The brain is one of the most important parts of the body. Any injury to the brain can have detrimental and life-altering consequences.

If you or your loved one suffered a brain injury at the hands of another, you can have legal options to pursue just compensation. A brain injury attorney can take on your claim to protect your rights and fight for a favorable outcome.

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What is a Traumatic Brain Injury (TBI)?

A traumatic brain injury (TBI) is an injury to the brain caused by a traumatic event.

A closed brain injury occurs when the skull does not break. A penetrating brain injury results when an object breaks through the skull, such as when a sharp object penetrates the brain.

Brain injuries range in severity. Still, every degree and type of brain injury can have lasting effects and should be taken seriously. All brain injuries can worsen rapidly. Treat any brain injury as quickly as possible.

Brain injury symptoms can mimic other health issues.

Nonetheless, look out for common signs of brain injuries, especially after suffering trauma to the body, including:

• Persistent headache
• Fatigue
• Nausea or vomiting
• Dizziness
• Blurred vision
• Ringing in the ears
• Sensitivity to light or sound
• Memory problems

Some brain injuries can also cause a loss of consciousness, ranging from a few minutes to days on end. A severe TBI can put a victim in a coma or vegetative state.

A brain injury affects the way a person’s brain works. The severity of a brain injury determines whether the changes are temporary or permanent. Because of this, all TBIs require serious attention to minimize potential complications.

Brain Hemorrhage

A brain hemorrhage is also known as a brain bleed. When you suffer from a brain bleed, blood vessels in the brain burst or leak blood. This causes blood to pool in the skull or the brain, depending on the type of hemorrhage, causing pressure to build and preventing oxygen from reaching the brain.

Brain bleeds that occur outside the brain and within the skull include:

• Subdural bleeds
• Epidural bleeds
• Subarachnoid bleeds

Hemorrhages that occur inside the brain itself include:

• Intracerebral hemorrhages
• Intraventricular hemorrhages

A hemorrhage creates an emergency. These injuries require immediate care, as they can kill or cause permanent brain damage.

Diffuse Axonal Injury

A diffuse axonal injury (DAI) occurs when the brain suddenly shifts within the skull.

The connective fibers in the brain (axons) suffer damage as the brain rapidly moves back and forth. This results in neurological problems, as the various brain regions can no longer communicate with one another.

The primary sign of a diffuse axonal injury is a loss of consciousness that typically lasts several hours. The exact symptoms of a DAI can vary depending on the area of the brain affected.

Coup Contrecoup Injury

Coup contrecoup injury gets its name from the French terms for blow and counterblow. This type of brain injury is two separate injuries sustained at the same time.

A coup or blow occurs when the brain hits the skull at a certain point of impact. At its return, the brain also suffers a contrecoup or counterblow injury, with the brain hitting the skull at the exact opposite side of the brain.

These injuries can occur separately, but when the trauma is severe enough, you can sustain these injuries together.

What Causes Traumatic Brain Injuries?

Traumatic brain injuries can happen for many reasons. These injuries can occur accidentally, for example, while playing sports, but often, a TBI results from negligent or intentional action.

Some of the most common causes of brain injuries include:

• Vehicular collisions, like car and truck accidents
• Falls, including slips and falls and falls from heights
• Pedestrian accidents
• Construction site accidents
• Workplace accidents
• Acts of violence, like assault and domestic abuse
• Medical malpractice

If you suffered a brain injury caused by another party, you can have a valid legal claim for compensation.

Complications From Brain Injuries

Traumatic brain injuries can substantially affect a person in the short term but also in the long term.

Common issues arising from TBIs include:

• Seizures
• Blood vessel damage
• Vertigo
• Permanent brain damage
• Intellectual deficiencies
• Trouble with communication
• Nerve damage
• Behavioral changes
• Sensory problems
• Emotional changes
• Degenerative brain diseases

The more severe a brain injury, the more likely the victim is to suffer additional health issues. This affects not only the victims themselves but also their loved ones as they cope with the changes caused by the brain injury.

