What Are My Legal Options if I’ve Suffered a Traumatic Brain Injury?

The human brain is the most complex organ known to science, which is why suffering even a modest head injury can have devastating impacts. If you are the victim of a traumatic brain injury, it is imperative to discuss your legal options with a Vero Beach injury lawyer. The following blog explores how these injuries happen, the damages you can recover, and the steps you can take to help your claim.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) occurs when someone suffers a blow to the head or a sudden change in velocity or direction of travel. This force causes the brain to move inside the skull, colliding with the interior wall of the skull, and ultimately causing serious damage. TBI is distinct from anoxic brain injury, which is caused by lack of oxygen rather than physical trauma.

The most common form of traumatic brain injury is a concussion, though there are many different types of trauma the brain can suffer, such as diffuse axonal injury, hematoma, or penetrating injuries. These injuries all carry long-term cognitive effects that can result in memory issues, difficulty regulating mood, issues with motor skills, and an overall decrease in the quality of life of a victim.

While most people associate TBIs with sports, it’s important to understand that anyone can sustain a traumatic brain injury. These injuries are common in accidents like slips and falls and car crashes. However, being struck by objects, like falling merchandise in a retail store or an improperly hung sign in a restaurant, can also result in a TBI.

A traumatic brain injury can occur without direct trauma to the head. For example, the rapid forward and backwards or side-to-side motion of the human head during a motor vehicle impact is well-recognized as a potential cause of TBI.

What Damages Can I Recover as a Victim?

If you are a victim of an accident in which you sustained a TBI due to the negligence of another, it’s important to understand that you likely do not have to bear the financial burden of this injury alone. In the event the injury was caused by the negligent actions of another person, you will be eligible to file a claim to recover compensation.

Typically, you can seek two kinds of damages – economic and non-economic damages. Economic damages represent any loss that has an associated financial value attached, like medical bills or lost wages if you are unable to work while healing. However, TBIs often result in substantial non-economic damages, what we sometimes describe as the human losses such as emotional distress. This means you can recover compensation for issues like depression, anxiety, PTSD, loss of enjoyment of life, and decreased quality of life.

What Evidence Do I Need to File a Successful Claim?

Filing a claim when you have suffered a brain injury due to the actions of a negligent person can be incredibly overwhelming. As such, understanding the steps you should take to file a successful claim for compensation is critical.

Following the accident, the most important thing you can do is seek medical care. Unfortunately, for some injuries, including concussions and other forms of TBI, symptoms set in gradually. You may just feel “shaken up” initially and not recognize that this immediate shock response can also be consistent with traumatic brain injury. Seeking medical care immediately following the accident can help get the right diagnosis and the right treatment plan as soon as possible, while your window for healing is still open.

It’s also imperative that you follow the advice of your medical providers and continue whatever medical care is recommended. On the injury claims side, your personal injury attorney will gather these medical records and document the extent of your injury and the course of your recovery. These records will serve as important evidence when filing a claim.

Navigating the aftermath of a traumatic brain injury can be incredibly difficult. That is why it’s in your best interest to connect with an experienced personal injury attorney with Ullian Trial Law. Our firm understands how complicated these matters can be, which is why we will do everything in our power to help you fight for the best possible outcome for your unique circumstances. Contact our office today to learn how we can assist you.