Traumatic brain injuries (TBIs) are injuries whose consequences can permanently alter a person’s health, employment, and independence. These injuries have been associated with catastrophic events, but there are several everyday situations that can all result in a TBI. Regardless of how it happens, if someone’s negligence caused you such a life-altering injury, the law allows you to seek financial recovery from the responsible party.
However, without skilled legal representation, you may find yourself settling for far less than your injuries warrant. This is especially true when insurance companies downplay the severe nature of your injuries to reduce the potential payouts. If you or someone close to you has sustained a TBI because of someone else’s carelessness, legal action may be the only path to securing the recovery necessary for long-term care, rehabilitation, and lost earning potential.
Continue reading to gain insight into how TBIs occur and the role of a TBI lawyer in pursuing legal remedies available.
What is a TBI?
A traumatic brain injury is brain damage resulting from an abrupt impact or force to the head. This movement can damage brain cells, bruise brain tissue, or cause bleeding. TBI is classified into three main categories based on severity: minor, moderate, and severe. The severity depends on symptoms, brain imaging results, and how long the person is unconscious or confused.
A minor TBI, commonly called a concussion, happens when a person experiences a bump, blow, or jolt to the head. Symptoms may include a brief period of confusion, headache, dizziness, nausea, and temporary memory problems. Some people may also become sensitive to light or noise. The good news is that most people with a minor TBI can heal fully in a few days or weeks with proper rest.
A moderate TBI results from a stronger impact, such as a serious car crash, a bad fall, or an assault. In these cases, the person may be unconscious for minutes to hours and experience confusion that lasts for days or weeks. Recovery from a moderate TBI usually takes weeks to months, often requiring rehabilitation such as physical therapy, speech therapy, or cognitive training. While many people recover well, some may have lasting effects.
Lastly, a severe TBI occurs after a major trauma, such as a high-speed car crash. People with this type of injury may remain unconscious for hours, days, or even longer. They may suffer from extreme confusion, significant memory loss, difficulty recognizing people, and personality changes. Recovery may take intensive long-term medical care and rehabilitation. Unfortunately, many people with severe TBI never fully recover and may need lifelong support.
What Causes a Traumatic Brain Injury?
Traumatic brain injuries (TBIs) result from a diverse range of incidents. Different incidents come with unique risks and legal implications. Here are the different causes of TBIs and the potential for legal recourse for victims.
Falls
Falls are the top cause of TBIs among the older adults and young population. These incidents can happen in diverse areas, such as homes, workplaces, or public spaces, often due to hazardous conditions like wet floors, uneven surfaces, or inadequate lighting.
- Common Accidents: Falls from ladders, stairs, or elevated platforms frequently result in head trauma. For older adults, a simple trip on a rug or a fall in a poorly lit hallway can lead to a TBI. Children may sustain injuries from falling off playground equipment or furniture.
- Mechanisms of Injury: When a person falls, the head may strike a hard surface, causing the brain to collide with the skull. This impact can lead to concussions, contusions, or more severe injuries like diffuse axonal injury, which disrupts brain function.
- Legal Considerations: Property owners may be liable if a slip and fall occurs due to neglected maintenance, such as unrepaired walkways or missing handrails. Victims may pursue premises liability claims to recover damages for treating injuries and other losses.
Falls are a significant health concern, often resulting in long-term physical and cognitive impairments. Legal action to hold the negligent property owners or managers accountable can provide you with the financial resources needed for treatment and rehabilitation, ensuring you are not left to bear the burden of preventable injuries.
Gun-Related Injuries
Gun-related injuries, including both intentional and accidental incidents, are a notable cause of TBIs, often resulting in severe and life-altering consequences. These injuries typically involve high-velocity impacts that cause penetrating trauma to the brain.
- Types of Scenarios: Gunshot wounds to the head, whether from assaults, suicides, or accidental discharges, can cause catastrophic brain damage. Even non-fatal injuries may lead to significant neurological deficits.
- Mechanisms of Injury: A bullet penetrating the skull can directly damage brain tissue, cause hemorrhaging, or create pressure within the skull. The force of the impact may also cause the brain to shift, leading to secondary injuries like swelling or hematomas.
- Legal Considerations: Victims of gun-related TBIs may pursue claims against perpetrators in cases of intentional harm or against negligent parties, such as gun owners who fail to secure firearms properly. Compensation may address medical costs, lost earnings, pain and suffering, and any other costs associated with the injury.
The devastating nature of gun-related TBIs underscores the need for accountability. Legal recourse can help victims and their families address the profound financial and emotional toll of these injuries, holding responsible parties accountable for their actions or negligence.
Motor Vehicle Accidents
Motor vehicle accidents are mostly linked with many TBI cases due to the high forces involved. These incidents often occur on highways, urban streets, or rural roads, with outcomes ranging from minor concussions to severe brain trauma.
- Common Incidents: Rear-end collisions, head-on crashes, or rollovers can cause occupants’ heads to strike dashboards, windows, or steering wheels. Unrestrained passengers or motorcyclists without helmets are particularly vulnerable to TBIs.
- Mechanisms of Injury: The sudden deceleration or acceleration in a crash can make the brain dash violently within the skull, leading to bruising, shearing of nerve fibers, or bleeding. Whiplash-like motions may also contribute to diffuse brain injuries.
