Everything about Brain Injury
Brain injuries are always life-changing in some way or another other, and proper medical care is vital to recovery. (Everything about Brain Injury)
Suppose you or a loved one is involved in a major accident. In that case, it is important to recognize the signs of a brain injury so that medical treatment can be obtained as soon as possible and also be documented.
A brain injury can have short- and long-term effects; some may not be immediately noticeable, so it’s important to pay attention to anything suspicious after an accident.
Symptoms of brain injury are grouped from mild to moderate and severe. Additionally, the symptoms can be physical but can also be emotional.
Mild brain injury symptoms
Physical signs of mild brain injury include slurred speech, blurred vision, headache, nausea, vomiting, dizziness, and sensitivity to light or sound.
Most of these symptoms may last a few hours to a few days after the injury but should subside. If the headache worsens or the symptoms last longer, it clearly signifies a more serious head injury.
Mental signs of mild brain injury include sudden changes in mood or mood, prolonged periods of anxiety or depression.
Brief loss of consciousness, difficulty sleeping or sleeping too much, feeling dizzy or confused when conscious, and problems with memory and concentration.(Everything about Brain Injury)
Symptoms of moderate to severe brain injury
Along with all the signs and symptoms of a mild brain injury, a person with a severe brain injury may also experience symptoms such as prolonged loss of consciousness, inability to wake from sleep, convulsions and seizures, drainage of clear fluid from the nose, persistent can be an experience.
Headache, nausea and vomiting, numbness or weakness in extremities, loss of coordination, dilated pupils, profound confusion, and coma.
Mental signs include depression or loss of interest in once enjoyable activities, agitation or aggression, and decreased ability to pay attention/attention.
Many of these symptoms may appear days or even weeks after the injury, making it difficult to tell immediately after an accident how badly a person may be injured.
It is always a good idea to get checked by a doctor and go for another checkup if new symptoms appear.
Types of brain injuries
The extent of brain injury can be significant with these types of symptoms. An impact on the head typically causes these types of injuries.
Brain swelling, fluid build-up, bruising, and loss of vital cognitive functions can occur if a person suffers a severe blow to the head in an accident.
Even a minor impact can cause a stroke, leading to serious side effects lasting for decades. In the worst cases, a person can die from a brain injury.
People can be left with severe cognitive impairment, mental and physical disabilities, and even loss of all higher brain functions.
This is why it is important to hire a brain injury attorney soon after an accident, the long-term effects of an accident may not be known immediately, and it is important to obtain compensation for these life-changing injuries.(Everything about Brain Injury)
Importance of life care plan in a brain injury case
Lifelong medical costs and living expenses for a traumatic brain injury (TBI) can range anywhere from $85,000 to $4 million, depending on severity.
As a result, when another party is responsible for your loss, it is important to recover the compensation you need for lifelong care.
A helpful tool to ensure you can do this is to include a life care plan, as evidenced in your brain injury lawsuit.
So if one happens.
Burnout can happen anywhere but is especially common in the home or workplace.
Serious fire injuries can occur in many ways besides open flames, including hot liquids, touching hot surfaces, chemicals, etc.
Knowing simple tips can help you, and your loved ones avoid burn injuries.
- kitchen safety
- Never leave anything cooking on the stove.
- Keep stovetops and ovens clean and clear of flammable materials, as a build-up of grease and debris can easily ignite.
- Do not hang dish towels on the oven door.
- Do not store or spray aerosol near an open flame.
- Cook on the back burner and turn the pot handles to prevent accidental spills.
- Wear close-fitting clothing and roll up your sleeves. Please turn off the stovetop fire before it reaches the top of the stove.
- Keep appliances unplugged when not in use.
Child safety
- Children move fast and are adventurous. By taking some precautions, they can be saved from burning.
- Keep coffee, tea cups, or soup bowls out of reach.
- Keep children (especially young) away from hot objects such as irons, oven doors, BBQs, heaters, and exhaust pipes.
- Check the temperature of the food before serving it to the child. Do not heat the baby bottle in the microwave.
- Hot items like straighteners are out of reach while they cool.
- Please do not use a tablecloth, as the child may pull on the corner of it and potentially cause hot items to fall on them.
