability: the equipment manufacturer, the property owner, the general contractor, or the subcontractor whose negligence contributed to the injury. That path runs alongside the workers’ comp claim and often recovers multiples of what workers’ comp pays. See our workplace injuries pillar for the full picture.
Brain Injuries and Related Conditions We Represent
Brain injuries fall on a spectrum, and the legal strategy changes at every point. Our clients come to us with diagnoses that range from sports-related concussion to diffuse axonal injury requiring long-term care.
We represent clients with concussion and post-concussion syndrome; moderate and severe traumatic brain injury; diffuse axonal injury; subdural, epidural, and intracerebral hematomas; contusions and coup-contrecoup injuries; anoxic and hypoxic brain injury; and brain injury leading to coma, permanent disability, or death.
Many brain injury cases also involve spinal cord injury. If you’re searching for a brain and spine injury lawyer after a serious crash or fall, we handle both together. Combined neurological injuries often qualify for additional damages categories and benefit from coordinated expert testimony. See our catastrophic injury and wrongful death pages for more detail on cases involving permanent disability or a fatal outcome.
What Your Brain Injury Case Is Worth
Every family that calls us wants to know the same thing: how much is a brain injury case worth? We can’t promise a dollar figure. What we can do is explain what goes into the valuation, so you can tell a fair offer from a lowball one.
Medical Expenses
Past and future medical costs, including surgery, hospitalization, rehabilitation, therapy, and prescription care.
Lost Wages
Income lost during recovery and reduced future earning capacity when the injury limits return to work.
Non-economic damages for physical pain, cognitive decline, emotional distress, and loss of quality of life.
Long-term care, adaptive devices, home modifications, assistive technology, ongoing therapy, and supervised living.
The value of a brain injury claim depends on several factors: the severity of the injury, the length of recovery, whether you return to your previous work, the clarity of liability, and the available insurance coverage. Cases involving permanent cognitive impairment, inability to work, or the need for lifetime care typically settle for higher amounts because the documented future costs are larger.
Our track record of more than $250 million recovered for clients across 10,000+ cases reflects how we build these claims. We work with neuropsychologists, vocational economists, life-care planners, and treating physicians to put a defensible number on the full cost of a brain injury, not just this year’s medical bills.
That cost often includes adaptive devices specific to the injury: speech-generating technology for aphasia, cognitive aids for memory deficits, home modifications for mobility loss, and assistive communication tools. We document each category so the settlement reflects the real day-to-day cost of living with a brain injury.
Factors That Influence Brain Injury Settlements
No two brain injury cases settle for the same amount because no two injuries produce the same outcome. Several factors drive case value up or down. The most important are severity of the TBI, whether surgery was required, length of treatment, whether symptoms are permanent, strength of the medical evidence, number of liable parties, your percentage of comparative fault, available insurance coverage, and how the injury affects your ability to earn a living.
Your attorney evaluates these factors against the facts of your case and the verdicts Minnesota juries have returned for similar injuries. That’s how we tell a fair settlement from a quick-close offer.
How Long Brain Injury Cases Take to Settle
Most brain injury cases settle in 12 to 24 months. Straightforward cases with clear liability and documented cognitive deficits can resolve faster. Complex cases with disputed liability, multiple defendants, or ongoing treatment take longer, sometimes two years or more.
The biggest timing factor is maximum medical improvement (MMI). Settling before you reach MMI risks locking in a number before the full cost of the injury is known. We’d rather wait, document thoroughly, and file suit if needed than close early for less than the case is worth.
How Minnesota Brain Injury Laws Affect Your Case
Minnesota has specific rules that shape how brain injury cases are filed, tried, and valued. These rules are the reason a local firm with decades of state court experience matters more in a TBI case than in most other claim types.
Statute of Limitations. You generally have two years from the date of injury to file a brain injury lawsuit in Minnesota, under Minn. Stat. § 541.05. The clock often starts at the date of the accident, but Minnesota’s discovery rule can extend it in some brain injury cases where symptoms surface weeks or months later. Claims against government entities (cities, counties, the state) may require written notice within 180 days, which is much shorter than the general statute. If you’re unsure which deadline applies, talk to an attorney before you assume you have time.
Comparative Fault. Minnesota follows a modified comparative fault rule under Minn. Stat. § 604.01. You can recover damages as long as you were not more than 50 percent at fault. Your compensation is reduced by your percentage of responsibility. If a jury finds you 20 percent at fault and your damages total $1 million, your recovery is $800,000. In brain injury cases, the defense almost always argues some fault on the injured person, and countering those arguments is a core part of what we do.
Damages Caps. Minnesota does not cap non-economic damages (pain and suffering, loss of enjoyment of life) in most personal injury cases. Medical malpractice is an exception, with specific procedural requirements that must be met before filing. Punitive damages, available when there’s clear and convincing evidence of deliberate disregard for safety under Minn. Stat. § 549.20, require a separate motion and are awarded only in limited circumstances.
