A traumatic brain injury (TBI) changes everything. It can affect how someone thinks, speaks, works, and moves through daily life, sometimes permanently. Many TBI victims and their families do not realize how serious the injury is until days or weeks after the incident, when symptoms become impossible to ignore.
If a brain injury was caused by someone else’s negligence, whether in a crash, a fall, or a workplace accident, Arkansas law gives the injured person and their family the right to pursue full compensation for what they have lost.
If you are looking for a skilled brain injury attorney near you, we are here to help. Attorney Alan LeVar has represented TBI victims and their families since 1996 and practices throughout Bentonville and Northwest Arkansas. For a free consultation with our brain injury lawyers in Bentonville, AR, contact LeVar Law Injury & Accident Lawyers online.
What Counts as a Traumatic Brain Injury and Why Symptoms Are Often Delayed
According to the Centers for Disease Control and Prevention (CDC), a traumatic brain injury is any disruption in normal brain function caused by a bump, blow, jolt, or penetrating injury to the head. TBIs range from mild concussions to severe injuries involving extended unconsciousness or permanent cognitive impairment.
The word “mild” in the clinical label mild TBI is frequently misunderstood. A mild TBI can produce symptoms that affect a person’s ability to work, concentrate, and manage daily life for months or longer. The injury is mild relative to the full scale of possible brain trauma, not mild in its impact.
Delayed Symptom Onset
One of the most significant challenges in TBI cases is delayed symptom onset. After a crash or fall, adrenaline and shock can mask early signs of a brain injury. A person may walk away feeling shaken but functional, only to develop worsening headaches, memory problems, irritability, or light sensitivity over the following days. By the time a diagnosis is confirmed, a gap may exist in the medical record that insurers use to dispute causation.
This is why same-day evaluation matters so much after any head impact. A documented same-day visit creates the medical record connecting the injury to the event before symptoms fully develop.
Common Causes of Brain Injuries in Bentonville and Northwest Arkansas
TBIs in personal injury cases arise from a consistent set of accident types:
- Motor Vehicle Crashes: The leading cause of TBI-related emergency visits. Even moderate-speed car wrecks and motorcycle collisions can cause the brain to move within the skull. Rear-end crashes are a consistent source because whiplash can produce significant brain trauma without a direct blow to the head.
- Falls: The second most common cause, particularly for older adults and workers on elevated surfaces. A slip on an unmarked wet floor or a fall from a ladder can produce serious head injuries.
- Workplace Accidents: Falling objects, machinery incidents, and vehicle accidents in work zones appear regularly in the Bentonville area, given the level of active construction and commercial development.
- Sports-Related Incidents: TBIs can generate liability claims when equipment failure, facility negligence, or another participant’s conduct was involved.
In any of these situations, the same challenge applies: symptoms may not appear immediately, and early medical documentation is what connects the injury to the incident in a way that holds up under scrutiny.
Signs and Symptoms Families Should Watch For
The CDC’s TBI symptom guidance identifies several categories of warning signs that warrant immediate medical evaluation.
Physical Symptoms
These initial symptoms appear within hours or develop over days:
- Headache, nausea, or vomiting
- Dizziness or balance problems
- Blurred vision, sensitivity to light or noise
- Fatigue and sleep disturbances
Cognitive and Emotional Symptoms
Families and loved ones will often notice these changes in emotions and cognition:
- Difficulty concentrating or remembering
- Feeling slowed down or mentally foggy
- Increased irritability, anxiety, or depression
Severe Warning Signs
Be sure to call 911 if you experience any of the following severe symptoms:
- Loss of consciousness or inability to be awakened
- Repeated vomiting or seizures
- One pupil is larger than the other
- Slurred speech or worsening confusion
If you’ve suffered a brain injury or are currently supporting a TBI survivor, our firm has created a resource on living with a brain injury, including guidance on recovery, rehabilitation, and long-term planning.
How Liability Works in Arkansas Brain Injury Cases
A brain injury claim is built on the same framework as other personal injury cases: duty, breach, causation, and damages. What makes TBI cases more challenging is establishing causation when symptoms are delayed, and early imaging appears normal.
In vehicle crash cases, liability typically flows from the at-fault driver. If the driver was working at the time, their employer may share responsibility. Falls on unsafe property require showing the owner knew or should have known about the dangerous condition and failed to address it. The gap between a fall and a TBI diagnosis several days later is exactly the kind of causation question insurers will contest, making same-day medical documentation critical.
Workplace TBI cases may involve a third-party claim against a contractor, equipment manufacturer, or property owner, separate from workers’ compensation. Our traumatic brain injury attorneys handle these cases across all of our Arkansas locations.
How TBI Compensation Is Calculated
TBI cases often involve the largest damages of any personal injury claim because the consequences of a serious brain injury can span decades.
Economic Damages
Economic damages include past and future medical expenses, rehabilitation and cognitive therapy costs, lost income, and reduced earning capacity. For severe TBIs, a life-care plan maps out anticipated care costs over the injured person’s lifetime. These plans can represent millions of dollars and are central to how the largest claims are valued.
Non-Economic Damages
Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Arkansas law permits recovery for these losses, and in TBI cases, they are often substantial because the injury affects every dimension of daily functioning.
LeVar Law Injury & Accident Lawyers has secured results, including a $1 million award for a client who suffered significant head injuries in a car accident. Those verdicts and settlements reflect the firm’s commitment to pursuing full compensation in serious injury cases throughout Arkansas.