- Check electrical plugs and cords regularly for dirt or fraying. Put covers on electrical outlets that children can reach.
- Teach your child what to do in case of a house fire. Practice your exit strategy and how to call 911.
- Teach children what a smoke alarm sounds like and what to do when they hear it.
- Check the temperature of the bathtub water with your elbow before placing the baby or toddler in the bathtub.
- Turn on your water heater to 120°F or lower.
- Store harmful chemicals and cleaners where children cannot reach them.
- Check smoke detector batteries and clean your smoke detectors once a month.
- Apply and apply sunscreen.
- Be extra careful with flammable liquids.
- Store flammable and combustible liquids in areas where:
- Well-ventilated to reduce vapor concentration.
- Free from ignition sources.
- Cool (temperature controlled) and dry.
- Never fill a gasoline motor in an enclosed space such as a garage.
- Before starting the lawnmower, snow blower, or motorcycle, move it away from gasoline fumes.
- Allow small motors to cool before refueling them.
When using flammable liquids, eliminate any ignition sources:
- Removal of open flames and spark-generating devices.
- Do not smoke around these liquids.
- Using approved explosion-proof equipment in hazardous areas.
What to do after a burn injury
If you catch fire, stop, drop down, cover your face, and roll. Douse the flames with a blanket and move away from the heat source.
No matter the burn’s severity, apply cool water for at least 20 minutes or alternate between two wet cloths every fifteen seconds.
Remove any clothing and jewelry that may trap heat. Sunburns and minor burns can usually be treated on them. Deep or extensive burns require immediate medical attention.(Everything about Brain Injury)
When to see a doctor
Seek emergency medical help for:
- the burning sensation that covers the arms, legs, face, groin, buttocks, a major joint, or a large area of the body
- deep burns, meaning burns affecting all layers of the skin or deeper tissues
- the burning sensation that makes the skin look leathery
- a burn that looks like a burn or has black, brown, or white spots on it
- burns caused by chemicals or electricity
- difficulty breathing or airway irritation
Is Concussion Brain Injury?
A concussion is the most common injury affecting the brain and can happen to anyone from infants to the elderly.
A concussion is a traumatic brain injury caused by a bump, violent blow, or direct injury to the head. As a result, the brain’s nerve fibers get damaged, which disrupts the brain’s normal activities.
Symptoms of a stroke
You don’t have to lose consciousness to have a concussion, and in most cases, this injury can’t be seen on tests like a CT scan or MRI.
Some people will display symptoms, but others will not. It can also take several weeks for symptoms to occur, known as post-concussion syndrome (PCS).(Everything about Brain Injury)
Commonly reported symptoms to include:
- disorientation
- Confusion
- irritability
- Disappointment
- Excessive fatigue
- need for more rest and sleep
- feeling disturbed by loud noises or bright lights
- subtle changes in personality
- intolerance of others
The severity of the injury will vary depending on various factors, such as medical history and the nature of the accident.
To do if you think you’ve had a stroke.
If you have a head injury, seek medical attention immediately so doctors can monitor your condition closely.
Doing so will not only help you recover, but it will be important if you decide to file an injury claim. Follow all instructions given to you by your doctor.
Next, you or a loved one should consult a personal injury attorney. Many accidents that result in head and brain trauma are caused by the negligence or wrongful conduct of others.
If negligence was the cause of your injury, you and your family are entitled to compensation for your physical and emotional suffering.
Financial burden after a stroke
Traumatic head injuries, including concussions, can have profound physical effects that may prevent the victim from being able to function – both in the short term and possibly even longer.
In turn, this can significantly affect the personal finances of the individual and their family. Worries can generate huge medical bills, loss of current and future wages, loss of earning potential, emotional trauma, decreased quality of life, and more.
By working with an experienced concussion injury attorney who will carefully investigate your claim, you can be sure that the responsible party will be held accountable. (Everything about Brain Injury)
Proving a Concussion Brain Injury Claim
To receive compensation for your damages, you must provide proof of your injury and negligence on the part of the responsible party. Some pieces of evidence that may help include:
- A written statement from a doctor or therapist states that the accident caused the concussion.
- Documentation from the hospital and treating physicians.
