Traumatic brain injuries (TBIs) can significantly disrupt an individual's life, leading to emotional and financial strain on the victims and their families. After an accident, you may need to recognize the risk factors and symptoms of TBIs, you must also understand your legal rights and the potential remedies available to you if you or your loved one has suffered such an injury.
This guide discusses some of the most common causes of TBIs, highlighting the legal avenues you can pursue to seek compensation and justice for the devastating consequences of these injuries.
A qualified traumatic brain injury lawyer can help you navigate the complex legal process and ensure you receive the rightful support you deserve.
TBIs
TBIs refer to physical damage to the brain an external force or trauma induces. Common causes include motor vehicle accidents, slips and falls, sports-related collisions, and physical assaults. Symptoms can range from mild to severe, with mild cases usually manifesting as headaches, dizziness, confusion, memory issues, and nausea. In more serious cases, TBIs can lead to unconsciousness, seizures, paralysis, and even death.
Motor Vehicle Accidents
Motor vehicle accidents are a leading cause of traumatic brain injuries and account for many TBI cases yearly. These accidents may involve cars, motorcycles, trucks, cyclists, and pedestrians. Several parties could be liable for a TBI from a motor vehicle accident.
Legal Claims Against Negligent Drivers
In pursuing a personal injury claim, your attorney must prove that the driver was negligent. Proving negligence requires several elements, including duty of care, breach of duty, causation, and damages.
Duty of care while driving involves operating a vehicle safely and in accordance with traffic laws.
A breach could entail violating traffic laws, speeding, or driving while distracted. After identifying duty and breach, a victim must show that the breach caused the accident and the resulting TBI.
Government Entities' Responsibility for Maintaining Safe Road Conditions
Poor road conditions, such as hazardous construction zones or inadequate signage, may cause accidents. In these instances, government entities responsible for maintaining the roads could be liable for the victim's injuries.
Your attorney must prove that the unsafe conditions directly contributed to the accident and that the government inadequately addressed these issues.
Compensation for TBI Victims in Motor Vehicle Accidents
TBI victims may recover compensation, depending on the severity of their injuries and the specific circumstances surrounding their accident. This compensation may include medical expenses, lost income or future earning potential, rehabilitation costs, pain and suffering, and other damages.
Your attorney will work to determine the appropriate compensation for your case, considering the extent of your injuries, any long-term effects, and the financial influence on you and your family.
Slip and Fall Accidents
Another common cause of TBIs is slip, trip, and fall accidents, which can occur in places such as retail stores, restaurants, or even private residences. Property owners or managers must maintain a safe environment for visitors and you can hold them legally accountable for accidents resulting from TBIs.
Property Owner or Manager Liability
The concept of premises liability dictates that property owners and managers have a legal duty to maintain a safe environment for visitors. If a slip and fall accident occurs due to negligence, such as leaving a slippery surface unattended or failing to repair an uneven floor, you may hold them liable for any resulting TBI.
Common Dangers That Can Cause Slip and Falls
Slip and fall accidents typically involve some form of unsafe condition that the property owner or manager failed to address, such as:
- Slippery surfaces resulting from spills, leaks, or inadequate maintenance.
- Uneven flooring or surface transitions.
- Poor lighting that obscures hazards or creates dangerous shadows.
Compensation for TBI victims in slip and fall accidents
Victims of slip and fall accidents resulting in TBIs may be eligible for various types of compensation. This could include medical expenses, lost income, rehabilitation costs, and pain and suffering.
Your attorney will evaluate your case to determine the proper compensation based on the severity of your injuries and the specific circumstances surrounding the incident.
Sports and Recreational Activities
Participating in contact sports and other recreational activities can also result in TBIs, especially when proper safety precautions and equipment are not available for participants. In these cases, injured individuals may bring negligence claims against coaches, trainers, equipment manufacturers, or other parties responsible for ensuring the safety of participants.
Prevalence of TBI in Contact Sports and Recreational Activities
TBIs are common in contact sports, like football, hockey, and soccer, and recreational activities, including cycling, skiing, and horseback riding. These injuries can cause severe brain trauma.
