Get Compensated For Your Brain Injuries
A traumatic brain injury (TBI) is usually suffered through a sudden impact to the head, but just as often, it can be caused by extreme acceleration or deceleration, even without direct physical impact to the head. Because TBI can occur without physical impact, many cases of TBI go unnoticed or undiagnosed until it’s too late. In fact, the Center for Disease Control and Prevention estimates that nearly 1.7 million people suffer TBI each year.
Because of misconceptions that TBI can only be caused by physical impact or that concussions only have temporary effects, obtaining compensation for TBI has been rather difficult in the past. However, with the recent media attention on the NFL players’ concussion related lawsuits against the league, these misconceptions are slowly being dispelled with convincing science that TBI is much more serious and long-lasting than previously acknowledged.
If you think you’ve suffered a traumatic brain injury in an accident that was not your fault, an experienced brain injury lawyer may be able to get you the compensation you deserve.
Symptoms of TBI
Physical impact to the head is not always necessary to suffer TBI. If you experience any of the following symptoms following an accident, consult a doctor immediately:
- Dizziness, Imbalance, confusion, memory loss;
- Headaches, numbness, loss of consciousness;
- Sensory problems: blurry vision, hearing loss, difficulty speaking;
- Increase in blood pressure.
Being aware of these prominent symptoms of TBI and having a doctor document and treat them right away is of the utmost importance.
Complexities of Brain Injury Cases
Unlike some other personal injury cases, a brain injury case involves the intersection of several different areas of law: negligence, insurance law, workers’ compensation, and causation.
In cases involving automobile accidents, Florida’s no fault insurance system requires insurers to pay their policy holders for injuries suffered in an accident. For non-TBI injuries, this can be a relatively simple process, but because TBI often involves long term problems that aren’t apparent immediately, it can be hard convincing an insurance company to provide adequate compensation for an injury.
This is also true of TBI suffered in the workplace. Employers may agree to cover the medical costs of stitching a head wound, but they may balk at the idea of paying for the long-term damage caused by a concussion.
An experienced brain injury attorney may be able to extract additional compensation for these long-term injuries from insurers and employers that a general personal injury attorney may not even consider.
Depending on the circumstances, you may also have to sue the party that caused your injuries to receive adequate compensation. In these cases, you must prove that the other party did not exercise reasonable care in his actions, and that those actions caused your injuries. This is known as a negligence claim. Thus, a brain injury attorney must also know how to litigation negligence claims before a court.
Finally, one of the most difficult aspects of a brain injury case is proving damages. Unlike a broken bone or an open wound, it can often be difficult and unintuitive to establish a link between an accident and symptoms of TBI.
To establish such a link, it is necessary to consult with and prepare medical experts to provide testimony establishing a link between the accident and the long-term effects of TBI. Jurors don’t have the necessary medical expertise to determine whether a certain accident could result in TBI, therefore, medical experts become a very important part of brain injury cases.
A brain injury can cause significant loss beyond the medical bills involved in treating the injury. Often, the effects of brain injury are permanent and on-going and can impact your quality of life and your ability to make a living. Fair compensation should rightfully include all these considerations.