- A doctor’s or medical specialist’s prognosis regarding possible long-term injuries.
- Photos or video evidence of the accident.
- Police report (if applicable).
- Statements of eyewitnesses.
- Proof of missed work.
- A daily journal showing how injuries have affected your life.
An insurance company will likely fight a personal injury claim for injury because they know that post-concussion syndrome is difficult to prove. Having two or more doctors agree on your diagnosis will benefit your case.
How to properly treat a burn wound
Burn injuries can be excruciating and lead to several secondary and sometimes life-threatening complications.
Making sure they are treated properly is essential to prevent other problems and, in some cases, could even save your life.
Firstly, assess what type of burn is involved, as the nature and degree of the burn will affect what treatment is needed.
First class
First-degree burns can usually be treated with first aid at home. This burn affects the top layer of skin, so most will close if not healed without scarring within 7-10 days. To stay safe, follow these treatment recommendations:
- soak the burned area in cool water or a cool, wet compress for 5-10 minutes
- apply lidocaine (an anesthetic) or petroleum jelly to soothe the skin
- protect the burn area with an antibiotic ointment and loose gauze
- take Tylenol or ibuprofen for pain relief
Second degree
Second-degree burns may require professional medical attention but can often be treated, at least initially, with home care.
The victim may also need to see a burn center or specialist for the proper treatment depending on the severity and area affected.
The significant risk of second-degree burns is infection. It is necessary to keep the burnt area clean and apply bandages. Some victims require skin grafts, depending on how large an area was burned. (Everything about Brain Injury)
Immediately after burning:
- Run cold water over the burned area for at least 15 minutes
- apply antibiotic ointment to the blisters to prevent infection
- take Tylenol or ibuprofen for pain relief
- If you doubt emergency or other professional treatment is needed, err on caution and see a doctor.
Third degree
Third-degree burns are serious and will require immediate, possibly life-saving medical treatment.
These burns destroy nerves; therefore, there may be no pain in the immediate area of the burn.
Call 911 and follow the responder’s instructions to stabilize the victim until medical help arrives.
A third-degree burn victim should never attempt to self-treat any of these injuries, as this can result in serious infection, scarring, blood loss, shock, or even death.
After initial treatment, the victim may face the following medical care:
- treatment for dehydration
- burn creams and ointments
- wound dressings to promote healing
- tetanus shots
- antibiotics to fight infection
- skin graft surgery
- Help with the anxiety and other psychological effects of burnout.
Treatment for burns can be extensive and expensive. Suppose another person or company is responsible for your or a loved one’s burn injury.
In that case, the at-fault party should be liable for associated costs and other damages (such as time missed from work).
In addition to seeking medical care for burns, the victim (or a loved one, if necessary) must document why the serious injury occurred in the first place to begin collecting evidence of the at-fault party’s liability. (Everything about Brain Injury)
Importance of life care plan in a brain injury case
What is Life Care Plan?
A life-care plan is a document that outlines in detail the impact of TBI on the claimant’s life.
For example, the extent of the injury, the prognosis, the expected length of recovery, the limitations it causes, the impact on disability, and quality of life. It should also include the following:
- Possible complications and associated medical conditions may arise.
- Any change in life expectancy.
- Recommendations on necessary treatment, including rehabilitation, physical therapy, medication, and whether or not medical equipment is needed.
- The estimated cost of current and future medical care.
Life care planning aims to consider current costs and future costs for medical care and services.
In addition, the plan must also consider inflation and how the victim’s needs for services will change and possibly increase as they age.
Even if a mild brain injury, victims can expect to pay up to $15,000 for medical care, ongoing therapy, and medications.
The most devastating financial costs typically occur within the first year. For moderate to severe TBI, the first-year cost is approximately $196,000.
After hospitalization, the estimated medical and non-medical expenses in the first year are a little over $151,000 for insurance, vocational rehabilitation, mandatory home improvements, and more. As previously mentioned, lifetime costs can range from $85,000 to $4 million.
How a Life Care Plan Affects Brain Injury Lawsuits
A life care plan can be invaluable when negotiating a settlement for a brain injury lawsuit. This will give you a detailed estimate of the value of your claim and can be used to defend your claims.
