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Whether it’s from a car accident or suffering a slip and fall, a traumatic brain injury is typically permanent and life-altering. From cognitive issues to emotional and financial hardships, this type of catastrophic injury can have a significant, negative impact on the victim and their entire family.
Traumatic brain injuries are among the most severe personal injury claims. Following a TBI, a person needs immediate and, likely, long-term care and medical treatment. In most cases, brain injuries may result in permanent disability and impairment.
At Mathias Raphael PLLC Accident & Injury Lawyers, our experienced brain injury attorneys are ready to help victims of brain injuries and their families. We understand the common causes, symptoms, and recoverable damages following a head injury. The firm has an established track record of representing clients in devastating personal injury cases, and it is our goal for a client to be comfortable with the process and the legal system before committing to legal representation. We possess comprehensive knowledge of the Texas legal system and court processes in order to fight for you while you recover the best you possibly can.
Call today for a free and confidential case evaluation.
The term “traumatic brain injury” is a catch-all term used to describe many injuries that can happen to the brain. Unfortunately, these injuries exhibit few noticeable symptoms. This is how and why brain injuries often go undetected and progressively worsen over time.
The brain can sustain injury following a sudden jolt or force to the head. The severity of an injury can range from mild to severe.
Injuries to the brain can be described as primary or secondary. Primary injuries are complete at the time of the trauma, like in a fall or in an accident. It is the secondary injuries that go undetected as changes occur in the tissue, blood vessels and chemicals over time.
Like other personal injury claims, brain injuries result from a negligent or an intentional act of another. The common causes of brain injuries are:
Brain injuries from accidents can occur at high and low speeds and from falls at high and low heights.
When the term “negligence” is used, this means the other person had no intention of causing injury to another, like an accident. The term “intentional” means there was malice and intent to cause injury, like during an assault. Intentional acts come with criminal charges, and these charges are separate and apart from the lawsuits brought on the civil side. Negligent acts are not intentional, and these lawsuits remain at the civil level.
Traumatic brain injuries may be classified as “open” or “closed,” depending on the severity of the injury. An open injury happens when the skull suffers a fracture that may expose the brain, while a closed injury doesn’t involve an open wound, but involves blood clots and brain swelling within the skull. This kind of brain damage is often debilitating, and associated with long-term physical and mental disabilities, profoundly affecting the victim and their family’s quality of life.
Common symptoms of brain injuries include the following:
The symptoms a person can experience are specific to the circumstances of the accident. Medical attention should be sought immediately if any of these symptoms become known after an accident resulting in a blunt force to the head.
Long-Term Effects of Brain Injuries
The location of the trauma to the head will determine the lasting, and often permanent, effects upon a person. If the impact occurred at the frontal lobe, then the effects can hinder:
These effects can lead to dangerous behavior.
Impacts to the left side of the head can affect:
Injuries to the right side of the head can cause problems with:
The necessary medical and rehabilitative care following a traumatic brain injury can be extensive and lifelong. These injuries take their toll upon the victim and the supporting family members. The costs and the experience of these are known as damages, and these damages are compensable.
When a person sustains an injury resulting from the act of another, then the injured party has the right to seek a damage award from the person responsible for the accident.
There are two categories of damage that an injured party can seek: economic and non-economic. It is the intent of a damage award to place the injured party back to a comparable financial position as though the accident did not occur.
Economic damages are the out-of-pocket costs and expenses resulting from the injury. This can include lost wages, property damage, reduced earning capacity, and healthcare costs and medical treatment. These expenses are proven with tangible written evidence like receipts, pay stubs, and estimates for property damage.
The non-economic damages cannot be proven with tangible evidence, but these damages are real and have value. These damages are the emotional and psychological pain suffered by the injured party. The presence of this type of suffering is supported by personal journals and the testimony of expert witnesses. It will take the expertise of an experienced personal injury attorney to assess the value of non-economic damages.
The damages in both categories can include:
There is another category of damages called punitive damages. However, punitive damages are rarely awarded in a personal injury claim unless an intentional act is proven. The intent of this damage award is to punish the party responsible as opposed to compensating the victim.
It is the total value of the economic and non-economic damages that comprise the value of a claim. The award of the damages listed above are to compensate the injured party for suffering and financial loss. Properly valuing a brain injury claims is incredibly important because the lifetime costs associated are significant. As an accident victim, you only get one chance at financial recovery. If you accept a settlement offer that is inadequate for your needs, you cannot come back later and ask for more. Your attorney must fully understand the extent of your injury, what your current and future medical needs will be, and accurately calculate what financial compensation you need to be made whole.
We understand that there is no amount of compensation that can place the injured party back to the position prior to the accident. A lawsuit or settlement can, however, provide the funds needed to pay for medical treatment and to move forward.
If you have suffered a traumatic brain injury, your life may never return to normal again. That is why our Dallas personal injury attorney is dedicated to helping you recover damages for you to help get the most comprehensive medical attention and treatment necessary without spending money out of your pocket. We are dedicated to protecting your rights. Do not hesitate to get started on your case with us now.
Contact our firm and request a free case evaluation today.
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