Fighting the Insurance Company after a TBI

Traumatic brain injuries (TBIs) can happen when individuals suffer a strong blow to their head or strike their head on a hard surface in an accident. The most common types of TBIs include concussions, which are bruises on the brain that can lead to bleeding and swelling, and diffuse axonal injuries, where the brain’s long connecting fibers become damaged. Additionally, intracranial hematomas occur when blood clots form inside the skull, increasing pressure on the brain and potentially causing serious complications.

In some situations, victims of serious accidents may even fall into a coma or permanent vegetative state due to a TBI.

If you or a person you love suffered a TBI in an occurrence that resulted from someone else’s negligence, you should consult with an experienced personal injury attorney right away. Your lawyer can promptly file a claim with the appropriate insurance company and fight for the compensation you deserve. If the insurance company refuses to adequately compensate you, your TBI injury lawyer may pursue litigation in the state court system on your behalf.

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Types of Occurrences that Result in TBIs

TBIs can result from various accidents due to others’ negligence, leading to serious and sometimes long-lasting consequences. Here are some common scenarios:

• Car Accidents – Car accidents are a frequent cause of TBIs. When drivers ignore traffic laws or drive recklessly, collisions can occur, causing the occupants of the vehicles to hit their heads against hard surfaces like the steering wheel or window. This impact can result in concussions or more severe brain injuries.
• Motorcycle Accidents – Motorcyclists are particularly vulnerable to TBIs. Negligent drivers who fail to see or yield to motorcyclists can cause severe crashes. Even with adequate protective gear like helmets, motorcyclists may still suffer from significant head injuries, including fractures or contusions to the brain.
• Slip and Fall Accidents – These accidents often happen in environments where property owners neglect safety. For instance, if a store fails to clean up spills or repair broken flooring, individuals may slip and fall, hitting their heads on hard surfaces. Such impacts can lead to serious brain injuries.
• Pedestrian Accidents – Pedestrians are at risk when drivers fail to follow traffic signals or become distracted. If a vehicle strikes a pedestrian, the impact can cause the pedestrian to fall and hit their head, leading to TBIs.
• Falls from Heights – Accidents involving falls from ladders, scaffolding, or other heights often occur due to negligence in maintaining safety equipment. For instance, if a ladder is unstable or a safety harness is faulty, falling from a height can lead to severe head injuries.
• Sports Injuries – In contact sports, such as football or hockey, players can suffer head injuries from collisions or falls. Coaches or organizations that fail to enforce proper safety protocols, like using helmets or conducting regular health checks, increase the risk of TBIs.

When negligence leads to TBIs, victims may face significant challenges, including medical treatment, rehabilitation, and long-term effects on their quality of life.

Medical Costs of a TBI

TBIs resulting from someone else’s negligence frequently require comprehensive medical treatment, which can be both complex and costly. The extent of treatment needed often depends on the severity of the injury.

• Initial Treatment – When a TBI is first diagnosed, immediate medical attention is necessary. This usually involves emergency care to stabilize the patient. In severe cases, this may mean surgery to reduce swelling or repair damaged brain tissue. The cost of emergency care can be high, especially if surgery is required.
• Hospitalization – Following emergency treatment, patients often need to stay in the hospital for further monitoring and care. The length of hospitalization can vary based on the injury’s severity. Costs during this period may include daily hospital charges, specialist consultations, and diagnostic tests such as CT scans or MRIs. Extended hospital stays can lead to significant expenses.
• Rehabilitation – After initial treatment, many TBI patients require rehabilitation to regain their physical and cognitive abilities. Rehabilitation may include physical therapy to improve movement, occupational therapy to help with daily activities, and speech therapy to address communication issues. Each type of therapy involves regular sessions with healthcare professionals, which adds to the overall cost.
• Medications – Managing a TBI often involves medications to control symptoms like pain, seizures, or mood changes. These medications can be expensive, and the costs may add up over time – especially if long-term use is needed.
• Long-term Care – In some cases, TBIs can lead to long-term or permanent disabilities. Patients may need ongoing medical care, assistive devices, or home modifications to accommodate their new needs. The costs for these long-term solutions can be substantial, encompassing both medical and non-medical expenses.
• Additional Costs – Beyond direct medical expenses, there are often additional costs related to a TBI. These can include lost income if the victim is unable to return to work and personal care assistance if the injury results in a loss of independence.

