Suffering from a traumatic brain injury (TBI) can change the course of your life. It can affect your ability to make a living, lead to ongoing disabilities, and disrupt how your brain functions overall.
If your brain injury was the result of an accident that could have been avoided, then you may be able to file a lawsuit against the party responsible for causing you harm.
Because a brain injury can drive up medical costs and expenses for other needs, a brain injury lawyer can help you collect monetary compensation against negligent parties who caused the injury.
Understanding Traumatic Brain Injuries
A traumatic brain injury occurs when sudden trauma to the head damages the brain. When someone’s head hits an object with force, or when an object penetrates the skull and sinks into brain tissue, a TBI could occur.
This jolt or blow to the head can disrupt normal brain functioning. Approximately half of people who suffer from a severe traumatic brain injury may require surgery to repair or remove ruptured blood vessels (hematomas) or bruised brain tissue (contusions).
Someone who suffers from a TBI may experience life-long disabilities, depending on the age and health of the person, as well as the severity and location of the injury.
Some disabilities that can result from a traumatic brain injury include:
- thinking, memory, and reasoning problems
- problems with sight, smell, hearing, touch, and taste
- problems with expressing and understanding things
- depression and anxiety
- personality changes
- social inappropriateness
Symptoms Of Traumatic Brain Injury
Symptoms of a TBI can range from mild to severe. A person with a mild TBI, for example, may only blackout for a few seconds (lose consciousness) or even remain conscious.
Symptoms of a mild to moderate TBI include:
- blurred vision
- bad taste in the mouth
- ringing in the ears
- sleep pattern changes
- mood changes
- problems with memory, attention, concentration, and thinking
Someone with a severe TBI may show the same symptoms as someone with a mild TBI, but may also suffer from:
- ongoing headaches
- vomiting or nausea
- convulsions or seizures
- trouble waking up from sleep
- slurred speech
- pupil dilation
- weakness or numbness in fingers or toes
- coordination problems
- increased confusion, agitation, or restlessness
A severe brain injury could also leave a person in a coma or vegetative state where they remain unconscious or only experience momentary periods of alertness.
Common Causes Of Traumatic Brain Injuries
The cause behind a traumatic brain injury will determine whether a lawsuit can be filed. These injuries can occur in a variety of situations, and understanding the cause can help you and your lawyer figure out who is liable for your injury.
Slip And Falls
In one year, the Centers for Disease Control and Prevention (CDC) reported that slips and falls were responsible for almost half of all TBI-related visits to the Emergency Department (ED). The CDC also reports that slips and falls are the number one cause of brain injury in the U.S.
Many slip and fall brain injuries occur in the elderly. This puts the elderly population at risk in which nursing homes and other caregivers must take safety precautions to avoid an accident. A property owner could also be negligent for someone’s fall if the property poses certain dangers.
Sports Or Recreation
The CDC reports that over 25 percent of traumatic brain injury emergency department visits occur in children who were hit by an object or ran into one. This includes concussions, which is a common brain injury that results from recreational sports like football or hockey. Any child who plays sports must receive adequate protective head equipment from those in charge.
Motor Vehicle Accidents
Traffic or motor vehicle accidents are the second-leading cause of traumatic brain injury in the U.S., according to the CDC. A negligent driver could be responsible for causing a TBI when they fail to act with reasonable care on the road. Bicyclists and pedestrians can also be victims of brain injury from a motor vehicle accident.
Although the vast majority of healthcare workers perform their tasks with quality care, others may act with negligence. During childbirth, for example, nurses, midwives, doctors, or other healthcare professionals could fail to meet their standard of medical duty and inadvertently play a role in a newborn’s brain damage.
If your brain injury was misdiagnosed or missed altogether, then your lawsuit could involve a medical malpractice claim.
Accidents In The Workplace
Workplace accidents can include slips on unclean surfaces, falls from scaffoldings or other heights, or incidents that involve tools or power equipment. While filing for worker’s compensation is an option, some states have workers compensation immunity laws which will affect the types of claims that can be brought, and against which party.
Brain Injury Lawsuits
A traumatic brain injury lawsuit can be based on the negligence of the liable party. For a negligence cause of action to be considered, the brain injury must be connected to the other party’s negligence. To prove negligence in a brain injury lawsuit, a lawyer must show that certain elements exist.
