Falls and car accidents are the leading causes of traumatic brain injuries (TBIs). However, a brain injury can happen whenever someone suffers a blow to the head or experiences a rapid acceleration, deceleration, or whiplash-like motion.
If you or a loved one suffered a TBI and believe someone else is responsible for the injury, consider hiring a traumatic brain injury attorney. You can even speak with a lawyer at no cost, and they will explain whether you have grounds to file a lawsuit or claim.
More Causes of Traumatic Brain Injuries
Though falls and car accidents are common causes of traumatic brain injuries, they are far from the only causes. Traumatic brain injuries may also result from:
Other Motor Vehicle Accidents
When someone is in a motor vehicle accident, they may:
- Hit their head on the dashboard, steering wheel, or seat in front of them
- Absorb impact from an airbag
- Suffer a rapid whiplash motion
- Experience significant impact as their seatbelt stops their body’s forward momentum
Each of these events may cause a traumatic brain injury. Therefore, if you were in a car, truck, or SUV accident, you are vulnerable to suffering a TBI.
Motorcycle, Pedestrian, and Bicycle Accidents
These types of car accidents expose victims to severe risk of injury. Unlike those involved in car, truck, and SUV accidents, motorcyclists, bicyclists, and pedestrians have little physical protection when an accident happens.
When someone on a bike, motorcycle, or on foot experiences an accident, they may:
- Be hit directly in the head by an oncoming vehicle
- Strike a fixed object that causes a head injury
- Be thrown from their bicycle or motorcycle, striking their head on the ground
Motorcyclists face an outsized risk of fatal injury. Brain injuries are one reason why so many motorcycle accident victims pass away. There is no way to overstate the danger that brain injuries pose to all traffic accident victims.
Dangerous Premises
Property owners who fail to maintain safe premises can cause traumatic brain injuries.
Potential brain injury hazards on a dangerous property include:
- Slip and fall accidents
- Trip and fall accidents
- Items that fall and strike someone on the head or cause them to fall to the ground
- Collapsing stairs, platforms, or walkways that cause a victim to hit their head
A negligent property owner may be financially liable for any TBI that occurs on their premises.
Workplace Accidents
TBIs in the workplace may be grounds for a workers’ compensation claim or lawsuit. Some industries, like construction and transportation, may pose a higher-than-average risk of on-the-job brain injuries. However, any employee who experiences dangerous working conditions may be vulnerable to suffering a TBI.
Sports Injuries
Sports, including football, soccer, lacrosse, and baseball, can cause traumatic brain injuries. When athletic organizations, schools, coaches, or other authorities fail to protect athletes or fail to respond appropriately to a possible brain injury, they may be liable for all resulting damages.
Physical Assaults
Those who commit physical assaults or fail to provide adequate security on their property may be liable for victims’ injuries.
The world is an unpredictable place, and there is a virtually endless list of circumstances that can cause a TBI. If you or a loved one have suffered a TBI, you should tell your story to a law firm. They can explain whether someone may owe you compensation for your injury and resulting damages.
Damages Resulting from a Traumatic Brain Injury
There are many serious symptoms of TBIs, each of which can interfere with your day-to-day life.
Those symptoms include:
- Memory issues
- Headaches
- Fatigue
- Nausea and vomiting
- Drastic mood and personality changes
- Sensitivity to light and sound
- Depression
- Sleep problems
These and other symptoms of a TBI may cause several specific damages, including:
Medical Costs
The quality of your medical care may be key to your recovery, and you may need compensation to cover:
- Emergency medical care
- Imaging services required to diagnose your TBI
- Surgery
- Hospitalization
- Medications
- Rehabilitation
Each TBI victim receives their own treatment plan. Our team will calculate the cost of medical services you’ve already received, as well as those you may need in the future.
Pain and Suffering
Civil courts allow plaintiffs to seek compensation for pain and suffering. This category of damage accounts for the non-economic harm that an injury can cause.
After a TBI, pain, and suffering may include:
- Physical pain, including headaches and sensitivity to light and sound
- Emotional distress
- Psychological distress, which may result from the injury and the frustration that your symptoms cause
- Clinical conditions like depression, anxiety, and mood disorders, which may result from brain damage
- Lost quality of life
- Sleep problems, which can also result from a brain injury
The brain is central to everything that we do. Therefore, a brain injury can affect every aspect of your life. Our team will reflect the full cost of your brain injury as we fight for the compensation you deserve.
Lost Income and Other Professional Damages
Those with brain injuries may miss work, have to reduce their hours, or change roles or careers. In cases where someone suffers a severe TBI, they may be unable to work again.
Disruptions in your professional life may cause:
- Lost income
- Lost earning power
- Missed promotion opportunities
- Lost performance bonuses
- Lost employer-matched retirement contributions
- Lost productivity
- Loss of professional status
Professional damages have a direct and often immediate financial cost. It will be your lawyer’s responsibility to determine the cost of these damages and fight for your financial recovery.
How Do I Seek Compensation for a Traumatic Brain Injury?
You do not have to seek compensation for your brain injury—a lawyer will seek compensation for you. For most people who suffer a brain injury, recovery is the top priority.
