Milwaukee Traumatic Brain Injury Attorney

A traumatic brain injury can change who a person is — how they think, work, and relate to the people they love — even when they look completely normal on the outside. That is exactly what makes these injuries so difficult, and exactly what insurance companies try to exploit. If you or someone you love suffered a brain injury because of another’s negligence in Wisconsin, Mingo & Yankala, S.C. can help. We understand how brain injuries are diagnosed, how they are proven even when scans look normal, and how to establish their true lifelong cost. Attorney Mark Mingo is Board Certified in Civil Trial Law by the National Board of Trial Advocacy and has tried more than 100 cases to verdict. Call (414) 273-7400 for a free, confidential consultation.

The “Invisible” Injury Insurers Love to Deny

Brain injuries are different from almost every other injury in one crucial way: they are often invisible. There may be no cast, no scar, no wheelchair — and frequently no abnormality on a standard scan. To a stranger, and to an insurance adjuster, the person “looks fine.” Meanwhile, the people closest to them see the truth: the spouse who notices their partner is not the same person, the employer who sees work slipping, the parent who watches their child struggle with things that used to be easy. Insurance companies know this, and they use it. The defense playbook in these cases is predictable: point to the normal CT or MRI and argue there is no real injury; suggest the symptoms are exaggerated, imagined, or the result of stress rather than trauma; and push a quick, low settlement before the lasting nature of the injury becomes clear. We have seen it again and again — and we know how to answer it.

How a Real Brain Injury Is Proven — Even When the Scan Is Normal

Proving a brain injury that does not appear on a scan is a specialized undertaking, and it is where an experienced trial lawyer makes the difference. The proof is built from several sources that reinforce one another:

Neuropsychological testing. A neuropsychologist administers objective, standardized tests that measure memory, attention, processing speed, and problem-solving. These tests can reveal patterns of impairment consistent with a brain injury even when imaging is normal.
The people who knew the person before. Family, friends, coworkers, and employers can testify to concrete, observable changes — in memory, focus, temperament, and personality — that did not exist before the injury. This “before and after” evidence is often the most powerful proof of all.
Records that corroborate the change. Work performance reviews, productivity records, and school performance can show a decline that lines up in time with the injury.
Treating physicians and, in some cases, advanced imaging. The treating doctors’ observations over time, and in some cases more sensitive imaging techniques, can further support the diagnosis.

Presented together, this evidence turns an “invisible” injury into a documented, provable one — and defeats the insurer’s argument that a normal scan means no harm.

The True Cost of a Brain Injury — and How Wisconsin Law Lets Us Prove It

A serious brain injury can affect a person for the rest of their life — their ability to work, to live independently, and to be who they were. The cost of that is measured across a lifetime, not just the first hospital bill, and Wisconsin law provides the tools to recover it:

Future medical and care costs are established through expert testimony, often including a life care plan — an itemized, expert-prepared projection of the future treatment, therapy, and support the injury will require, with its cost reduced to present value.
Loss of earning capacity. Wisconsin compensates the loss of a person’s CAPACITY to earn — not merely lost wages. When a brain injury forces a career change, reduced hours, or the inability to work at all, a vocational expert and economist establish that lifetime loss.
Future pain, suffering, and disability recognize the lasting human impact of the injury.
The collateral source rule. In Wisconsin, the fact that your health insurance paid some bills generally does not reduce what the at-fault party owes.

Because so much of a brain injury’s cost lies in the future, proving that future correctly is often where the real value of the case is won or lost.

Why a Trial Lawyer Matters in a Brain Injury Case

Because brain injuries are invisible and the medicine is complex, these cases are often won or lost on the credibility of the lawyer presenting them. Insurance companies know which lawyers are prepared to take a case to trial and prove a brain injury to a jury — and which are not. Attorney Mark Mingo is Board Certified in Civil Trial Law by the National Board of Trial Advocacy, has tried more than 100 cases to verdict, and argued and won a case before the United States Supreme Court. When an insurer knows a firm can actually prove an invisible injury in front of a jury, it changes what the case is worth — whether it settles or goes to trial.

Results in Brain Injury Cases

$300,000 — a rear-end collision with no visible injury at the scene. Our client developed a mild traumatic brain injury; his wife was the one who noticed the change in his personality. We proved the injury through the right specialists and secured a substantial recovery for what could easily have been dismissed as a minor crash.
Significant settlement — a low-impact rear-end collision with little or no visible damage to our client’s vehicle. Despite the minor appearance of the crash, our client suffered a brain injury that changed his personality and left him unable to return to the same level of work. We established the injury and its effect on his career and obtained a significant settlement.

Past results do not guarantee or predict a similar outcome in any future case. Every case depends on its own facts.

Talk to a Lawyer Who Knows How to Prove a Brain Injury

If you or someone you love has suffered a brain injury because of another’s negligence, call Mingo & Yankala, S.C. at (414) 273-7400 for a free, confidential consultation. There is no fee unless we win your case.

My CT scan and MRI came back normal. Does that mean I don’t have a brain injury?

Not at all. This is one of the most important and misunderstood facts about brain injuries: a mild traumatic brain injury often does NOT show up on a standard CT scan or MRI, because the damage happens at a microscopic level that conventional imaging is not sensitive enough to detect. A normal scan does not mean there is no injury — it means the standard test could not capture it. The injury can still be proven through other, well-established means, including neuropsychological testing and evidence of the changes in your daily functioning.

The insurance company says I’m fine because I ‘look fine.’ How do I fight that?

This is exactly the tactic experienced brain injury lawyers are prepared for. Looking fine is not the same as being fine — and the law does not require a visible wound. A brain injury is proven through objective neuropsychological testing, the testimony of people who knew you before and can describe the change, records showing a decline in your work or daily life, and your doctors’ observations. Presented together, that evidence answers the “you look fine” argument directly.

What are the signs of a brain injury I should watch for after an accident?

Common signs include headaches, memory problems, difficulty concentrating, dizziness, trouble sleeping, sensitivity to light or noise, irritability, mood swings, and personality changes. Sometimes the injured person does not notice these changes — but the people closest to them do. If you or your family notice these kinds of changes after an accident, it is important to seek medical evaluation and to document what you are experiencing.

My family member isn’t acting like themselves since the accident. Could that be the brain injury?

It very well could be. Changes in personality, temperament, and emotional control are among the most common — and most painful — effects of a brain injury, and they are often what family members notice first. These changes are real, they are connected to the injury, and they are compensable. They are also, frankly, some of the most powerful evidence in a brain injury case, because the people who love the person can describe exactly how they have changed.

How long do I have to file a brain injury claim in Wisconsin?

Deadlines depend on the facts, including how the injury happened and who is responsible, and some are shorter than people expect. Brain injury cases also benefit greatly from early documentation — of symptoms, of the changes others observe, and of medical care. For both reasons, it is important to speak with an attorney as soon as possible.