As a result, the at-fault party’s insurance company may take your claim more seriously, allowing them to be more prepared to compensate you appropriately.
If not, the document and expert testimony may be used at trial to explain the estimated expenses.
However, the defense (the guilty party) can present its version of the life care plan drawn up by its expert, in which the estimated medical cost is much lower. At that point, it will be up to a jury to decide the worth of your case. (Everything about Brain Injury)
Who prepares the life care plan?
Trained medical professionals who fully understand TBI and its consequences are usually hired to design end-of-life care plans with an unbiased approach.
They will work to uncover every minute detail to meet future needs. The life care planner will talk to the brain injury victim about their lifestyle before the accident compared to now.
Additionally, they will work closely with their doctors to fully understand the severity of the injury and what treatments may be necessary.
When life care plans provide a realistic view of a brain injury victim’s future expenses, they can significantly affect the value of a brain injury lawsuit. Contact a traumatic brain injury attorney today to discuss your case and compensation options further.
Brain and head injuries in school sports
If you’ve signed up or are considering joining your kids on a sports team, it’s important to know that there is a risk of head or brain injury.
Brain or head injuries can happen to children of any age, and here are some things to keep in mind.
Brain injuries in child sports
Brain or head injuries can happen in any sport
Brain or head injuries are possible in any sport but are more prevalent in football and soccer.
The most common type of brain injury reported is a bump, blow, or violent jolt to the head usually causes them.
School sports often occur from falls or when players collide with each other, the ground, or obstacles, such as goalposts.
For example, helmet-to-helmet contact or improper tackling technique in football and improper heading technique or hand-to-head contact in football. (Everything about Brain Injury)
Know the symptoms of the brain or head injury
The symptoms of a brain or head injury can be unpredictable and hard to recognize.
Many mild brain injuries, such as concussions, are not diagnosed because symptoms may not be immediate and can sometimes appear days or weeks later.
Therefore, it is important to know brain or head injury symptoms.
- Signs seen by coaches or parents
- Player Reported Symptoms or Parent Observed Symptoms
- look dazed
- headache or pressure
- confused about the assignment or position
- nausea or vomiting
- forgets an instruction
- blurred or double vision
- sensitivity to light uncertain about the score, opponent, or game
- clumsiness or loss of coordination
- sensitivity to noise
- answer questions slowly
- feeling foggy, exhausted, tired, or lethargic
- loses consciousness (even for a while)
- memory or concentration problems
- unusual changes in mood, behavior, or personality
Confusion
Other signs or symptoms of a brain or head injury include swelling of the skull, seizures, dilation of one or both pupils of the eyes, fluid draining from the nose or ears, weakness or numbness in the fingers and toes, unusual movement or agitation can be slurred speech, change in sleep habits, feeling very sleepy or unable to wake up from sleep.
Seek medical attention for your child immediately after a head injury, especially if you notice any of the above symptoms. (Everything about Brain Injury)
Prevent brain and head injuries in school sports
Regardless of the sport, the following prevention strategies should be used by parents, coaches, and players:
Wear the correct protective equipment for the sport (e.g., helmet, padding, shin guards, eye and mouth guards, etc.).
Protective equipment must be properly fitted, well maintained, and worn correctly and consistently.
Avoid head-to-head, hand-to-head, or foot-to-head collisions with other players.
Coaches and referees must enforce all the rules of fair play and the spirit of the game.
A player who suffers a head injury must be taken out of the game and evaluated by a physician before returning to play.
Many brain injuries heal within days or weeks. However, the potential for long-term problems and complications increases with repeated or severe brain injuries.
If your loved one has suffered a brain injury, our brain injury attorneys can help answer your questions and provide the legal advice needed for such complex matters.
acquired brain injuries vs. traumatic brain injuries
Any damage to the brain after birth is called an “acquired brain injury” (ABI). A traumatic brain injury (TBI) is a type of ABI and non-traumatic brain injury.
If your loved one suffers from any brain injury, don’t hesitate to contact our Traumatic Brain Injury team.
Types of acquired brain injury
Traumatic brain injury (TBI): One type of ABI is caused by a sudden blow to the head, such as a fall, car accident, act of violence, etc. Events outside the body cause TBI.
