Traumatic brain injuries (TBIs) are a serious medical condition that can have long-lasting effects on a person’s life. They occur when there is a sudden impact or blow to the head, causing damage to the brain. TBIs can range from concussions to life-threatening injuries that result in cognitive, physical, and emotional impairments.
If you or a loved one has suffered a TBI, you should understand how it happened and to seek proper medical care. The road to recovery presents many challenges, but with the help of a Augusta brain injury attorney, you can seek compensation for your injuries and hold those responsible accountable.
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The Impact of Traumatic Brain Injuries
Before examining the most common causes of traumatic brain injuries, it helps to highlight the significant impact these injuries can have on victims and their families. A TBI can lead to long-lasting physical, cognitive, and emotional challenges that require extensive medical treatment and rehabilitation.
Physical symptoms may include headaches, dizziness, blurred vision, difficulty with balance, and problems with coordination. Cognitive impairments can manifest as memory loss, difficulty concentrating, and reduced problem-solving abilities. Emotional changes, such as mood swings, depression, and anxiety, are also common among TBI victims.
Recovering from a traumatic brain injury can be a long and arduous journey, requiring specialized medical care, therapy, and rehabilitation services.
Compensation through a personal injury lawsuit can alleviate the financial burden associated with these expenses, ensuring you have access to the necessary resources for your recovery.
The Most Common Causes of Traumatic Brain Injuries (TBI)
Here are the most frequent causes of TBIs:
Falls
Falls are the leading cause of TBIs, especially among older adults and young children. Whether it’s a slip on a wet floor, a fall from stairs, or a tumble from a bike, falls can result in severe head injuries.
Many times, a TBI resulting from a fall can be the fault of another party—such as a negligent property owner or caretaker. Hiring a personal injury lawyer is imperative to determine if you can hold another party liable for your damages.
Motor Vehicle Accidents
Car accidents, motorcycle crashes, and pedestrian accidents are significant contributors to TBIs. The impact from a collision can cause the head to hit the steering wheel, window, ground, or other hard objects, leading to brain injuries.
If you suffered a TBI from a motor vehicle accident, you may hold a number of parties liable, such as:
- Other motorists
- The employer of another motorist
- Government entities
- Motor vehicle or parts manufacturers
Sports Injuries
Contact sports such as football, rugby, and hockey can put individuals at risk of TBIs. The forceful hits and collisions during these sports can cause concussions, contusions, and other brain injuries.
While using proper protective gear, practicing good sportsmanship, and following safety protocols can reduce the likelihood of sustaining a TBI, the risk is still present.
Faulty fields or equipment, poor coaching, or even intentional actions of other players on the field can lead to a TBI.
Assaults
Intentional acts of violence, including physical attacks, domestic violence, and assault with weapons, can lead to TBIs. These cases are particularly alarming as they involve intentional harm to another person’s head.
Always report any assault to the authorities immediately and seek medical attention. The perpetrator may face criminal charges in conjunction with you pursuing a civil injury claim.
Workplace Accidents
Certain professions, such as construction workers, first responders, and factory workers, are at a higher risk of TBIs due to workplace hazards. Falls from heights, being struck by objects, or exposure to explosive materials can result in severe brain injuries.
Employers must provide a safe working environment and proper training to prevent such accidents. In a TBI accident, the employer or other parties, such as contractors, equipment, or parts manufacturers, can face liability for the resulting damages.
Victims of workplace accidents resulting in TBIs may obtain workers’ compensation benefits to cover medical expenses, rehabilitation services, lost income, and temporary or permanent disability.
In some cases, where a third party’s negligence contributed to the accident, the victim may pursue a personal injury claim in addition to their workers’ compensation benefits.
Recreational Activities
Engaging in recreational activities like skiing, snowboarding, skateboarding, or horseback riding can lead to TBIs absent proper safety precautions. Wearing helmets and protective gear, staying within designated areas, and abiding by safety guidelines can help reduce the risk of TBI during recreational activities.
However, some level of risk will always remain. Depending on the circumstances, you can hold property owners, equipment manufacturers, or government entities liable for damages suffered after a TBI accident.
Explosions and Blasts
Explosions and blasts, such as those experienced in combat settings or industrial accidents, can cause TBI due to the forceful impact on the head. The pressure wave generated by the explosion can lead to significant brain trauma.
Depending on the circumstances, victims of explosions or blasts may have legal options to pursue compensation for their injuries, including medical expenses, rehabilitation costs, and emotional distress.
Defective Products
Defective products, such as faulty helmets, car seats, or safety gear, can contribute to traumatic brain injuries. Similarly, a defective airbag in a car can cause head trauma upon deployment.
In situations where a defective product causes a TBI, victims can file a product liability claim against the manufacturer or distributor. These claims argue that the product had a design flaw, manufacturing defect, or lacked proper warnings.
Damages in these cases may include medical expenses, rehabilitation costs, lost income, and emotional distress.
Holding the manufacturers or distributors accountable for these defects is essential for TBI victims seeking compensation. Having a skilled personal injury attorney on your side is the best way to hold these parties liable for your damages.