Arkansas Deadlines and Comparative Fault Rules
Statute of Limitations
The standard filing deadline for personal injury claims in Arkansas, including TBI cases, is three years from the date of the injury under Arkansas Code Annotated § 16-56-105. If the responsible party is a government entity, a shorter notice deadline applies under the Arkansas Tort Claims Act (Ark. Code Ann. § 21-9-301 et seq.). The deadline varies by entity type and can be as brief as 30 days for some municipalities. Missing that shorter deadline can eliminate the right to sue the government entity entirely, even if the three-year period has not yet expired.
One important nuance in TBI cases is when the clock starts. If the injury was not immediately diagnosable, Arkansas’ discovery rule may allow the statute of limitations to begin when the injured person knew or reasonably should have known that a brain injury occurred. Whether this applies depends on the specific facts of the case; not every delayed-symptom situation qualifies, and an attorney can evaluate whether it applies in your circumstances.
Modified Comparative Fault
Arkansas follows a modified comparative fault rule under Arkansas Code Annotated § 16-64-122. An injured person can recover compensation as long as their share of fault is 50% or less. Any award is reduced by the percentage of fault.
In TBI cases, insurers sometimes argue the injured person contributed to the incident, such as by following too closely in a rear-end crash, to reduce what they owe.
How a Bentonville Brain Injury Lawyer Builds a Strong Case
TBI cases require more than the standard personal injury investigation. Here is how we build these cases from both sides.
Investigation and Liability
Our TBI lawyers move quickly to secure accident reconstruction evidence, preserve dashcam and surveillance footage, obtain vehicle black box data, and identify every potentially responsible party before evidence disappears. Every case gets a dedicated case manager and two attorneys. With small caseloads and direct attorney involvement, nothing gets missed while you focus on recovery.
Expert-Driven Damages
On the damages side, we work with the medical and vocational professionals these cases require:
- Neurologists: Establish the diagnosis and explain the medical basis of the injury
- Neuropsychologists: Document cognitive deficits through testing that standard imaging misses
- Life-Care Planners: Map out the full cost of future medical needs and ongoing care
- Vocational Experts: Address the impact on earning capacity when the injury limits the ability to work
Alan LeVar’s background as a deputy prosecuting attorney and public defender shapes how we approach every case. That experience on both sides of a courtroom means thorough preparation and genuine trial readiness are non-negotiable.
What to Do After a Suspected TBI in Bentonville
How you respond in the hours and days following a head injury affects both your health outcome and the strength of any future legal claim.
Seek Immediate Medical Help
Seek medical evaluation immediately, even if you feel functional. Tell the treating physician exactly what happened and how the injury occurred. If symptoms worsen over the following days, return for additional evaluation and request a neurology referral.
Document Any and All Symptoms
Document your symptoms as they develop. Keep a journal of headaches, sleep changes, concentration difficulties, and mood changes. Dates and specific descriptions matter when a neurologist or attorney later reconstructs the timeline.
Preserve All Evidence Relevant to Your Case
Preserve all evidence from the incident: photographs of the scene, police or incident reports, witness contact information, and any clothing or equipment worn at the time of the injury.
Speak with a Brain Injury Attorney
Contact a Bentonville personal injury lawyer before speaking with any insurance company. TBI claims are high-value, and insurers begin working to minimize them immediately. Having an attorney involved from the start protects your medical record, your statements, and your claim.
Frequently Asked Questions About Brain Injury Claims in Bentonville
Can I have a brain injury claim even if imaging looks “normal” at first?
Yes. Normal findings on a CT scan or MRI do not rule out a TBI. Diffuse axonal injuries, microscopic tearing of neural fibers, and functional changes in brain activity often do not appear on standard imaging. Neuropsychological testing, functional MRI, and clinical evaluation by a neurologist can document cognitive and functional deficits that standard imaging misses. A normal early scan does not mean there is no injury, and it does not mean there is no case.
How long do I have to file a brain injury lawsuit in Arkansas?
Three years from the date of the injury, with a potential extension under the discovery rule if the injury was not immediately diagnosable. If a government entity were responsible, a shorter pre-suit notice deadline may apply. Contact an attorney promptly, particularly in cases where symptoms developed gradually and the full extent of the injury took time to emerge.
What if the insurance company says my symptoms are “pre-existing” or unrelated?
This is one of the most common defenses in TBI cases, and it is rarely as strong as insurers present it. A pre-existing condition does not bar recovery if the accident aggravated, accelerated, or worsened that condition.
Under the eggshell plaintiff rule, a defendant takes the victim as they find them, meaning a person with a prior condition or vulnerability is entitled to full compensation for the worsening caused by the defendant’s negligence. Medical records documenting the baseline before the accident compared to the function after it are the core response to this defense.
Do TBIs usually require expert witnesses such as neurologists, neuropsychologists, or life-care planners?
In cases involving significant or lasting impairment, yes. Neurologists establish the diagnosis and explain the medical basis of the injury to a jury or adjuster. Neuropsychologists document cognitive deficits through testing. Life-care planners project the cost of future medical needs and care. Vocational experts address the impact on earning capacity. These professionals are often the difference between a claim valued at the insurer’s initial offer and one that accounts for the full lifetime impact of the injury.
Contact a Bentonville Brain Injury Attorney Near You
Traumatic brain injuries can affect so many aspects of your life. LeVar Law Injury & Accident Lawyers represents TBI victims and their families, working with the medical and vocational professionals to build the strongest possible case. For a free consultation with our Bentonville brain injury lawyers, contact our law firm online.