Non-traumatic brain injury: One type of ABI is caused by a medical condition, such as a stroke or brain tumor. They are caused by events taking place inside the body.
Major causes of acquired brain injury
APIs are usually caused by the following:
Traumatic brain injuries
Falls: Falls are the leading cause of TBI. Older adults and young children are at high risk of suffering a TBI from a fall.
Some examples of fall accidents include falling on a slippery and wet surface, falling down the stairs, falling off a ladder, falling off a bed, etc.
Hit: The second most common cause of TBI is being hit by or against an object. For example, when a falling object hits a person’s head. These accidents are common at workplaces such as construction sites.
Motor vehicle accidents: Collision impacts often cause TBI due to jerky motion or a person’s head hitting a solid surface.
Sports Injuries: In high-impact sports such as football, soccer, boxing, baseball, lacrosse, skateboarding, hockey, etc., athletes are more susceptible to concussions and severe TBI.
Acts of violence: This includes domestic violence, assault, child abuse, gunshot wounds, shaken baby syndrome, etc.
Non-traumatic brain injuries
Some common types of non-traumatic acquired brain injury include:
- Anoxic or hypoxic injuries: When blood flow to the brain is interrupted, it becomes deprived of oxygen, for example, from drowning or suffocation.
- Infection: e.g., meningitis.
- Seizures: Prolonged seizures can kill brain cells and cause other damage.
- Stroke and aneurysm: Stroke occurs when a blood vessel in the brain bursts or blocks the blood supply to the brain. A brain aneurysm is a bulge or ballooning in a blood vessel in the brain, and when it leaks or bursts, it causes bleeding in the brain.
- Brain Tumor: The growing tumor pressures other brain cells and structures.
- Encephalitis: Inflammation of the active tissues of the brain due to infection or autoimmune response.
Symptoms of acquired brain injury
Symptoms may include any combination of the following:
- difficulty staying awake
- slurred speech
- Passing out (for a short time after the incident of injury)
- excruciating headache
- dizzy
- nausea and vomiting
- seizures
- clear fluid coming from the ears and nose
- challenge understanding others
- problems expressing themselves
- memory loss or amnesia
- procrastination
- mood, anxiety, irritability
ABI can have vastly different symptoms depending on the severity of the injury, which part of the brain was affected, and many other factors.
However, when the brain is damaged, some part of a person’s life is adversely affected because the brain controls every aspect of human life: physical, intellectual, behavioral, social, and emotional. (Everything about Brain Injury)
Is financial assistance available for victims of brain injury?
Suffering from a traumatic brain injury is devastating, both physically and emotionally, and financially.
Both victims and their families can experience the stress of piling up bills. Fortunately, there are financial assistance resources available for brain injury victims.
Is financial assistance available for victims of brain injury?
- Federal government assistance
- Two federal programs assist individuals who are unable to work due to injuries.
- Supplemental Security Income (SSI)
SSI provides money for food, housing, clothing, and essential items to people with little or no income.
The eligibility requirements are as follows:
- disabled, blind, or 65 or older
- with limited income and resources
- US citizen or national
- A resident of one of the 50 states, the District of Columbia, or the Northern Mariana Islands and has not left the country for 30 days or more
- not confined to an institution (e.g., hospital or prison)
- applies to other cash benefits or payments (for example, pensions, Social Security)
Allows the SSA to contact financial institutions to request financial records
Social Security Disability Insurance (SSDI)
SSDI provides monthly benefits to people unable to work for a year or more because of a disability. To qualify, you must have the following:
- Worked at jobs covered by Social Security.
- A medical condition that meets Social Security’s strict definition of disability.
- Benefits usually continue until you can regularly work again.
- State Government Assistance
The California State Disability Insurance (SDI) program provides short-term disability insurance (DI) if you cannot work due to a non-work-related brain injury.
Paid family leave (PFL) benefits may also be available to the family of a brain injury survivor if they need to take time off from work to care for them.
Community Organizations and Foundations
Various local organizations and foundations provide financial support to Riverside and the surrounding area. For example:
Riverside Medical Clinic Charitable Foundation: Provides financial assistance to community members with special needs.
Housing Authority of Riverside County: Provides affordable rental housing options for individuals with disabilities.
