.jpg)
If a person suffers a severe blow to the head, it can result in a traumatic brain injury (TBI). This is why many people are diagnosed with TBI after a serious car accident. And not everyone who suffers from TBI survives.
In the U.S., there are around 190 TBI-related deaths every day. Texas alone sees around 144,000 patients hospitalized with a TBI each year.
These statistics show how easily this serious medical condition can affect anyone. If you or a loved one sustains a TBI because of another person’s negligence, you can and should sue him or her for compensation.
TBIs happen when an external force hits and injures the brain. For example, if you fall down the stairs and hit your head on the ground. Having someone throw a heavy object at you in the head can also result in one.
The symptoms of TBI can range from mild to severe. In mild cases, you may experience symptoms of a concussion. For severe ones, it will heavily affect your cognitive functions and motor skills.
Both mild and severe effects may be temporary or permanent. If these are permanent, they will significantly affect your quality of life.
If you suffer TBI in a car accident or a fall, you can sue the person or the business responsible. However, you can only do this if you prove they were negligent and that their inaction led to your injury.
If you can prove negligence or malicious intention, you are entitled to compensation. The settlement can help you pay for medical bills and make up for lost wages.
You can also include damages for pain and suffering in your settlement. Here, you will present the doctor’s note that confirms the TBI will leave you with long-term impairments.
Following the necessary legal steps is important to win your case. Getting the settlement will not only bring the money but will also hold those responsible accountable for their negligence against you.
Whether you are in an accident or a slip and fall, the most important thing to do is to call for help. Immediately call 911 so the paramedics and the police can arrive at the scene.
When the first responders arrive, they will check your condition and determine if you require emergency care. If a paramedic suspects you suffered a TBI, you will be sent to the hospital for further evaluation and treatment.
This will ensure that your condition does not get worse. It will also provide you with medical records linking your TBI to the incident, which you will need to open a legal case.
Other immediate actions you need to do include the following:
As mentioned, the medical records can prove that you were hurt. But you will also need other evidence to prove that an accident or fall was the reason for your TBI.
If it was an accident, you need a copy of the official police report. If it was a fall (because of a wet floor, for example), you need to gather witness statements.
Photos and videos of the scene and the visible injuries to your head can also be used for your case.
Do not jump into filing an official legal case just yet. After sustaining a TBI, you should file a claim against the negligent party’s insurance company. This will kick-start the compensation process and may even get you the settlement without going to court.
Before contacting the insurer, it is a good idea to consult with a personal injury lawyer. It is better to let the lawyer deal with the insurer for you.
Your lawyer will advise whether you have a strong case. He or she will also take the necessary steps to file the claim from the insurer.
When you hear back positively from the insurer, your lawyer will take over the subsequent negotiations. The negotiations may take days or weeks to clear up.
If no settlement agreement is reached, your lawyer will most likely advise you to file an official lawsuit.
If the insurer denies your claim or offers a too-low settlement, your lawyer will do the following:
You can include several damages in your compensation claim. For instance, you can claim for medical expenses and lost income. You can also claim for pain, suffering, emotional distress, and the loss of enjoyment of life.
If your TBI resulted from gross negligence or intentional harm, you may include punitive damages to your claim. This is not meant to provide you with more money. Instead, it is considered a punishment for the at-fault party.
A TBI case can be overwhelming, especially if you are still recovering from the injury. Hiring a lawyer can reduce a lot of your stress and ensure your case is handled the right way.
Your lawyer will build your case and handle all legal procedures. He or she will also deal with negotiations and represent you whenever necessary.
A TBI can be life-altering. If you have been hurt because of negligence, do not hesitate to contact a lawyer to explore your legal options.