Overall, the costs associated with treating a TBI can be overwhelming, especially when the injury results from someone else’s negligence. An experienced personal injury lawyer can help you or your loved one recover the compensation you need for your TBI and its aftermath.

Proving the Legal Elements of a TBI Case

In a TBI case, proving that someone else’s negligence caused the injury involves several legal elements. Here’s an overview of these key elements:

• Duty of Care – The first element is establishing that the at-fault party (i.e., defendant) owed a legal duty of care to the injured accident victim (i.e., plaintiff). Duty of care means that the defendant had a legal obligation to act reasonably and avoid causing harm to others. For example, a driver has a duty to follow traffic laws and drive safely. In a TBI case, you must show that the defendant had this duty.
• Breach of Duty – Next, you must legally demonstrate that the defendant breached their duty of care. A breach occurs when someone fails to act as a reasonable person would under similar circumstances. For example, if a driver runs a red light or a property owner neglects to repair a hazardous condition, they have breached their duty of care.
• Causation – Causation involves proving that the defendant’s breach of duty directly caused the TBI. This requires showing a clear link between the defendant’s actions and the injury. In other words, you must demonstrate that the accident or incident resulting from the defendant’s negligence led directly to the TBI. This often involves medical testimony to establish how the injury occurred and its connection to the incident.
• Foreseeability – You must also show that the defendant could have reasonably foreseen that their actions would cause harm. If the risk of a TBI was a predictable consequence of the defendant’s behavior, this element is satisfied. For instance, it is foreseeable that running a red light may cause an accident, potentially resulting in a TBI or other serious injury.
• Damages – Finally, you must prove that the TBI resulted in damages. Damages are the losses and suffering experienced due to the injury. This includes medical expenses, pain and suffering, lost income, and other financial and personal effects. Evidence such as medical records, bills, and expert testimony is used to prove the extent of these damages.

To win a TBI case, you must provide sufficient evidence for each of these legal elements. This often involves gathering detailed medical records, witness statements, and expert opinions to build a strong case.

Recovering Compensation for a TBI

Russell Reiner, Traumatic Brain Injury Attorney

In a TBI claim or lawsuit, you may be entitled to compensation for several types of damages. Each type addresses different aspects of the harm and losses you’ve suffered due to the injury. Here are the main categories:

• Medical Expenses – This includes costs related to the treatment of your TBI. It covers hospital bills, surgeries, medications, rehabilitation, and any ongoing medical care you may need. If your injury requires future medical treatments or therapies, these anticipated costs can also be included in your claim.
• Lost Earnings – If your TBI prevents you from working, you can recover compensation for the income you’ve lost while recovering. This covers not only the income you’ve already missed but also any future income you may lose if your ability to work is permanently affected.
• Loss of Earning Capacity – If your TBI leads to a long-term or permanent disability that affects your ability to earn a living, you may be entitled to compensation for your reduced earning capacity. This considers your diminished ability to pursue the same job or career you had before suffering the injury.
• Pain and Suffering – This compensates you for the physical pain and emotional distress resulting from your TBI. Pain and suffering can include the effects on your daily life, mental anguish, and the overall reduction in your quality of life.
• Emotional Distress – TBI victims often experience significant emotional and psychological effects, such as anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress addresses these mental health challenges resulting from the injury.
• Loss of Enjoyment of Life – If your TBI limits your ability to enjoy activities and hobbies you previously enjoyed, you may be compensated for this loss.
• Loss of Consortium – In some cases, the spouse or family members of the injured party can claim compensation for the effect the injury has had on their relationship. This compensation acknowledges the emotional and relational strain placed on loved ones.
• Out-of-Pocket Expenses – These are costs you’ve incurred that are directly related to your TBI, such as travel expenses for medical appointments or costs of necessary home modifications due to your injury.

The compensation for each of these damages addresses the different ways a TBI affects your life, helping to alleviate the financial and personal burdens that the injury has imposed on both you and your loved ones.

Talk with an Experienced TBI Attorney Today

If you or someone you love has suffered a TBI in an accident that resulted from another person’s negligence, you have legal options available. A skilled personal injury attorney in your area can review your options with you, take the necessary legal steps on your behalf, and fight for the fair compensation you deserve.