Brain injuries caused by an accident, even the most minor brain injuries, can have a serious impact on the lives of both the victim and their loved ones. Depending on the nature of the injury, the long-term side effects, and the nature of care the victim requires — both short-term and ongoing — can amount to costly treatment and a significant decrease in their earning capacities. These injuries have intangible effects that can manifest themselves days, weeks, or even years following the accident, and working with a legal professional who understands these latent impacts is an important step to ensure you are recovering the appropriate damages for your situation; however, finding an attorney in the early days after a serious accident that causes brain injuries can seem low on your list of priorities — which is why 1-800-Injured is here to help.
If someone else caused the accident that the brain injuries were sustained during, this creates a “tort liability,” which entitles the victim to seek compensation from the responsible party or their representative insurance company. The first step in a tort claim is to prove liability and responsibility for the accident, and once established, to determine the compensation the victim is owed.
This work is best suited for a personal injury attorney, who spends their professional life fighting on behalf of personal injury victims. Insurance companies are unlikely to pay a victim the money they are rightfully owed, which is why victims deserve experienced representation.
Contact 1-800-Injured For a Free Consultation
The attorneys in our network offer a free initial consultation to the victims of brain injuries and their families. We can connect the victim to a personal injury lawyer in their area as soon as possible. This one consultation can replace a number of individual consultations you would otherwise need to interview numerous personal injury law firms on your own. It will save you valuable time and give you the mental space you need to focus on your priorities. Once you are partnered with an attorney, you can be confident there is someone who is focusing on your case and fighting to get you the money you deserve. The process of simply filing an insurance claim is easy enough, but the process of actually getting what you are entitled to is far more complex — and a process best left to a lawyer.
1-800-Injured is an attorney and medical referral service. You will be able to focus on the pressing matters at hand — your health, your personal life, and your professional responsibilities — while we connect you with an experienced, diligent personal injury attorney in your area. Victims tend to overlook their legal issues following an accident, and hiring an attorney may be a second thought because of urgent issues like medical care, work, and insurance claims. Since there is no requirement to hire an attorney — as there is a requirement to file an insurance claim and go to work — many people do not realize the importance of doing so.
Take a look below to get a better sense of how brain injuries are handled in personal injury cases, as well as some specific information on certain types of brain injuries and common causes of brain injuries in personal injury cases. While none of the information below is meant to be wholly-encompassing, it is meant to give you a better idea of how these situations are handled as tort claims. Read more below to get a general sense of brain injury insurance claims and lawsuits, and contact us as soon as possible to take one of the most important steps for your accident.
Common Causes of Brain Injuries
The following causes are specifically in regards to personal injury cases, as there are countless causes of brain injuries that can be medical in nature and may not apply to a civil tort case. In addition, keep in mind that this list is limited, and the range of possible incidents that warrant a civil case is diverse and unique. Whether or not you see a cause resembling your own experience below, contact 1-800-Injured as soon as possible to get started on your case today.
As you can imagine, car accidents are a significant cause of traumatic brain injuries as the passengers are knocked back and forth during the impact, often striking the window, car frame, or other hard objects with their head regardless of whether or not the airbag is deployed. TBIs can be even more dangerous when someone is not buckled up, which is why wearing a seatbelt is so important.
Slip and fall accidents are commonly caused by things like wet floors, broken handrails, or icy walkways in colder climates, but there are many ways someone can slip, trip, and fall on someone else’s property. These types of accidents are known as premises liability cases and victims can seek compensation from the property owner for their failure to maintain a safe property.
Many people overlook the fact that a criminal act such as an assault is as much a civil issue as a criminal issue, and entitles the victim to seek compensation for all measurable damages caused by the assailant’s dangerous behavior.
Doctors and medical professionals have a duty to provide comprehensive and reasonable care to their patients, including using accepted practices to minimize unnecessary risks. While most uphold this duty throughout their careers, others may fail their duty by providing bad medical advice, misprescribing medications, making surgical errors, or in a number of other ways.
Motorcycles are popular alternatives to cars and are commonly seen on the roads in warmer weather. While these vehicles are exciting and economical, one of the biggest issues is the fact that motorcycle drivers and passengers are not afforded the same structural protections as people in cars and trucks, which leads to a significantly higher risk of serious injury in a crash, including traumatic brain injuries.
Product designers, manufacturers, and distributors have an obligation to their customers to provide clear instructions of safe use, as well as a product that will perform as expected. This means that products must go through rigorous quality inspections before leaving a factory, as well as the countless design iterations to ensure they are safe for use. If you or a loved one has been injured due to a product failing to work as expected, you may be entitled to seek compensation from one of the parties along the supply chain.
