What You Need to Know Before Filing a Personal Injury Claim for TBI
Traumatic brain injury (TBI) happens unexpectedly. Thousands of people suffer from TBI every year due to motor vehicle accidents, medical malpractice, workplace accidents, and other negligent acts.
Depending on the severity of the TBI and other factors, victims may experience physical impairments, cognitive-behavioral impairment, weakened motor functions, and emotional trauma.
A TBI can also result in financial burden for medical care, loss of earnings, loss of income due to loss of ability to work, and non-economic damages such as loss of enjoyment that change the life of the victim.
If you or a loved one are coping with the aftermath of a TBI due to someone else’s negligence, you may be entitled to monetary compensation through a personal injury lawsuit.
To file a personal injury claim for TBI caused by another party’s negligence or recklessness, there are some important points that you should know beforehand to build a strong case.
This article has essential information on what you need to know before taking legal action.
Understanding TBIs
Traumatic Brain Injury (TBI) is a type of acquired brain injury caused by a sudden, external force on an individual’s head. It can result from an open or closed head injury, which disrupts the brain’s normal functioning.
The effects of TBI are varied and often dependent on the severity, location, and timing of the trauma. Symptoms may range from mild headaches or cognitive deficits to physical handicaps and/or severe mental health impairments. While some individuals have successful outcomes after experiencing a TBI, in many cases, persons with TBI can face long-term challenges in self-management and life functioning.
There are two broad types of TBIs
- Penetrating Traumatic Brain Injury (TBI), also known as open TBI, occurs when an object pierces the skull. Common causes include bullets such as a gunshot wound, shrapnel, bone fragments, or weapons such as a hammer or knife. This damages only part of the brain tissue.
- Also referred to as closed head injury or blunt TBI, a Non-Penetrating TBI occurs when an external force is powerful enough to cause the brain to move within the skull. This force can manifest in the form of falls, motor vehicle crashes, sports injuries, blast injuries, or object striking.
Some accidents such as explosions, natural disasters, or other extreme incidents can cause both penetrating and non-penetrating traumatic brain injury in the same person.
Signs and Symptoms of a TBI
Seek immediate medical attention if you experience any of the following physical, cognitive-behavioral impairment, or sensory symptoms, especially within the first 24 hours after a TBI:
Physical
- Headache
- Convulsions or seizures
- Blurred or double vision
- Unequal eye pupil size or dilated pupils
- Clear fluids draining from the nose or ears
- Nausea and vomiting
- Slurred speech; weakness of arms, legs, or face; loss of balance
Cognitive/Behavioral
- Loss of consciousness, anywhere from a few seconds to a few hours
- Decreased level of consciousness (e.g., hard to awaken)
- Mild to profound confusion or disorientation
- Problems remembering, concentrating, or making decisions
- Changes in sleep patterns (e.g., sleeping more, difficulty falling or staying asleep); inability to waken from sleep
- Frustration, irritability
Perception/Sensation
- Light-headedness, dizziness, vertigo, or loss of balance or coordination
- Blurred vision
- Hearing problems, such as ringing in the ears
- Bad taste in the mouth
- Sensitivity to light or sound
- Mood changes or swings, agitation, combativeness, or other unusual behavior
- Feeling anxious or depressed
- Fatigue or drowsiness; a lack of energy or motivation
Headache, dizziness, confusion, and fatigue tend to start immediately after an injury but resolve over time. During the recovery process, it is common to experience emotional responses such as frustration and irritability. If you or someone you love is experiencing some of these symptoms, it is crucial to search for professional help.
Suffering from TBI Symptoms after an accident?
Types of Personal Injury Claims for TBIs
Traumatic Brain Injuries (TBIs) can arise from numerous sources, including automobile accidents, slip and fall accidents, sport-related injuries, and medical malpractice. These catastrophic injuries can have long-term effects on the victims and their families, ranging from emotional distress to financial hardships. This complex magnitude of impact leading to a TBI can lead to additional stress, which may impede patient recovery.
A head injury claim is often filed to seek financial compensation for the damages incurred due to the injury. It is also filed to help the victim cover actual and future medical expenses for the TBI.
Some of the most common brain injury claims for TBIs are:
Auto or motorcycle accident claim
Auto accidents or motorcycle crashes are common causes of TBI and can result in severe brain injuries. When a TBI occurs due to a motorcycle or automobile accident, brain injury victims may be entitled to fair compensation for their injuries.
To pursue a personal injury claim for TBI, it is crucial to have legal assistance by your side. An experienced lawyer in TBIs can help you understand the legal proceedings and better options for your head injury claim.