How To Prove Negligence In Brain Injury Claims
To prove negligence, a claim requires that the victim of the injury, or plaintiff in a lawsuit, shows that the party they’re filing the lawsuit against is at fault or legally responsible for the brain injury.
To win a brain injury lawsuit, a plaintiff’s lawyer must prove four elements:
- under law, the defendant owed a duty to the victim
- the defendant breached its duty
- the defendant’s failure of its duty caused the plaintiff’s brain injury
- the plaintiff was injured and suffered damages as defined by law
It can be difficult to link someone’s negligence to a brain injury. Brain injuries are complicated, so any documents or evidence collected by the victim are crucial for your claim.
Product Liability In Brain Injury Claims
A brain injury lawsuit could also stem from a product liability claim. If you were injured because of a defective product or part, you may be able to file a lawsuit against the makers, manufacturers, or distributors of the product.
In some states, there is a strict standard of liability that demands that all product manufacturers produce things that are safe and effective.
Under these circumstances, the claimant may only need to:
- prove that the product was defective and that the defect caused the injury
Medical Experts In Brain Injury Claims
Any traumatic brain injury lawsuit is likely to include testimony from medical experts. Medical experts are crucial for TBI claims because they can demonstrate how the defendant’s negligence was responsible for the injury in simple terms.
A qualified medical expert will examine medical records and documents and use this information to determine if the professional failed to meet the industry standard of medical care. Experts also gather their own evidence to further prove negligence, such as creating data models or simulations of the accident.
How A Traumatic Brain Injury Lawyer Can Help
Experiencing a TBI is likely a life-changing event that will require ongoing adjustments to your day-to-day activities. A qualified brain injury lawyer can help you file a lawsuit to collect compensation for your injury as you deal with ongoing therapy and treatment.
Compensation For Brain Injury Medical Costs
The goal of a brain injury lawsuit is to collect damages, or monetary compensation, to help cover the costs associated with your injury. A TBI is often a very costly injury that not only includes economic losses, but non-economic losses like pain and suffering and emotional distress.
A qualified lawyer can help you recover compensation to pay for:
- hospital stays
- medical procedures, medications, and surgeries
- future rehabilitation
- lost wages or benefits
- issues related to disabilities
- general pain and suffering
- caretaking expenses
- past and future emotional distress
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Defending Your Rights As A Brain Injury Victim
A lawyer will also defend your rights as a brain injury victim. If you suffered this debilitating injury as the result of someone’s negligence, then the accident was avoidable. By filing a personal injury lawsuit, you’re asserting your rights as a victim to receive fair compensation for your loss.
Conducting An Investigation
Negligence in brain injury cases is difficult to prove. A lawyer can help coordinate a thorough investigation about how the accident occured. By enlisting medical experts or investigators, your lawyer will continue to gather evidence that supports your claim.
Negotiating A Settlement
Perhaps the most important role of a brain injury lawyer is negotiating a settlement. Jury trials are always uncertain, so reaching a settlement can be a desirable outcome. A good lawyer has experience negotiating settlement offers to ensure you receive the highest payout for your claim.
Traumatic Brain Injury Lawyers Serving The U.S.
At Florin|Roebig, our team of trained personal injury lawyers are well-suited to take on your case. If you or someone you love suffered from a mild or severe traumatic brain injury, then your life may never be the same.
Although taking legal action can’t change the outcome of the accident, filing a lawsuit can help you recover damages to better pay for and adjust to life with a TBI.
Our team of trained personal injury lawyers includes:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Shaun M. Cummings
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Nicholas S. Costantino
- Jordan A. Kolinski
- Matthew L. McMullen
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Andrew M. Leone, O.C.
- Nollys R. Solarte, O.C.
- Brian R. Dettman, O.C.
We Are Nationally Awarded Lawyers
Contact Us To File A Traumatic Brain Injury Claim Today
To hold negligent parties responsible for causing your brain injury, you may need to file a lawsuit. However, the demands of filing a lawsuit can be taxing, which may deter you.
Our offices offer a free case evaluation to help you get started with your claim. Once you submit this evaluation, we’ll reach out to you to discuss the merits of your case.
For more information on brain injury claims, or to get started with your free case evaluation, contact the offices of Florin|Roebig today.