Insurance Coverage. Brain injury claims often exceed the at-fault party’s liability limits. Identifying every source of coverage, including underinsured motorist (UIM) policies, umbrella policies, commercial policies, and employer coverage, is essential when lifetime care costs are on the table. In Minnesota, Personal Injury Protection (PIP) covers the first $20,000 of medical expenses after an auto-related TBI, regardless of fault.
Local Court Jurisdictions. Depending on where the injury occurred, your case will be filed in Hennepin County (Minneapolis), Ramsey County (St. Paul), or one of the surrounding county courts including Dakota, Washington, Anoka, or Scott County. Each court has its own judges, procedural expectations, and jury pool. We’ve practiced in every one of them for more than four decades.
Brain Injury Lawyer Serving Minneapolis, St. Paul & Surrounding Areas
Minneapolis Coverage
We represent brain injury clients throughout Minneapolis and Hennepin County. That includes Minneapolis Highway 394 and 35W corridor crashes, falls at downtown commercial properties, and workplace TBIs on construction sites across the metro. Hennepin County District Court handles the majority of these cases, and we’ve tried them in that courthouse since 1981.
St. Paul Coverage
Our firm is based in St. Paul, and Ramsey County is home. We handle brain injury cases from crashes along I-94, falls on downtown St. Paul ice and property, and workplace head injuries across the east metro. Our attorneys know the judges, court staff, and local defense counsel. That familiarity matters when a case goes to trial.
Also serving: Bloomington, Eden Prairie, Eagan, Woodbury, Plymouth, Maple Grove, Brooklyn Park, Burnsville, Lakeville, and surrounding communities.
What to Expect When You Work With Us
Hiring a brain injury lawyer is a new experience for most families. We try to make the process feel less opaque by explaining exactly what happens at each step.
01
Free Initial Consultation
We meet at our office, your home, or the hospital, whichever works. We listen to what happened, explain your options, and answer your questions at no cost. If we don’t think you have a case, we’ll tell you.
02
Investigation & Evidence Preservation
We move fast on the evidence that disappears first: surveillance footage, 911 audio, vehicle data, maintenance records, witness statements. In brain injury cases, we also request complete medical records and imaging from every provider involved.
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Insurance Communications
We take over all communication with the other side’s insurer. You don’t give a recorded statement, you don’t sign a medical release they sent over, and you don’t answer their questions about your social media.
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We work with neuropsychologists, neurologists, life-care planners, vocational economists, and treating physicians to document the injury and its long-term cost. For complex brain injury cases, we also coordinate with day-in-the-life videographers and family members who can speak to the changes.
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Most brain injury cases settle through negotiation or mediation. When the insurer won’t offer fair value, we file suit and prepare for trial. That preparation often moves the case toward settlement on its own. If it doesn’t, we’re ready for the courtroom.
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We work on contingency. You pay no attorney fees up front, and we only get paid if we secure compensation for you. Se habla español.
What to Do After Head Injury or Suspected Brain Injury in Minnesota
What you do in the first hours and days after a head injury can change the outcome of a brain injury claim. The symptoms of TBI often don’t appear immediately, which is why the next six steps matter.
Ensure safety first and call 911 if anyone is injured or unconscious. Even if the head impact seemed minor, get a medical evaluation the same day. Many serious brain injuries, including subdural hematomas and diffuse axonal injuries, don’t show symptoms until hours or days later. A clear CT scan at the ER does not rule out a TBI.
Start documenting symptoms in a dated log the same week: headaches, memory gaps, sensitivity to light or sound, sleep changes, mood changes, difficulty focusing. Insurers often argue that delayed-onset symptoms aren’t related to the accident, and a contemporaneous log from the injured person is one of the strongest pieces of evidence to counter that argument.
Preserve everything related to the incident. Don’t repair damaged property, don’t discard damaged gear, keep every medical record and receipt. Do not post about the accident or your recovery on social media. Insurance companies monitor claimants’ accounts, and a photo of you smiling at a birthday party can become exhibit A in an argument that your injuries aren’t serious.
Do not give a recorded statement to the other party’s insurance company without talking to an attorney first. Adjusters are trained to ask questions designed to minimize the claim. Call Swor & Gatto at (651) 454-3600 before that call happens.
Frequently Asked Questions About Brain Injury Claims
How long do I have to file a brain injury lawsuit in Minnesota?
What are the common signs of a traumatic brain injury (TBI)?
Common signs of a TBI include headache, confusion, memory problems, dizziness, light or sound sensitivity, nausea, blurred vision, mood changes, and trouble concentrating. Loss of consciousness, even briefly, is a clear warning. Moderate and severe TBI can also include persistent headache, repeated vomiting, seizures, and weakness in the limbs. Symptoms often don’t appear for hours or days after the injury, which is why a same-day medical evaluation is essential after any significant head impact.
Can you sue for a concussion?