Medical malpractice
Medical malpractice can also result in TBIs when healthcare providers fail to provide appropriate care or make mistakes during medical procedures. Some examples of these terrific TBIs are surgical errors, misdiagnosis or delayed diagnosis of a condition, anesthesia errors, and medication errors. When a person suffers a TBI caused by malpractice, it is possible to file a personal injury claim.
Product Liability
These kinds of claims can arise when a product is defective and causes harm to a consumer. In cases of a traumatic brain injury, a product liability claim may be brought against a manufacturer or distributor if a product was defectively designed or manufactured, and the defect caused or contribute to the TBI. This could include products such as safety equipment, sports equipment, or even vehicles.
Slip and Fall Accidents
Slips and falls are one of the most common accidents that can cause a TBI, mostly if the impact was severe. If a slip and fall accident was caused by someone else’s negligence, the injured person may be able to pursue a personal injury claim for TBI.
Wrongful Death
In the case that the accident by a third negligence party caused a TBI that ended up in the wrongful death of the victim, the family of the victim can pursue a wrongful death claim.
Other types of traumatic brain injury cases include, but are not limited to:
- nursing home abuse or neglect;
- aviation and boating accidents;
- animal and dog bites;
- brain, birth, burn, and spinal cord injuries;
- other catastrophic accidents and injuries;
- food poisoning;
- asbestos exposure and mesothelioma;
- legal malpractice.
Process of Filing a Personal Injury Claim for a TBI
Suppose you or a loved one has been struggling after an accident that caused a TBI. In this case, you must seek assistance and legal representation from an experienced brain injury lawyer. A personal injury claim for TBI can be a complex process that involves various legal and medical aspects.
To pursue a personal injury claim related to traumatic brain injury, the following steps should be followed:
1. Seek prompt medical evaluation.
2. Gather all relevant evidence and supporting documentation for your TBI injuries.
3. Calculate the estimated cost of your actual and future damages associated with the accident, including lost earnings, mental anguish, and physical pain and suffering.
4. Contact a personal injury attorney to pursue a legal claim against the at-fault party’s insurer or file a lawsuit in civil court against the responsible party for negligence that caused your TBI injuries.
5. Negotiate with the insurer or defendant to get appropriate compensation for your mental and/or physical damages sustained in the accident as a result of a TBI injury.
6. Monitor your physical recovery and document any changes in symptoms or intensity over time related to the TBI suffered in the accident.
Why It’s Important to Have an Experienced Lawyer By Your Side
Having an experienced brain injury attorney by your side to negotiate your personal injury claim is crucial. A seasoned personal injury lawyer is familiar with court proceedings and has the experience to know what evidence needs to be presented to get the most favorable outcome possible.
A brain injury attorney can also provide valuable guidance when it comes to understanding the legal process and can advise you on how best to handle any negotiations that may arise.
Additionally, they are in a better position to advocate on your behalf while protecting your rights and interests throughout the claims process.
How your personal injury lawyer can negotiate your claim for TBI
1. Evaluate Your Injury: A lawyer will assess the extent of your injury, including the nature and severity, to negotiate a fair settlement.
2. Submit Medical Bills: Have all your medical records and documents ready when negotiating a settlement.
3. Investigate the Accident Scene and File Reports: Documenting any evidence, such as witness statements and property damage, can help strengthen your TBI claim.
4. Gather Relevant Evidence: Assembling all relevant evidence related to the accident is critical for determining liability and establishing grounds for a claim.
5. Research Previous Settlements/Awards: Investigating past financial compensation amounts and settlements related to similar cases can give you an idea of what kind of compensation you may be entitled to in your case.
6. Argue Liability for the Accident: Establishing who was liable for your head injury is essential so that the responsible party can be held accountable for their negligence or wrongful actions that caused you harm.
7. Create a Settlement Proposal: After comprehensive research and evaluation of the information gathered, your personal injury attorney can create a strong settlement proposal based on liability and losses from your head injury.
8. Negotiate With Insurance Company/Defendants: An experienced TBI lawyer will skillfully argue with defendant insurance companies to win you the maximum possible award or settlement amount for your suffering due to personal injury claims resulting from traumatic brain injuries (TBI).
Get Help From An Award-Winning Legal Team
The Brain Injury Help Center provides support, legal resources, and health information for TBI victims.
As a professional center dedicated to providing hope and support for those suffering traumatic brain injuries, we encourage the patients to recover to their life as the independent and functional individuals they deserve to be. We trust in the power of healing, and we are here to help TBI victims all the way through their rehabilitation process.
We will fight for you, so all you need to do is focus on your recovery.
If you or someone you love is dealing with a traumatic brain injury following an accident or due to somebody else’s fault, contact the Brain Injury Help Center at (866) 576-0936 for a free consultation.