Medical Negligence
In some cases, TBI can occur as a result of medical negligence, such as surgical errors, medication mistakes, or misdiagnosis. Medical professionals have a duty to provide a standard of care to their patients, and when their negligence leads to TBI, you can hold them accountable for the resulting damages.
TBI victims who believe their injuries were caused by medical negligence should consult an attorney experienced in handling medical malpractice cases.
Understanding the common causes of TBI is important for TBI victims and their families seeking compensation.
Whether it is a motor vehicle accident, a fall, a sports-related injury, an assault, a workplace accident, an explosion, or medical negligence, victims of TBI may have legal recourse to pursue compensation for their injuries and associated damages.
If you or your loved one suffered TBI, seek legal advice from an experienced attorney who can guide you through the legal process and fight for your rights.
The Importance of Seeking Medical Care After Suffering a TBI
Suffering a TBI can change your life, so seek immediate medical care. Even if the injury seems minor, always consult a healthcare professional, as TBIs can have delayed symptoms and complications.
Medical professionals can assess the severity of the injury, provide appropriate treatment, and refer you to specialists if necessary.
Seeking medical care also establishes a documented record of your injury, which can be essential when seeking compensation for your TBI. If you wait to seek medical attention after sustaining a TBI, the liable party’s insurance company may attempt to argue that your injury didn’t result from your accident.
If you want them to take your injury seriously and make your claim easier on you, get medical care right after any accident that can result in a TBI.
Who is Liable for Your TBI?
Determining liability for a TBI depends on the circumstances surrounding the injury. In some cases, multiple parties may share liability. Here are some common parties that you may hold responsible for your TBI:
Negligent Individuals
If your TBI occurred due to the actions or negligence of another individual, they may be held liable. This includes cases involving car accidents, assaults, or sports-related injuries where another person’s actions directly caused your TBI.
Employers
If your TBI occurred in the workplace due to inadequate safety measures, lack of training, or employer negligence, you can hold your employer accountable for the damages. Workers’ compensation laws vary by state, but an experienced personal injury attorney can guide you through the process and protect your rights.
Product Manufacturers
Suppose a defective product, such as a faulty helmet or safety gear, caused your TBI. In that case, you can seek compensation from the manufacturer or distributor. Product liability laws ensure that consumers are protected against dangerous or defective products.
Government Entities
In some cases, TBIs can occur due to the negligence of a government entity. For example, suppose a poorly maintained road caused a car accident resulting in a TBI.
You can hold the responsible government entity liable for your injuries in that case. However, injury claims against government entities have different rules and deadlines.
For instance, many have a shorter filing deadline or statute of limitations. If your TBI claim involves a government entity with a potential liability, consult a skilled personal injury attorney right away.
Seeking Damages in a TBI Case
If you’ve suffered a TBI due to someone else’s negligence, you may be entitled to seek compensation for your damages. It’s common to wonder what your TBI case might recover.
The value of a TBI case depends on medical expenses, loss of income, pain and suffering, and the impact on your quality of life. A personal injury attorney can help evaluate your case and its potential value.
TBI Damages
The damages you can recover in a TBI case include:
- Medical Expenses: This includes past, current, and future medical bills related to your TBI, such as hospitalization, surgeries, medications, rehabilitation, and therapy.
- Lost Income: If your TBI prevents you from working or reduces your earning capacity, you may recover compensation for lost income, including future earning potential.
- Pain and Suffering: TBIs can cause physical and emotional pain, suffering, and a reduced quality of life. You can pursue compensation for these intangible damages in a personal injury lawsuit.
- Rehabilitation and Therapy Costs: Depending on the severity of your TBI, you may require ongoing rehabilitation, therapy, or assistive devices. You can include these costs in your claim for damages.
How a Personal Injury Lawyer Can Help After a TBI
Navigating the legal process after a TBI can be overwhelming, especially when dealing with insurance companies, collecting valuable evidence, and negotiating settlements.
Hiring a personal injury lawyer who understands TBI cases can provide the following benefits:
- Legal Experience: A personal injury attorney has in-depth knowledge of TBI cases, relevant laws, and legal procedures. They can guide you through the legal process, protect your rights, and represent your best interests.
- Evidence Collection: Building a solid case requires thorough investigation and evidence collection. A personal injury lawyer can gather medical records, accident reports, witness statements, and other crucial evidence to support your claim.
- Negotiation and Settlement: Insurance companies often try to settle TBI cases for less than they’re worth. An experienced personal injury lawyer can negotiate with the insurance company on your behalf, ensuring you receive fair compensation for your injuries.
- Litigation Representation: If a fair settlement cannot be reached, a personal injury attorney can take your case to court and represent you during the litigation process. Their experience presenting evidence and arguing your case can significantly improve your chances of a successful outcome.
Did You Suffer a TBI? Contact a Skilled Personal Injury Attorney Today
If you or a loved one has suffered a TBI, now is the time to seek the help of a knowledgeable and experienced personal injury attorney. These attorneys understand the devastating impact of TBIs and are dedicated to helping TBI victims and their families seek the compensation they deserve.
Get a free consultation and learn how a skilled personal injury lawyer can assist you in your case and maximize your compensation.