Circumstances That Can Lead To A TBI

Any type of accident can lead to a traumatic brain injury:

• Vehicular accidents, including:
  • Auto
  • Motorcycle
  • Bus/public transportation
  • Air travel
  • Semi truck
• Falls or slip and fall
• Workplace accidents
• Sporting events, such as football, basketball, baseball, and skiing
• Dog bite or other animal attack
• Medical malpractice, including a defective medical device
• Bicycle, e-scooter or pedestrian accident
• Premises liability accidents, such as cracked sidewalks or broken stairs
• Nursing home abuse, including
  • Physical abuse
  • Emotional and verbal abuse
  • Neglect
• Defective products

A patient can have complications that immediately follow the injury, such as a stroke, coma, brain infections, blood clots, and nerve damage. Other injuries can accompany TBI, such as neck and spinal injuries, broken bones, and lacerations.

Long-Term Effects Of TBI

This will depend on the severity of the accident and treatment directly after the accident. Someone who suffers a TBI will need time to heal, and may require inpatient hospital treatments. Even with medical treatment, some patients continue to have lingering effects after their accident, including:

• Headaches and migraines
• Cognitive difficulties, such as memory loss, difficulties with learning, reasoning, and making decisions
• Dizziness
• Difficulty with balance
• Noise and light sensitivity
• Vision changes and difficulties, such as focusing, blurry or double vision
• Fatigue, both physical and mental, leading to other problems with well-being, including insomnia
• Communication issues, such as reading, writing, and talking
• Inflammation
• Post-traumatic epilepsy and seizures, which may become permanent
• Personality changes, including anxiety and depression
• Increased risk of neurodegenerative conditions such as dementia, Parkinson’s and Alzheimer’s

The psychological impact of a TBI may make it difficult for someone to return to work or engage in social functioning. Both can lead to social isolation that can lead to a lower quality of life.

Evidence Is Critical In Traumatic Brain Injuries

One of the first defenses that another party offers is that a TBI is due to a previously existing medical condition. To combat their defense, a TBI attorney will gather evidence, including:

• Police reports
• Accident scene photos
• Surveillance video footage and stills
• Witness statements
• Personal accident documentation such as:
  • Medical records
  • Prescription records
  • Physician statements
  • Diagnostic testing
  • Billing statements and invoices
  • Other accident-related documents

The personal injury attorney you hire will investigate the accident that led to your traumatic brain injury and determine the party who bears liability. We utilize all the resources we have available to locate relevant evidence to build your claim for the insurance company, and if necessary, a lawsuit.

Damages From Traumatic Brain Injuries

This is money intended to compensate a victim for losses suffered in an accident case. For someone who has suffered a traumatic brain injury, the damages can be considerable. Damages generally fall into two categories, economic and non-economic. Both can be sought in an insurance claim. Punitive damages are only available through a lawsuit.

Economic damages include:

• Accident related medical expenses
• Continuing medical expenses, such as therapy or other treatments
• Lost wages
• Lost of career/lost earning capacity
• Property damage
• Any out-of-pocket expenses not covered by insurance

Non-economic damages include:

• Pain and suffering
• Disability or disfigurement
• Emotional/psychological trauma
• Diminished quality of life
• Loss of consortium/companionship

Punitive damages are awarded in cases where injuries are caused by someone’s negligence, or other malicious or fraudulent activity. It’s intended to be a punishment against the other party, and deter others from the same type of actions.

Why It’s Important To Hire A TBI Attorney Immediately

Whether it’s you or a loved one who’s experienced a traumatic brain injury after an accident, legal representation is vital. If someone else is responsible for your TBI, we can hold them responsible for the damages they’ve caused and the expenses that followed.

The first step is filing an insurance claim with the other party’s carrier. But insurance companies are in business for the purpose of making money, not paying claims. They would rather deny your claim or pay the smallest settlement they can get away with. If you say or do something wrong, it can sink your claim before you even file.

Most legal cases are difficult to handle without an attorney. Filing deadlines, documentation, and evidence are just some of the important parts of building your case. Handling your own case without the skills and experience of a TBI attorney can ruin your chances of an optimized settlement.

Working with a TBI attorney can help you recover the compensation you deserve, including damages to cover your medical expenses, lost wages, pain and suffering, and more. Our attorneys can deal with the insurance companies on your behalf and make sure you’re treated fairly.