Yes, you can sue for a concussion in Minnesota if another party’s negligence caused the injury. Concussions are a form of mild traumatic brain injury, and the law treats them as a real, compensable injury. The challenge is documenting the cognitive, emotional, and functional effects, which often don’t appear on imaging. That’s where medical records, neuropsych testing, and a detailed symptom log become critical.
How much is a brain injury settlement worth?
Brain injury settlements vary widely based on severity, but serious TBIs often settle in the high six figures to several million dollars. Mild concussion claims with full recovery might settle for tens of thousands. Severe TBIs with permanent disability and lifetime care needs regularly exceed a million dollars. The specific number depends on medical costs, lost earning capacity, non-economic damages, and available insurance coverage.
How do you prove a brain injury in court when the CT scan looks normal?
You prove a brain injury through clinical evaluation, not just imaging. CT and MRI scans often miss mild and moderate TBI, which is why we rely on neuropsychological testing, neurocognitive assessments, vestibular and balance testing, vision testing, and detailed medical history. Testimony from treating neurologists and neuropsychologists, combined with day-in-the-life evidence from family members, tells the full story when imaging alone doesn’t.
What if brain injury symptoms appear weeks after the accident?
Delayed-onset symptoms are common in brain injury cases and do not disqualify your claim. Post-concussion syndrome, subdural hematomas, and diffuse axonal injuries can produce symptoms days or weeks after the initial injury. The key is a documented timeline connecting the symptoms to the original incident. Medical records, a personal symptom log, and expert medical testimony can all support a delayed-symptom claim.
Should I talk to the other party’s insurance company?
No. You are not required to give a recorded statement to the other party’s insurance company, and doing so almost always hurts your case. Adjusters are trained to ask questions designed to minimize the claim, create inconsistencies, or shift blame. Let your attorney handle all communication with opposing insurers.
What if I was partially at fault?
You can still recover compensation in Minnesota as long as you were not more than 50 percent at fault, under Minn. Stat. § 604.01. Your recovery is reduced by your percentage of fault. Even when the other side claims you share blame, a brain injury attorney can often reduce your assessed fault percentage significantly through evidence and expert testimony.
How much does a brain injury lawyer cost?
Our brain injury lawyers work on a contingency fee basis, which means you pay nothing up front and nothing unless we recover compensation for you. The initial consultation is free. You review and sign a written fee agreement before we begin work, so the fee structure is clear from day one.
How long does a brain injury case take to resolve?
Most brain injury cases resolve in 12 to 24 months. Cases with clear liability and well-documented injuries may settle faster. Severe or disputed cases, especially those involving ongoing treatment, can take two years or more. A major factor is reaching maximum medical improvement before settling, because that’s when the full cost of the injury becomes clear.
What’s the difference between mild, moderate, and severe TBI?
TBIs are classified by initial Glasgow Coma Scale score and duration of loss of consciousness. Mild TBI (concussion) involves brief or no loss of consciousness and often normal imaging. Moderate TBI involves loss of consciousness between 30 minutes and 24 hours and may show imaging abnormalities. Severe TBI involves loss of consciousness over 24 hours and typically has clear imaging findings. All three categories can produce long-term effects.
Who pays for long-term care after a severe brain injury?
Long-term care after a severe brain injury is typically paid through a combination of the settlement or verdict, private health insurance, Medicare or Medicaid, and sometimes Minnesota’s Traumatic Brain Injury waiver program. A well-built brain injury case includes a life-care plan that documents projected lifetime costs so the settlement accounts for future care, not just current medical bills.
Why Choose Swor & Gatto for Your Brain Injury Case
Choosing the right firm shapes the outcome of a brain injury case. Families across Minneapolis, St. Paul, and greater Minnesota have trusted us since 1981.
40+ Years of Personal Injury Experience
Representing injured Minnesotans since 1981. We’ve tried brain injury cases in Hennepin, Ramsey, Dakota, Washington, Anoka, and Scott County courts, and we know how each one handles complex medical evidence.
$250 Million+ Recovered for Clients
A track record built across more than 10,000 personal injury cases, including the full range of brain injury claims from concussion to severe TBI.
No Fee Unless We Win
Every brain injury case is handled on a contingency fee basis. You pay no attorney fees up front, and you pay nothing unless we recover compensation for you.
HABLA
Bilingual Legal Services
Marcus Gatto provides representation in Spanish. We serve Spanish-speaking members of the Twin Cities community so quality brain injury representation is accessible regardless of primary language.
Contact Our Brain Injury Law Firm Today
Don’t wait to get the legal help you need. The sooner we start building your brain injury case, the sooner we can preserve evidence, coordinate the medical experts, and protect you from insurance tactics designed to minimize what you’re owed. Your consultation is free, and you pay nothing unless we win. Call (651) 454-3600 or request a free case review online.
40+
years of experience
Recovered
Cases Handled
Past results do not guarantee future outcomes. Each case is different and must be judged on its own merits.