Your treatment plan may require you to:
- Rest
- Avoid strenuous and stressful situations
- Attend doctor’s appointments regularly to monitor your recovery
- Follow other recommendations from your doctor
You can continue to focus on your recovery. Your lawyer will lead your insurance claim or lawsuit from start to finish.
How a Personal Injury Attorney Can Help Someone With a Traumatic Brain Injury
A personal injury attorney will develop a personalized plan for your case. While that plan will have unique details and considerations, personal injury lawyers generally help TBI victims by:
Gathering Evidence as Quickly as Possible
There are several reasons to start a TBI case as quickly as possible, and the fleeting nature of the evidence is one of those reasons. Your attorney will work to gather evidence as quickly as possible.
If you wait to hire an attorney, you may forfeit critical evidence. Video footage of a car accident, for example, may not be available for long. Hire a lawyer as soon as possible so they can start building your case.
Identifying All Liable Parties
Your lawyer will identify every party who is liable for your traumatic brain injury and resulting damages. As they gather evidence and details of the events that led to your injury, it will become clear who is responsible for your economic and non-economic damages.
Managing Communications and Drafting All Paperwork
Most personal injury firms employ both attorneys and paralegals who manage every aspect of the cases they lead.
This includes:
- Drafting and filing paperwork, including the claim or lawsuit
- Managing case-related appointments
- Communicating with all parties involved in the case
- Fact-checking information
- Managing all case-related evidence, testimony, and records
A competent law firm is a detail-oriented law firm. You will not have to worry about any detail of your TBI case if you hire a law firm to represent you.
Calculating and Documenting Your Damages
Damages are the focus of every personal injury and wrongful death case. Your damages will determine how much compensation you deserve. Your lawyer, therefore, will calculate the exact cost of your current and future damages.
An attorney will gather any documentation that details your damages, including:
- Images of your brain injury
- Doctors’ diagnoses of your injury
- Medical bills
- Proof of lost income
- Mental health experts’ diagnoses of your emotional and psychological symptoms
Because everyone with a TBI suffers different damages, the documentation a lawyer gathers from case to case. Just know that any attorney will use every available resource to prove your damages and their cost.
Leading Settlement Negotiations
Settlement negotiations may be the concluding stage in your case. If your lawyer convinces liable parties to pay you fairly, you can choose to accept a settlement. From there, you may be done with the legal process and ready to move forward from this chapter in your life.
Completing Any Necessary Trial
A trial may be necessary if your lawyer cannot secure the settlement that you deserve. This may not be an indictment of your lawyer but rather the result of the liable parties’ unwillingness to compensate you fairly.
Experienced law firms have secured both settlements and verdicts for their clients. Your attorney should be comfortable taking your case to court if necessary.
To ensure that a law firm can and will fight for you at trial, you may:
- Review their website to see verdicts they have gotten at trial
- Ask during your free consultation whether a law firm is willing to take your case to trial, if necessary
Trials involve opening arguments, presentation of evidence, questioning of witnesses, and closing arguments. Your attorney will lead this process, just as they will manage every other step in your case.
Why Those Suffering from a TBI Are Wise to Hire a Lawyer
Everyone who suffers a brain injury has the right to seek compensation on their own. So why do so many TBI victims hire attorneys to represent them?
There are several reasons to hire a lawyer after you or a loved one suffers a TBI, including:
- The stress that an insurance claim or lawsuit can place you under. Those with brain injuries typically have a low tolerance for stress. Therefore, voluntarily taking on the many demands of an insurance claim or lawsuit is generally not wise for anyone with a TBI.
- The opposition you will face from liable parties: Whether you are seeking money from an insurer or directly from someone who caused your TBI, expect opposition. You may need to negotiate, make demands, and persevere through this opposition. If you don’t feel prepared for a fight, hiring a lawyer may be in your best interest.
- The resources that an experienced law firm offers: An experienced lawyer and their firm may bring many assets to your case. Their experience may allow them to effectively address every challenge that your case presents, as these are challenges they may have overcome before. Also, a law firm can cover the entire cost of your case.
- The demands of your recovery process: You may need to spend substantial time resting and receiving treatment for your traumatic brain injury. If you choose to lead your claim or lawsuit without a lawyer’s help, your recovery may slow or reverse course.
It is OK to ask for help. An attorney from our team can provide start-to-finish legal services while protecting your health and your rights.
How Do I Choose a Lawyer to Lead a Traumatic Brain Injury Case?
You may choose a law firm based on:
- Their experience handling TBI cases
- Their results in cases like yours
- Their fee structure
- Their client testimonials
Most personal injury law firms are willing to cover all case-related costs. The law firm only receives a fee if they win your case. The fee comes from your financial recovery, so you don’t pay anything out of your own pocket.
Hire a Traumatic Brain Injury Attorney as Soon as Possible
Take advantage of free consultations, which virtually every personal injury firm in Missouri offers. You can speak with firms and ask questions, getting a feel for which law firm is right for you.
Don’t wait to hire a lawyer, because you do not want to miss the deadline for filing your case.