Brain Injury Lawsuits
Have you suffered a brain injury? Most personal injuries occur because someone was careless or “negligent”. Each person has a duty to avoid harming someone else or to conduct ourselves in a manner that does not pose a risk to others. If someone was negligent and failed to live up to this “duty” and you have suffered a brain injury, you may be entitled to compensation. Do you need help filing a brain injury lawsuit? Please fill out the Free Evaluation and an expert traumatic brain injury lawyer will evaluation your case for negligence or medical malpractice.
The Facts about traumatic brain injuries
For individuals under the age of 75, half of all traumatic brain injuries are caused by car accidents, bicycles or motorcycle accidents. For those older then 75, most of their brain injuries are caused by slips and falls. Most of the remaining brain injuries are caused by violence, sports injuries, medical malpractice, firearms and alcohol abuse. The groups at highest risk for brain injury are children ages 0 to 4 years of age and young adults age 15 to 19. Males are also more likely then females to have a brain injury. In the United States there are an estimated 1 million brain-injured people treated in emergency rooms each year.
Two types of Acquired brain injuries:
Traumatic Brain Injury
– It is usually caused by severe, physical trauma to a localized area of the brain. Traumatic brain injury occurs when the head is hit hard enough to shake or move the brain within the skull. This is also known as a closed head injury. It can also be caused by a penetrating head injury (ex. bullet) which damages the brain tissue. Traumatic brain injury may result in temporary or permanent brain injury. The symptoms could be severe or mild.
Non-traumatic Brain Injury
– is the second type of acquired brain injury. This type of injury is damage to the brain which can result from a wide range of medical conditions. Such conditions include: infection, tumor, stroke, anoxia or meningitis. Each of these conditions can cause deterioration or malfunction of the brain. The result of such conditions could be complete recovery, mild or severe disability or even death.
Injury Symptoms from Severe Head Trauma
- loss of consciousness
- severe headaches
Symptoms from Mild Brain Injuries
- loss of memory
- blurry vision
- behavioral changes
Factors in Brain Injury Lawsuit Settlements
If someone is found to be negligent for your brain injury, compensation will be determined by the type of injury sustained, and the duration and kind of medical treatment you receive. Compensation for a head injury will include pain and suffering, length or recovery, emotional distress and life disruption. Lost income can also be factored into the overall damages recovered. If the brain injury was a result of a car accident, property damages will also be added into the compensation amount.
- Type of injury sustained – If you have a “hard injury”, which is one that is detected through a physical exam, you may be able to receive higher damages. If you have a head injury, all information should be documented on your medical file. Symptoms could include: dizziness, nausea, headaches, or loss of consciousness. Permanent disability, disfigurement and scarring can also increase damages.
- Duration of treatment – if you receive treatment for a long time for your injuries this could raise the amount of pain and suffering you experience. Extensive treatment by a physician or at a medical clinic can also be evidence that your injury was severe and raise the level of compensation you will receive. Follow-up visits to the doctor are important and the doctor should document your recovery time in your medical file.
- Kind of medical treatment – determination of compensation will be highest if treatment is received by physicians, medical clinics and hospitals. Other non-traditional treatments such as chiropractors, massage therapists, and acupuncturists will be not be considered as highly for compensation costs.
- Lost Income – Compensation for your injury will include all lost income for the time you were unable to work. It will also include income lost when you were undergoing any special treatment for your injuries. Lost income can be recovered if you are a full-time, a part-time, an hourly or a salaried worker.
- Pain and suffering – Any type of physical discomfort can be added into your compensation amount. This can include sleeplessness, depression, or strains on relationships. All pain and suffering should be documented. If you consult a dietician for stomach pain or a therapist for depression, expenses and medical records need to be maintained.
- Disruption to your life – There are other things that an injury can disrupt that a dollar value may be harder to calculate but can be included in damages. These things could include a missed schooling opportunity, inability to have sexual relations or an event that had to be cancelled (ex. graduation, wedding or vacation). All these disruptions can be included in the final compensation amount.
- Property Loss – If you are injured as a result of someone else’s negligence they are not only liable for your personal injuries but also any property loss you experience. Property loss most frequently occurs in a car accident. The loss includes not only the cost of the car but all contents inside as well. Property loss can include loss of personal affects (ex. a ring, clothes, watch) that you were wearing as well.
Let a Brain Injury Lawyer Evaluate Your Case Today!
A brain injury can be mild or severe and often, how debilitating the injury is, will affect how much a claim is worth. An insurance adjuster might want to speed up a settlement, but it is important to consultant a lawyer who can help document all the effects of the injury and make sure your medical records reflect your condition. Your claim should also emphasize any long-term effects of the injury such as dizziness or headaches. Please fill out the Free Evaluation and an expert brain injury lawyer will evaluate your case.
State laws will determine the time limit a person has to file a personal injury lawsuit. It is important to understand the statute of limitations for your injury. Determining compensation for a brain injury can be especially difficult because the full extent of your injuries may not be known for some time. A brain injury lawyer can help you understand individual state laws and help you collect all the information you need.
Do not attempt to settle your claim too soon. It may take weeks or months to completely understand the full extent of your injuries. You may feel an urgent need to replace lost income or pay for medical bills, but failing to consult an expert brain injury attorney may undermine your ability to collect the full amount from the insurance company.