Common Signs of a Brain Injury
As you read the following signs of brain injuries, remember that this list is not exhaustive. If you notice anything “off” about a victim following an accident, contact a doctor as soon as possible to ensure that the victim gets the necessary medical examinations and appropriate treatment. While many brain injuries in personal injury cases stem from obvious incidents such as car crashes, slips and falls, or assaults, there are a number of other possible causes, like prescription errors, premise liability issues like faulty carbon monoxide detectors, and more.
Loss of Consciousness
One of the first things that doctors review when examining a patient for a traumatic brain injury is whether or not the victim ever lost consciousness. However, loss of consciousness is not required to indicate a brain injury, although if the victim did lose consciousness, doctors can learn a lot about the severity of the injury by determining the length of time they were out.
Another very common effect of a brain injury is nausea, either alongside dizziness or as a standalone symptom. If the victim is either vomiting or feels as if they may vomit, this could be an indication they have suffered a brain injury following an accident and should be treated as such.
Victims of brain injuries often report confusion in the form of trouble remembering important details, difficulty keeping focused, or a general fogginess or haze in their thoughts. Even mild confusion should be taken seriously, and the victim’s doctor should be alerted immediately so a brain scan and a recovery plan can be put into action immediately.
Victims of brain injuries may tend to lose their thought halfway through a sentence, wander away from a task, or forget why they walked into a room. While many of us experience these symptoms in our daily lives, an increase of difficulty concentrating should be treated very seriously — especially following an accident.
Lethargy or Exhaustion
When a victim of an accident complains of ongoing exhaustion and fatigue, even if they are getting the same amount of sleep as normal — or more — it may be an indication they are suffering from the effects of a brain injury. However, it is common for someone to be exhausted after suffering other types of injuries in an accident, as well, which is another reason why it is so important to see a doctor following an accident for a comprehensive check.
Dizziness or Vertigo
If a victim finds that they are dealing with either ongoing or intermittent dizziness or feelings of vertigo, it is important they see their doctor as soon as possible. Even if these issues are not ultimately tied to a brain injury, these symptoms can indicate a range of issues that require medical attention, and if not related to a concussion may be treated with medication.
Problems With Speech
Victims of brain injuries often have difficulty forming sentences, and may even have trouble forming words with their mouth. Slurred speech, forgetting words, or difficulty enunciating can be an indication that there is an issue with the brain and may be caused by a stroke or a traumatic brain injury.
One of the oft-overlooked symptoms of a traumatic brain injury is a change in mood and personality, which could present as emotional outbursts, unpredictable mood swings, and depression. The sooner the TBI is identified, the sooner the victim can start getting meaningful treatment and get their emotions back to “normal.”
Frequently Asked Questions About Brain Injuries
The following are just a few of the most common questions an attorney will answer during initial consultations. Keep in mind that the answers provided below are not meant to give you a specific answer to your own question, but are meant to give you an idea of how an attorney might answer questions about your own situation. Contact 1-800-Injured now to get in touch with a lawyer as soon as possible.
Should I accept the insurance company’s first offer?
It is extremely likely that the insurance company will make a low offer for an initial settlement, which you should not accept until you consult with an attorney. Your lawyer will be able to use this initial offer as a starting point for negotiations, where they will fight to get you the money you truly deserve.
How much is my brain injury case worth?
In order to determine how much a specific personal injury case is worth, an attorney will need to take a close look at the entire range of factors including the medical costs accrued, impacts to income, as well as a long list of other damages.
How long will it take to settle my case?
Some cases can be settled in a matter of weeks, while others may take years to be resolved completely. Regardless of the way your own case goes, your attorney will be able to help you find access to funding that can help you as you wait for a settlement. They can also give you better insight into what you should really be expecting as your case goes on.
Will I need to go to court?
It can be comforting to know that a small percentage of personal injury claims ever make it to court, but statistics are no guarantee for your own situation. Depending on the specifics of your accident, your attorney may find it beneficial to go straight to court, especially if they believe you are entitled to punitive damages (which are only awarded by a judge or jury, and will not be included in your out-of-court settlement negotiations.
Contact 1-800-Injured Now To Connect With an Attorney
Remember: the sooner you are working with an attorney, the sooner you can focus on your personal needs without the added stress of your legal issues. Stress is shown to have a significant and lasting impact on recovery from physical injuries, meaning that your attorney may help you in more ways than you originally expect. However, you will need to take the first step before we are able to go through the heavy lifting of actually connecting you with an attorney in your area who is ready and willing to take your case.