Traumatic Brain Injury Lawyer
Traumatic Brain Injury: What Is A TBI and How Can I File a Lawsuit?
A traumatic brain injury (TBI) is the result of damage to the brain that can cause temporary or permanent impairment. In some cases, these injuries are immediately recognizable, such as penetrative injuries. In other cases, they may not be visible from the outside, and symptoms may not be recognized immediately.
TBIs are, unfortunately, quite common, with up to 2.8 million Americans suffering from TBIs every year. Because these can happen so frequently and can have a lasting impact on the victim’s life, it is important to know the signs and symptoms of a TBI and how to take legal action if someone else’s negligence caused your accident.
What Qualifies as a Traumatic Brain Injury (TBI)?
Traumatic brain injuries can range from mild to severe.
While the term “mild” is associated with this type of injury, it is important to be mindful of the fact that even a mild TBI can cause significant disruption to your daily life. A brain injury that causes a short loss of consciousness or leads to disorientation lasting less than 30 minutes is considered to be mild. It is unfortunately common for these to be overlooked at the time of an accident.
Despite the prevalence of initial misdiagnosis, 15 percent of patients who suffer from mild traumatic brain injuries see symptoms last a year or more.
Other names for a minor TBI include:
- Minor traumatic brain injury
- Minor head trauma
- Minor brain injury
- Minor head injury
- Concussion symptoms at the time of injury, or they may develop over time.
Symptoms of a mild TBI include:
- Vision troubles
- Memory loss
- Poor focus
- Sleep issues
- Loss of balance
- Emotional disturbances
- Sensory issues
- Mood changes
- Slowed thinking
Moderate and mild TBIs have many similarities. The main distinction is the duration of symptoms. Symptoms of a moderate TBI will last longer and will typically worsen as compared to a mild TBI. In the case of a moderate TBI, this may cause a loss of consciousness that lasts from a few minutes to a few hours.
Confusion may be prolonged as well and can last for weeks. Symptoms of both cognitive and behavioral impairment can last for months or become permanent. The symptoms of a moderate traumatic brain injury may range from mild to severe, but the prognosis is quite favorable and many who are diagnosed with a moderate TBI can recover fully.
A severe traumatic brain injury is marked by several factors, including a loss of consciousness of 20 minutes to 6 hours. Additional distinguishing features of a severe TBI include the severity of the initial injury, impact on overall bodily function, dysfunction of the affected individual, and more. The ongoing nature of these symptoms is what makes severe brain injuries so traumatic to victims and their families as they can be permanent.
Symptoms of a severe TBI include:
- Attention difficulties
- Concentration issues
- Memory loss
- Speech and language issues
- Issues with reading and writing
- Sensory issues
- Chronic pain
- Loss of bowel and bladder control
- Social-emotional issues
If you or a loved one is suffering symptoms of a TBI of any severity, you may be facing enormous physical, emotional, and financial difficulties. If a negligent party caused you to suffer a TBI, you might be entitled to compensation. Contact an experienced attorney immediately to discuss your options for filing a personal injury claim.
If I’ve Suffered a Brain Injury, What Are My Rights?
If you or a loved one has suffered a TBI in an accident caused by another person or party’s negligence, you may be entitled to significant financial compensation. Legal action could help you recoup medical expenses, as well as secure compensation for lost wages, loss of future earnings, anticipated treatment costs in the future, as well as pain and suffering.
Many traumatic brain injury claims will be brought in the form of a personal injury lawsuit . These lawsuits will be predicated on the fact that your injury was caused by someone’s negligence. This could be either through direct action, such as a car accident, or inaction, such as improper maintenance of facilities leading to a fall. To win a personal injury or premises liability case, a lawyer will need to prove that your injury was caused by someone else who was acting negligently.
Another situation that can lead to a TBI is medical malpractice. Common instances that can lead to brain injuries under medical care include birth injuries, disease, or exposure to toxins. Blame can be placed on medical practitioners if they failed to uphold reasonable standards of care and either caused a TBI or allowed it to progress under their watch.
A seasoned brain injury lawyer can gather evidence and build a strong case in order to prove that your injuries were caused by negligence. This is crucial in order to pursue the compensation you and your loved ones deserve.
What Types of Compensation Can I Pursue in a traumatic brain injury Lawsuit?
The severity of brain injuries can vary, but they are often quite substantial injuries that have a significant effect on a victim. Your injuries may impact your ability to live a normal life and may require constant attention. This level of care can be physically, emotionally, and fiscally draining for you and your loved ones. As a result, financial compensation is often crucial in maintaining normalcy.
At Ketterman Rowland & Westlund, we firmly believe that victims should not struggle financially after suffering a TBI that was caused by someone else’s negligence. Our team will fight for full and fair compensation, including damages for:
- Current and future medical expenses
- Physical pain and suffering
- Mental anguish
- Loss of wages or earning capacity
- Physical impairment or disfigurement
I Got into an Accident Several Years Ago. Can I File a Claim for My Brain Injury?
If you’ve suffered a TBI, it is best to consult an attorney right away, especially if you believe your accident was caused by someone else’s negligence. Under normal circumstances, you have up to two years after your injury date to file a claim.
Fortunately, there are a few exceptions to the two-year statute of limitations. A notable exception comes into play when you are dealing with a TBI. Due to the nature of these injuries, they may be misdiagnosed, or the symptoms may not appear until later. If this is the case, you may still be able to file a claim, so you should seek legal advice as soon as you are diagnosed with a brain injury.
What Are the Common Causes of Traumatic Brain Injury?
TBIs are unfortunately common and can arise from many different kinds of accidents. Concussions make up a majority of TBIs, with the leading cause being slips and falls. TBIs are incredibly serious and account for one-third of all injury-related deaths in the United States each year.
Some of the common causes of traumatic brain injuries include:
- Slips and falls
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
If you or a family member has suffered a TBI in an accident due to someone else’s negligence, it is your legal right to hold the negligent party responsible. Working with a traumatic brain injury lawyer will enable you to pursue the justice and compensation you deserve.
How Do Brain Injuries Affect One’s Daily Life?
If you or a loved one has suffered a TBI, it might feel as if your world has been turned upside down. Along with physical pain and potential limitations, you might also be dealing with emotional issues, trouble with focus or memory, and other effects.
All of these issues can significantly impact your ability to work, support yourself and your family, and enjoy life with your friends and loved ones. Hiring an attorney could help you seek the compensation you need to get the best treatment available and protect your financial future as you work to get back on your feet.
Talk to an experienced injury
The impact of a traumatic brain injury on a victim and his or her loved ones can be substantial and drastic. If this has happened to you, you need an experienced injury lawyer from Ketterman Rowland & Westlund.
Our legal team has extensive experience handling complex brain injury cases. We are committed to providing high-quality legal representation and compassionate customer service. This means treating you like family and seeking the maximum compensation possible for you and your loved ones. For a free consultation, call us today at 855-569-7767 to begin your pursuit of justice.