Personal injury lawsuit
If another party’s negligence was the cause of your brain injury, you might be entitled to compensation for the following:
Medical bills and expenses
It covers current and future bills for acute care, surgical procedures, physical and occupational therapy, prescription drugs, medical equipment, home care, and any other treatment you may need. (Everything about Brain Injury)
Lost income
A severe brain injury may leave the victim unable to work again or force them into a different line of work.
However, compensation can be recovered for both current and future loss of income and lost earning capacity for the difference in income that can be made now compared to before the injury.
Pain and suffering
Compensation for physical pain and emotional distress caused to the victim and his family due to brain injury.
Emotional distress can refer to mental anguish, depression, anxiety, insomnia, PTSD, and other psychological effects.
Loss of consortium
Compensation is paid to the spouse or family of a brain injury victim for loss of love, affection, companionship, comfort, society, or sexual relations.
Property damage
If your brain injury results in property damage, you are entitled to payment for repairing or replacing your damaged property. (e.g., vehicles, cellphones, clothing, etc.)
Punitive damages
Suppose the erring party’s conduct was willful or grossly negligent. In that case, the court may award punitive damages as punishment for the defendant (the guilty party) and to deter others from similar conduct.
What is secondary brain injury?
A secondary brain injury is damage that can indirectly result from a primary cause of brain injury.
Within hours or days after the initial brain injury, numerous cellular, chemical, tissue, and blood vessel changes can destroy parts of the brain that were originally undamaged.
What is secondary brain injury?
Difference between primary and secondary brain injury
A primary brain injury is an immediate damage to brain tissue directly from an external event, such as a violent blow or blow to the head.
During an impact, the brain may be bruised and bleeding, and nerve fibers known as axons may be severed.
The brain usually swells in response, causing the tissue to push against the skull, causing further bleeding and reducing circulation.
If the inflammation is not treated, parts of the brain may lack oxygen and nutrients. As a result, secondary brain damage occurs when damaged brain cells begin to die. (Everything about Brain Injury)
Due to secondary brain injury
The following effects of a primary brain injury usually cause secondary brain injury:
- insufficient blood flow or lack of oxygen to the brain
- chemical changes
- bleeding inside the skull
- increased fluid build-up
- brain swelling and increased pressure inside the skull
- an infection
- low blood pressure
- brain abscess
If the victim delays seeking medical care soon after a head injury, the risk of secondary brain injury increases.
However, secondary brain injury can also occur independent of an external event – e.g., meningitis, brain tumor, excessively acidic blood (acidosis), excessive carbon dioxide levels in the blood ( hypercapnia ), or changes in neurotransmitter release.
Symptoms of brain injury
Immediate medical attention is needed for any of the following symptoms of brain injury:
- unconsciousness
- vomiting and nausea
- seizures
- loss of coordination
- sense of confusion
- agitation or other behavioral changes
- clear fluid from the nose or ears
- lose balance
- persistent, worsening headache
- pupil dilation
- slurred speech
- fatigue
- numbness or weakness in the fingers and toes
Most common causes of primary brain injuries
The major causes of primary brain injuries are as follows:
Falls
Examples include falling off a ladder, falling stairs, or tripping and hitting your head on the ground or a solid object.
Motor vehicle accidents
It is common for the head to be hit by a forceful blow or by an object in a collision, such as a headrest or another part of the vehicle.
Play
TBIs, such as concussions, often occur in high-impact sports, such as football, boxing, soccer, baseball, lacrosse, skateboarding, hockey, etc.
Violence
This includes domestic violence, assault, child abuse, gunshot wounds, shaken baby syndrome, etc.
Brain Injury Attorney Can Help
If you or a loved one has suffered secondary brain damage in an accident that was preventable because of the negligence of another party, you may be entitled to compensation. Contact an experienced traumatic brain injury attorney to set up a free consultation.
When should I contact a lawyer after a traumatic brain injury?
If you have suffered a traumatic brain injury as a result of the negligence or wrongdoing of another party, contact an attorney as soon as possible. Even a mild traumatic brain injury (TBI) can have long-term effects.
It is important to secure the compensation you and your family need for ongoing treatment and rehabilitation and to be financially secure. Hiring a brain injury attorney will greatly increase your chances of doing so in the following ways.
