Traumatic brain injuries (TBI) result from auto accidents, slip-and-falls, or other serious injuries to the head. In many cases, the lives of TBI victims change drastically.
Victims suffer migraines or lose motor functions, and more, depending on the severity of the brain injury. TBI victims or their loved ones should contact an Alaska brain injury lawyer to help them seek justice.
Common Signs of a Traumatic Brain Injury
All head injuries should be treated immediately to avoid potential health complications. Even minor injuries to the head can escalate to serious health issues. Brain injuries are typically difficult to detect, but the following are the common symptoms of TBIs:
- Loss of consciousness;
- Short-term memory problems or general confusion;
- Feelings of numbness in the fingers or toes;
- Headaches, nausea, or dizziness;
- Vision issues; or
- Unusual fatigue.
It’s better to be safe than sorry when dealing with head injuries.
Brain Injury Statistics
Statistics reveal that between 2019 and 2020, 433 people were admitted for brain injury daily. Another study showed that 95% of brain injury victims suffer mild symptoms, such as temporary unconsciousness or dizziness. The rest (5%) suffer either moderate or severe brain injury. A recent study showed that approximately 20,000 people suffer traumatic brain injuries annually.
Traumatic Brain Injury Liability
Brain injuries are subject to personal injury law, so they’re based on negligence. The party liable for your injuries should pay you if you can prove that the injury was caused by their negligence. The following four elements must exist in a valid brain injury claim:
- Duty of care;
- Breach of duty;
- Causation, and
- Damages (loss resulting from the brain injury)
Brain injuries occur in numerous ways, so proving negligence can vary by case. Whatever the cause of a TBI, the plaintiff, their loved ones, or the attorney, must prove the negligence of the other driver by demonstrating the existence of the elements of negligence to the court.
All drivers have a legal obligation to operate their vehicles. For instance, proving negligence in a drunken driving accident is as follows:
- The plaintiff or their representatives should state that the other driver owed the victim a duty of care;
- This duty was breached;
- The breach caused an accident, and
- The plaintiff’s injuries are directly linked to the accident.
In that scenario, the other driver (defendant) will be held liable for the plaintiff’s brain injury.
Challenges of Proving Traumatic Brain Injury
Sadly, it can be difficult to prove a brain injury even exists in the first place. Why? The symptoms of TBI may not manifest immediately. Symptoms can show after days, months, and even years.
Many TBI victims lose compensation thanks to the difficulties of proving their claims, exposing them to financial challenges. Fortunately, a personal injury lawyer specializing in brain injury can help prove your case, ensure you get the right medication, and recover damages for your suffering.
Diagnosing Traumatic Brain Injury
Brain injury diagnosis is difficult, which further complicates brain injury claims. However, imaging technology has advanced rapidly in the recent past.
While this advancement is a plus and a benefit to TBI victims, it can also hurt their cases. Modalities like MRI and CT scans can reliably detect the existence of a brain injury. They can also show abnormal patterns of brain activity, such as irregular blood flow.
Unfortunately, these technologies are not sophisticated enough to address more subtle forms of TBI or predict when symptoms will manifest. Consequently, evidence based on current medical technologies can be successfully challenged in court. Insurance companies also question such pieces of evidence, so it’s better to consider other alternatives.
Seeking Legal Help
Traumatic brain injury victims may need to hire the services of a brain injury attorney for legal counsel and to help them pursue an injury claim. Personal injury attorneys collaborate with medical professionals and brain experts in this case.
Brain experts help TBI victims get the much-needed cognitive testing, document the treatment and injuries, and act as potential witnesses. A lawyer can also help you in the following ways:
- Offering legal representation;
- Negotiate a fair settlement with the defendant or insurance companies;
- Filing your case;
- Appealing seemingly unfair verdicts;
- Collecting evidence;
- Calculating the worth of your claim;
- Documenting your recovery process, and more.
Damages of Traumatic Brain Injury
Many people think that TBI victims only receive general damages for bodily injuries. They can also recover special damages, such as compensation for lost earnings, and loss of enjoyment of life.
Spouses of TBI victims can recover damages for loss of consortium in the event of death. General damages for pain, suffering, and loss of amenity— PSLA, are divided into two categories; severe brain damage and moderately severe brain damage.
Victims of severe TBIs require substantial care and dependence on others. Consequently, the damages will likely be higher than those of moderately severe TBIs.
