Brain Injury Law

Brain injuries can happen suddenly and may change a person’s life forever. You may not be able to think or remember information as well as you could before the injury. A brain injury can also affect your movement, senses, and bodily functions. These effects might make returning to your job impossible.

This article provides a broad overview of brain injuries and the challenges they pose. To get help with a specific brain damage case, talk to a personal injury attorney about your legal options.

What Is a Brain Injury?

Brain damage refers to the destruction or degeneration of brain cells. When someone says”brain injury,”they could be talking about different things.

A traumatic brain injury (TBI) occurs when an external force suddenly moves, hits, or pierces the head. An acquired brain injury (ABI) is a broader category that can also include damage from strokes, tumors, and severe infections.

Brain injuries can be open or closed. An open injury involves a skull fracture, while a closed injury does not.

The main types of brain injuries include:

• Open-wound head injury, which may involve a puncture wound or blunt-force bone fracture
• Diffuse axonal injury, which is when the head shakes or rotates rapidly
• Concussions, which are relatively mild damage to part of the brain’s function
• Hematoma or hemorrhage, which is bleeding in or around the brain
• Cerebral hypoxia or anoxia, which is when an injury deprives oxygen to the brain

These injuries range in severity. No matter the type, these injuries can cause a lot of physical pain and enduring issues for the person who got hurt.

Causes of Brain Injuries

Common causes of brain and head trauma include:

• Car accidents
• Motorcycle accidents
• Slip-and-fall accidents
• Pedestrian accidents
• Truck accidents
• Medical malpractice
• Assault and battery
• Sports injuries

In many of these accidents, someone’s intentional or negligent act contributed to the injury. For example, the at-fault driver in a motor vehicle accident may be liable for the other person’s brain injury.

Symptoms and Effects

Brain injuries can severely affect a person’s brain function. After a brain injury, some parts of the brain might not work like they used to.

Symptoms of a brain injury might include:

• Loss of consciousness: Some victims of serious brain injuries might go into a coma
• Memory loss: It can be hard for TBI victims to remember things
• Mood swings: A person who has suffered a TBI may feel happy one moment and sad the next
• Depression or anxiety: Some people develop new mental health conditions after a brain injury
• Numbness: Nerves or areas of the brain that process sensations may suffer serious damage
• Impairment or paralysis: Brain injury victims may find it tough to speak, think, or move
• Personality changes: An injury can affect parts of the brain that shape the person’s personality and general demeanor

Severe brain damage can lead to a temporary or permanent disability.

Medical Care for Brain Injuries

Brain injuries are medical emergencies. You or your loved one should get medical attention immediately.

Medical professionals may conduct scans and other tests to understand the full scope of the damage. In severe cases, they might begin an urgent brain surgery. They can also explain the options for further medical treatment. Physical therapy, counseling, or cognitive testing can also be helpful for recovery.

Medical expenses for brain injuries can add up quickly, but you shouldn’t skip any essential medical care because you’re worried about the costs.

In certain situations, patients or their families can seek compensation for these costs through a legal claim. Medical care can also help support your case with evidence. During the recovery, try to keep medical bills organized and file claims with insurance companies promptly.

Legal Options for Brain Injury Cases

A brain injury may be the result of someone else’s negligence. You may seek justice under personal injury law. Brain injury claims are often part of auto accident or premises liability cases, depending on the cause of the injury.

Whether through insurance claims or a personal injury case, compensation can account for losses and needs like:

• Pain and suffering
• Loss of earning capacity
• Improvements for your quality of life

Submit Insurance Claims

Your health insurance policy may cover the medical care you or your loved one needs. You’ll need to check the policy coverage and limits. If someone else caused the injury, such as in a car accident, you might file a claim with their insurance company.

The policy might not cover certain treatment options or out-of-network medical facilities. It might also cap the amount it pays for some types of treatment, especially if you need long-term rehabilitation or therapy.

Even when a policy suggests your care will be covered, the insurer might wrongfully deny your claim. A denial can begin a frustrating fight to get the coverage you paid for.

Dealing with insurance companies can be hard. A traumatic brain injury lawyer can help make sure they play fair. Patients and their families may find it helpful to outsource the work of insurance disputes to their attorney. Legal support can let them focus on the recovery process or their grief.

File a Personal Injury Claim

Insurance often can’t cover all the losses from a brain injury. If someone else caused the injury, you could also file a personal injury claim.

When someone experiences severe brain damage, it’s not just about physical pain. It can be life-changing in many different ways. In a brain injury lawsuit, you can seek financial compensation that more accurately accounts for these losses.

For example, people with brain injuries often need time away from work. Some aren’t able to return to the same job or career they had before the accident. Mental trauma, physical disabilities, or cognitive impairments could affect their ability to earn an income.

Your personal injury lawyer can add up the various damages in your case. To seek money for the full extent of damages, you can start a lawsuit against the person who caused the accident or brain injury.

Some cases end in a settlement without going to court, which helps secure compensation faster with less risk. Other cases go to trial. If a brain injury claim is successful, the judge may award full compensation for damages.

File a Wrongful Death Lawsuit

Many brain injuries are fatal. If the brain injury led to a tragic loss, you might pursue a wrongful death claim. These cases are similar to personal injury lawsuits but have a few differences.

This type of case can provide compensation for the loss of your family member. Due to the severity of losing a life, wrongful death cases tend to involve a higher amount of money.

State laws name whether specific people, like the decedent’s spouse or children, have a right to sue directly. Otherwise, the plaintiff in these cases is usually the personal representative of the estate. They may also file a survival action.

State laws vary in how wrongful death awards are distributed. The structure of an award can make a big difference if your loved one needed expensive medical care for the brain injury before their death. Some courts may award compensation to heirs and beneficiaries rather than the estate itself. That way, creditors to the estate can’t claim it. An attorney can explain how compensation would work in your specific situation.

There are also times limits for filing brain injury lawsuits. Known as statutes of limitations, they vary by state and type of lawsuit. If the statute of limitations expires before you file a lawsuit, the court will not allow you to continue.

Speak to a Traumatic Brain Injury Attorney

Brain injuries, such as TBIs, are more than just medical conditions. They can transform an accident victim’s life. By seeking both medical and legal support, you or your loved one can get the best chance at recovery and justice.

This article is no substitute for professional advice. Always consult with medical professionals and personal injury attorneys for personalized guidance. Some accident lawyers offer free case evaluations to help you estimate the strength of your injury claim.