Legal advice
Even if you are unsure who is liable for your TBI, an attorney can help you understand the legal aspects of your accident and answer any questions you may have.
In addition, they have the resources to investigate and determine which parties are responsible and gather the evidence you need to hold them accountable.
As a result, they will save you and your family hours of extensive legal research on your options for obtaining compensation. (Everything about Brain Injury)
Liability is disputed
Having someone by your side who you can trust and who can help you navigate the claims process is important.
California’s “pure comparative negligence” rule will reduce your compensation if the responsible party denies responsibility and can successfully blame you.
Under this law, each party is assigned a percentage of fault for their contribution to an accident, reducing their compensation accordingly.
For example, if you are awarded $100,000 and are found 30 percent at fault, you will only receive 70 percent of the award, or $70,000.
You’ll need strong evidence to support your claim when a fault is disputed. An attorney will ensure that the liability falls on the appropriate parties and that you are properly compensated.
Protection from insurance companies
Even if the at-fault party accepts responsibility, their insurance company will not automatically offer you the compensation you deserve.
Insurance company adjusters may seem nice, but they are trained to settle claims for the least money possible.
They will handle all communication and interactions with the insurer so that your claim is taken seriously.
If an attorney is not representing you, the adjuster may take advantage of you by pressuring you into an unfair settlement, delaying payment, or denying your claim and believing they can beat you in court. Huh. With a lawyer by your side, the threat of a lawsuit looms large.
Recovery of full compensation
Life. A TBI can also be financially devastating. You may be unable to work for weeks, months, years, or even ever because of your symptoms.
Even if they recover physically, some TBI victims also suffer from emotional distress (e.g., depression, anxiety, insomnia, PTSD, etc.), which may prevent them from earning the same income as before their injury.
They become incapacitated, and their quality declines. Overall, the average lifetime cost of care can reach millions, depending on the severity of the TBI.
You and your family will need the help of a brain injury lawyer to secure the compensation you need now and in the future.
They can assess the value of your case and, if necessary, hire experts to testify about the cause of your TBI, the extent of the injury, and its long-term impact on your life.
Studies show that injury victims who hire attorneys typically receive three and a half times more compensation in settlements or awards, even after paying legal fees, than those who do not.
How does a lawyer collect evidence to prove liability in brain injury cases?
Recovering fair compensation in case of brain injury requires proving that the negligence of another party was responsible for your loss.
To ensure your success, a traumatic brain injury attorney will build your case by thoroughly investigating your accident and collecting important evidence. (Everything about Brain Injury)
Collect documentation
A brain injury attorney will make sure that all the physical evidence needed to support your case is gathered. For example:
- sending trained investigators to the scene of the incident that caused your brain injury;
- taking pictures of the scene where you were injured and the area around it;
- Search available surveillance footage of the incident;
- reviewing traffic camera recordings (if applicable, for example, car accident cases);
Obtaining a copy of the police report, which insurance companies often use to determine fault.
Collecting black box data when applicable (for example, commercial truck accidents). They can provide valuable information about the vehicle and the events leading up to the collision, such as its speed, braking, and steering;
- ensuring you receive appropriate medical care and follow-up treatment;
- Obtaining copies and reviewing all medical records. The medical record must link your brain injury to an incident caused by the at-fault party.
- hiring a medical expert to testify about the severity, prognosis, and daily and long-term effects of your brain injury;
- collecting pay stubs, tax returns, and other evidence of lost income;
- subpoenaing the cell phone records of the delinquent party, if necessary;
This list is not exhaustive, but an attorney will build your case with physical evidence as soon as possible because it can be quickly lost or destroyed, and the witnesses’ memories fade. (Everything about Brain Injury)
Interview witness
If someone witnessed your traumatic brain injury accident, your solicitor would seek out them to take their statement.
Witnesses can offer an objective perspective on how your injury happened and who was at fault.
Additionally, since they have no financial stake in your claim, their opinion may be important to the insurance company’s decision on liability.
Hire the experts
Employing expert witnesses is usually critical to success in a brain injury case. Some examples include:
Neurologist or neuropsychologist: They can testify about the nature and extent of your injury, cognitive impairment, the type of treatment you need, and its long-term impact on your life.
