Every year, countless individuals find their lives forever altered by traumatic brain injuries (TBI), often as a result of accidents that could have been prevented. A TBI occurs when the brain sustains damage due to an external force. This force could be the result of a blow, jolt, or penetrating injury to the head, causing disruption to normal brain function.
TBIs, ranging from mild concussions to severe impairments, can lead to devastating consequences, not only impact the victim’s body, but affect their families and their economy. When these injuries result from accidents caused by another party’s negligence, victims may be entitled to compensation for their damages through legal recourse.
In this article, we’ll delve into the types of damages TBI victims can pursue and the legal avenues available.
Common Accidents Leading to TBI
TBIs are dangerous injuries that can affect the life of their victims significantly. From accidents, negligence actions and intentional misconduct, traumatic brain injuries can occur for diverse reasons:
- Motor vehicle accidents: Collisions involving cars, trucks, motorcycles, or pedestrians frequently result in TBI due to the force of impact or secondary injuries from ejection or striking objects within the vehicle.
- Slip and fall accidents: Falls are a leading cause of TBI, particularly among older adults and young children. Slippery surfaces, uneven terrain, or obstacles in walkways can lead to head trauma.
- Sports injuries: Participation in contact sports, such as football, soccer, or hockey, increases the risk of TBI due to collisions, falls, or direct blows to the head.
- Workplace accidents: Industries such as construction, manufacturing, and agriculture pose significant risk of TBI from falls, equipment malfunctions, or exposure to hazardous materials.
- Recreational accidents: Engaging in recreational activities such as biking, skateboarding, or riding ATVs carries a risk of TBI from falls and collisions. Additionally, activities such as hiking, swimming, or horseback riding can lead to head trauma if safety precautions are not followed.
These common accidents underscore the importance of preventing injuries and advocating for safety measures in various settings. Increased awareness, education, and adherence to safety guidelines can help reduce the incidence of traumatic brain injuries in everyday life.
Type Of Damages TBI Victims Can Recover
When individuals suffer a traumatic brain injury(TBI) due to accidents caused by someone else’s negligence, they often face a multitude of challenges that extend far beyond the physical injury itself. In seeking legal recourse, TBI victims can pursue various types of damages to address the comprehensive impact of their injury:
- Medical expenses: TBI treatment often requires extensive medical care, including emergency services, hospitalization, surgery, rehabilitation, medication, and ongoing therapy. Compensation for medical expenses covers past and future costs associated with diagnosis, treatment, and managing a TBI.
- Lost wages: TBI victims may experience temporary or permanent disability, preventing them from working and earning income. Lost wages monetary compensation encompasses both the wages lost during recovery and the future earnings that the victim would have earned if not for the injury.
- Pain and suffering: TBI can cause physical pain, emotional distress, and mental anguish, significantly impacting the victim’s quality of life. This compensation seeks to address the non-economic damages experienced by the victim, including physical discomfort, psychological trauma, and loss of enjoyment of life.
- Loss of consortium: Spouses or family members of the TBI victim may suffer a loss of companionship, support, and intimacy as a result of the injury. Compensatory damages for loss of consortium aim to compensate for the impact of the injury on familial relationships and emotional well-being.
- Punitive Damages: In cases involving egregious misconduct or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.
How to Calculate TBI Damages?
Calculating damages in TBI cases involves a thorough assessment of both tangible and intangible losses. In California, the calculation of damages follows guidelines outlined in the California Civil Jury Instructions (CACI) for personal injury cases and there are several factors that musty be considered:
1. Negligence: Plaintiff must establish that defendant’s negligent actions or failure to act directly caused the accident and resulting TBI.
2. Causation: It must be demonstrated that the TBI was a direct result of the accident and not attributable to pre-existing conditions or subsequent events.
3. Comparative fault: California employs a comparative fault system, whereby damages may be reduced if the plaintiff is found partially responsible for the accident.
The CACI damages for personal injury provides a thoughtful calculation of TBI damages, however, this calculation requires careful consideration of various factors, including the severity of the injury, the extent of medical treatment required, the impact on the victim’s daily life and future prospects, and relevant legal precedents.
California law imposes limitations for personal injury cases, such as the statute of limitations, which sets a time limit for filing a claim. To assess damages and seek fair compensation, the assistance of a personal injury lawyer is paramount.
Conclusion
Traumatic Brain Injury can have devastating consequences for victims and their families, affecting every aspect of their lives. Pursuing legal recourse to obtain compensation for damages is essential in addressing the financial, emotional, and physical burdens associated with TBI.
If you or a loved one has suffered TBI due to another party’s negligence, seeking legal assistance is crucial in navigating the complexities of personal injury law and obtaining the compensation you deserve.
Contact the Brain Injury Help Center for a free consultation. We can get you the best treatment for your TBI and the money you deserve.