Negligence Claims Against Coaches, Trainers, or Equipment Manufacturers
If you suffer a TBI while participating in a sport or recreational activity, your attorney may pursue a negligence claim against any parties responsible for ensuring your safety.
This could include a coach or trainer who failed to enforce safety protocols or provide appropriate safety equipment, or a manufacturer who produced and sold defective gear, such as a faulty helmet.
Compensation for TBI Victims in Sports and Recreational Activities
Victims who sustain a brain injury while participating in sports or recreational activities may recover compensation for medical expenses, lost income, pain and suffering, and other damages. Your attorney will carefully evaluate your case to determine the appropriate compensation and identify the liable parties, ensuring that you receive the financial support necessary for your recovery.
Assaults and Violent Crimes
Physical assaults and other acts of violence can also lead to TBIs. In these cases, the criminal justice system typically holds the perpetrator accountable. Victims may also pursue civil lawsuits for financial compensation related to their injuries.
Prevalence of TBI Resulting From Physical Assaults and Violent Acts
Physical assaults, such as battery or domestic violence incidents, and violent crimes, including shootings and other forms of intentional harm, can lead to TBIs with varying severities. These cases often involve criminal charges against the perpetrators, but victims can also pursue compensation through civil court.
Criminal Charges Against Perpetrators
Individuals who commit assaults or other violent acts resulting in TBIs may face criminal charges, including imprisonment, fines, or probation. So too might property owners who failed to provide adequate security where the assault took place. While criminal charges punish the offender and protect society, they do not necessarily address the financial losses and suffering TBI victims experience.
Civil Lawsuits for Financial Responsibility
In addition to criminal charges, TBI victims can pursue civil lawsuits against the perpetrator for financial compensation related to their injuries. Your attorney can file a lawsuit to recover damages, such as medical expenses, lost income, pain and suffering, and emotional distress, resulting from the perpetrator's violent actions.
Compensation for TBI Victims in Assault and Violent Crime Cases
Civil lawsuits can provide TBI victims the financial resources to cover their medical treatment, lost income, and other injury-related costs. Your attorney will work to maximize your compensation by carefully evaluating your injury's severity, the TBI's long-term effects on your life, and the specific circumstances surrounding the assault or violent act.
Identifying Liable Parties
The liable parties in a personal injury claim involving a TBI can vary according to circumstances. You can generally seek compensation from the at-fault or a third party vicariously liable for the at-fault party's negligence.
Examples may include employers of the at-fault party or manufacturers of defective products. Businesses and property owners can also be liable for failing to maintain safe premises when it leads to a TBI.
TBIs often result in significant medical bills, recovery periods, and missed work, creating substantial compensation claims for victims. While most TBI parties file against the at-fault's insurance policy, many policies have insufficient limits for covering such claims, leaving the victim without essential compensation for losses and care.
An experienced TBI attorney can identify all liable parties and pursue every available policy to cover the total claim value and provide the compensation you need to rebuild your life after a TBI.
Damages for a TBI
TBI damages can be particularly high due to the intense medical needs following this type of injury and the effect on a victim's life. Personal injury lawsuits seeking compensation for TBI victims often include economic and non-economic damages.
Economic Damages
Economic damages are quantifiable, meaning you can place a dollar amount on them. They often focus on a TBI's medical costs, including rehabilitation, home modifications such as ramps and lifts, home replacement services, and property damages from the accident.
Non-Economic Damages
TBIs are well known for the non-economic damages they cause, such as pain and suffering, emotional distress, and loss of enjoyment of life. These can vastly exceed the amount of economic damage some TBI claims seek.
Although they're not easily quantifiable, they often significantly affect victims, and compensation is often necessary to move forward with their lives. Hiring an experienced attorney who can evaluate these damages and provide you with the strongest legal representation to recover maximum compensation for non-economic losses is crucial.
Contact a TBI Attorney After Your Life-changing Injury
TBIs can have life-altering consequences for victims and their families. Understanding the most common causes of TBIs and their legal implications ensures you receive the compensation they deserve.
Contact an experienced personal injury attorney who will fight for justice, navigate the complex legal process on your behalf, and obtain the compensation you need to rebuild your life.