- Legal Considerations: Victims may pursue claims against negligent drivers, such as those who were distracted, speeding, or driving under the influence. Compensation may include damages for healthcare costs, rehabilitation costs, and diminished quality of life.
Motor vehicle accidents highlight the importance of road safety and accountability. Pursuing legal action against negligent drivers can secure the resources victims need for recovery while promoting safer driving practices through accountability.
Assaults
Assaults, encompassing physical attacks such as punches, kicks, or strikes with objects, frequently result in TBIs. These incidents often occur in domestic violence situations, bar fights, or random acts of violence.
- Common Scenarios: A blow to the head with a fist, foot, or weapon like a bat can cause immediate brain trauma. Repeated strikes, as seen in some domestic abuse cases, may lead to cumulative brain damage over time.
- Mechanisms of Injury: Direct trauma from an assault can cause skull fractures, concussions, or intracranial hemorrhages. The force of the impact may also disrupt blood flow to the brain, exacerbating the injury.
- Legal Considerations: Victims can pursue civil claims against assailants for damages, even if criminal charges are filed. Compensation may address medical costs, lost income, and emotional distress caused by the assault.
Assault-related TBIs carry both physical and psychological consequences, often requiring extensive medical and therapeutic support. Legal action offers a pathway for TBI victims to hold perpetrators accountable and obtain the financial means to rebuild their lives.
Construction Accidents
Construction sites are inherently hazardous environments, and accidents in these settings are a significant cause of TBIs. Workers and bystanders are at risk due to heavy machinery, elevated work areas, and falling objects.
- Common Scenarios: Workers may sustain TBIs from falling off scaffolds, being struck by falling tools, or being caught in equipment malfunctions. Bystanders near construction sites may also be injured by unsecured debris.
- Mechanisms of Injury: A severe blow to the head from a falling object or a fall from height can cause severe brain trauma, including skull fractures or traumatic hematomas. Repetitive minor impacts may also contribute to long-term brain damage.
- Legal Considerations: Victims may pursue workers’ compensation claims or third-party liability claims against negligent contractors, equipment manufacturers, or site managers. Compensation may address expenses like medication costs, lost earnings, and vocational rehabilitation, among others.
By law, construction site owners and managers are required to implement stringent safety protocols. If they fail to do so, injured workers can seek the support necessary for recovery through legal action.
How Can a Traumatic Brain Injury Attorney Be of Help?
If you have sustained a TBI from an accident, you may be going through immense physical, financial, and emotional challenges. These injuries can disrupt your life, and handling a legal process can prove overwhelming. Your attorney will take on your case to ensure you have time to focus on healing. Here is what a lawyer can help you with:
Case Evaluation
When you engage a TBI lawyer, they begin by thoroughly assessing your case to understand what led to your injury and build a winning claim on your behalf. Your attorney determines how your TBI occurred by examining your medical records, accident reports, and witness accounts. This process identifies who is liable, such as a property owner who neglected hazardous conditions, a driver who acted recklessly, or a contractor who failed to enforce safety measures.
Your lawyer also assesses the full scope of your losses to ensure every impact is considered. This detailed evaluation shapes a legal strategy tailored to your situation, maximizing your potential for fair compensation. By giving you clarity and direction, this step helps you pursue justice with confidence to address the consequences of your injury from the start.
Gathering and Presenting Evidence
Your head injury lawyer may have to gather and present compelling evidence to prove that someone else’s negligence caused your TBI and to demonstrate its impact on your life. They may work with medical professionals to obtain detailed reports and expert testimony that highlight the severity of your injury. They may also engage accident reconstruction specialists to clarify the order of events and establish fault.
Additionally, your attorney will collect witness statements, security footage, or workplace safety records to strengthen your claim. This approach ensures your case is well-supported and increases the chances of obtaining a favorable outcome.
Negotiations
Insurers may try various tactics and tricks to protect their resources by offering low settlements. To protect their bottom line, they may create significant obstacles as you seek compensation for your TBI. Your personal injury lawyer can counter these strategies with evidence-based arguments. For example, they can assess both your current and projected expenses to secure settlements that account for long-term consequences, such as worsening neurological symptoms.
Having an advocate gives you an edge and protects you from accepting inadequate offers that fail to address the full scope of your injury. Through professional negotiation, your lawyer can secure financial stability by obtaining compensation that accurately reflects the lasting consequences of your TBI. They can also connect you with structured settlement options to ensure consistent care and financial stability.
Representing You in Court
If negotiations do not result in a fair settlement, your TBI lawyer can proceed to court to represent you. They will organize the evidence and legal arguments to demonstrate negligence.
In the courtroom, your lawyer can clearly convey the impact of your TBI on your life so that the physical and emotional toll is fully understood. This advocacy pursues comprehensive damages, sometimes not adequately addressed in settlement discussions.
Seek Legal Support For Your TBI Claim
When dealing with life-altering injuries such as a traumatic brain injury (TBI), it’s vital to take a comprehensive approach to evidence and presentation within the legal system. Accurately conveying the true impact of your injury is essential for achieving a fair outcome.
A personal injury lawyer skilled in TBI cases can manage court filings, ensure adherence to procedural requirements, and meet deadlines on your behalf, allowing you to concentrate on your recovery and long-term care planning. Such an attorney also provides a structured approach to financial and personal recovery.
There are statutes of limitations for filing injury lawsuits. Don’t wait to contact a personal injury attorney serving in Chico right away to start building your claim and protect your right to seek financial compensation.