Psychologist: A psychologist can testify about your emotional state. For example, how you adapt to the dramatically changed lifestyle and whether you suffer from any psychological conditions (e.g., depression, anxiety, PTSD, etc.).
Vocational Specialist: Testimony to your need for a new type of employment.
Accident reconstructionist: If your case involves a car accident, an accident reconstruction specialist can analyze the collision to determine the cause of the accident and use physics and engineering techniques to identify factors that contributed to your brain injury. Can apply the principles of
How evidence is used to prove liability
Proving negligence to another party involves demonstrating the following four elements:
Duty of care
For example, you have a brain injury case involving medical malpractice. The defendant (the guilty party) owed a duty of care to the plaintiff (the victim).
Doctors have a higher duty of care to patients to extend the same reasonable care that another physician in the same field would provide.
As a result, establishing a doctor owes you a duty of care that requires proving your relationship, which can be done with medical records.
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The defendant breached their duty of care by failing to act as another reasonable person in a similar situation would.
Using the same medical malpractice case example, proving a breach of care by a physician may require medical records, witness statements, and medical expert testimony regarding the standard of care and how it deviated. (Everything about Brain Injury)
Causation
The actions of the defendant directly harmed the plaintiff. Evidence of causation can be medical records related to surgery, your brain injury afterward, follow-up care, eyewitnesses, expert testimony, etc.
For example, if your anesthesiologist had properly monitored you during anesthesia, your brain would not have been deprived of blood flow, resulting in damage. In other words, you would not have been injured without the defendant’s behavior.
Damages
The plaintiff suffered a loss due to the negligence of the defendant. Evidence of damages includes, for example, medical bills, pay stubs showing lost income, testimony on the extent of your brain injury and your pain and suffering, etc.
If you do not suffer any financial or personal loss for which you are eligible for reimbursement, then there is no issue.
What Kind of Costs Can I Recover in a Traumatic Brain Injury Lawsuit?
Traumatic brain injury is one of the worst types of injury any person can experience.
Being in an accident that causes these types of injuries certainly causes lifelong hardship, including but not limited to lifelong disability, inability to work and earn money, and general pain and suffering.
Such damages are eligible for compensation. Even though money can’t undo an injury, it can help manage medical care, bills, and other responsibilities.
Due to the nature of these types of injuries, you can recover more costs than your typical accident lawsuit.
Types of Costs You Can Recover
When it comes to the costs resulting from a traumatic brain injury, there are a few different ways to apportion these costs when it comes to compensation from a lawsuit.
Damages in a personal injury lawsuit can come in three different types, but in this case, we’ll focus only on the costs recoverable in the lawsuit. (Everything about Brain Injury)
Financial loss
The first thing that courts will look at in terms of recovery after an accident is the immediate financial loss that a person suffers due to their accident and subsequent injuries.
The amount of recovery, in this case, is calculated based on the evidence you can bring to the court, in other words, receipts, bills, check stubs, and other documents that prove your loss.
The cost includes all medical bills and treatment required after the accident. Other costs include lost wages, time away from work, travel expenses, legal fees, property damage, and replacement costs.
Financial damages are most common in injury cases and, thus, most often awarded.
Future loss
The latter. These injuries are life-changing and require a person to have ongoing medical care and other needs.
In the context of a personal injury lawsuit, courts consider these types of damages as future damages.
Types of future damages include ongoing medical expenses, costs for treatment, rehabilitation, medical equipment, quality of life care, and in some cases, pain and suffering.
The court also considers lost wages and lost earning potential. This can be things like the possibility that a person may be promoted or lose business deals and other potential earnings.
These losses can be more difficult to prove. Still, expert testimony from financial professionals and evidence of current earnings, along with estimates and projections, can help make these losses adjustable by a court. (Everything about Brain Injury)
Other damages
In some cases, the court may also award costs related to mental and emotional trauma and pain.
These types of harm are often associated with permanent loss of quality of life associated with traumatic brain injuries and other major injuries, especially if coping with the trauma includes care such as seeing a doctor or medication for an associated mental disorder.
These types of damages are more difficult to prove than others, but expert testimony can go a long way in getting these costs reimbursed.
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