Suffering complications from a TBI isn’t just difficult physically and emotionally. Financial struggles can arise, as medical care is extremely costly. Following a brain injury, consult a legal professional to discuss your situation and potential recourse.

Legal Options following a TBI

Traumatic brain injuries are the result of many different accidents. However, if another person causes your TBI, you can file a legal claim.

Personal injury law allows injured victims to pursue justice and compensation for their injuries and related monetary and non-monetary losses. Your path toward financial recovery depends on the specifics of the situation.

If, for example, your traumatic brain injury results from a car accident, you can file a claim with the insurance company, either the at-fault driver’s or your own, depending on fault laws. The insurance company investigates your collision and, depending on their findings, approves or denies your claim. If it approves your claim, you can try to settle with the insurer for a favorable amount.

You may need to pursue compensation by filing a personal injury lawsuit in court if you cannot obtain the compensation you need through an insurance claim or if the insurance company refuses to accept or settle your claim.

Regardless of the circumstances, you should always seek legal guidance from a qualified brain injury attorney. A lawyer can explain your rights as an injured victim and determine how best to pursue your monetary recovery.

Proving Liability for a Traumatic Brain Injury

While some traumatic brain injuries are the result of intentional action, most are caused by negligence. Given the circumstances, a party is negligent when they fail to act reasonably.

To prove negligence, you must satisfy the necessary elements, which include:

• Duty: The party owed you a duty of care.
• Breach: The party’s action or inaction caused them to breach their duty of care.
• Causation: The party’s breach resulted in your accident.
• Damages: You suffered injuries and losses.

Many different parties can be responsible for a brain injury, such as:

• Drivers
• Drivers’ employers
• Property owners or landlords
• Governmental entities
• Healthcare providers
• Product manufacturers or distributors

A brain injury attorney can investigate your situation to determine the cause of your traumatic brain injury, which can then indicate fault. Establishing the other party’s fault is one of the most crucial parts of a compensation claim.

Evidence Used in Brain Injury Cases

It is not enough to simply claim someone is at fault; you must offer strong evidence. Additionally, evidence is used to prove the cause of your injuries and your financial and non-financial losses and expenses.

Some of the pieces of evidence most used in brain injury cases include:

• Photos and videos
• Witness statements
• Police reports
• Medical records and bills
• Surveillance footage
• Expert testimony

You may begin gathering evidence as soon as possible, like medical documentation and witness contact information. As more evidence becomes available, your attorney can request and obtain whatever is necessary.

Your lawyer may acquire pertinent evidence during the discovery phase of a lawsuit, procuring helpful information through requests for production, depositions, and the like.

Potential Compensation for a Brain Injury

One of the primary objectives of filing a compensation claim is securing favorable financial recovery. The damages you deserve depend on your situation but can include economic and non-economic damages.

Following a traumatic brain injury, you can obtain compensation for:

• Past and future medical expenses
• Therapy and rehabilitation
• Lost earnings
• Diminished earning potential
• Emotional distress
• Pain and suffering
• Loss of enjoyment of life

The value of your claim highly depends on certain critical factors. Your brain injury lawyer can evaluate these details to help assign a dollar amount to your claim.

Factors that influence how much your brain injury case is worth include, but are not limited to:

• The severity of your injuries
• The total cost of your medical treatment
• Whether you’ll require healthcare in the future for your brain injury
• How your brain injury has impacted your life
• The total of your lost earnings from work
• Any other related monetary or non-monetary losses

Determining how much compensation you can pursue for your brain injury case ensures you get the right settlement to suit your needs. A brain injury lawyer can thoroughly assess your case to calculate damages and pursue an advantageous result.

The Advantages of Working With a Skilled Attorney

If you’re dealing with the aftermath of your TBI, handling a complex legal case is likely the last thing you need to do. Fortunately, if you have an experienced brain injury attorney handling your case, it’s one less problem to worry about.

Brain injury lawyers have the knowledge, resources, and skills to handle even the most cases. When you have an attorney handling your case, you can feel assured you placed your case in the best possible hands.

An injury lawyer can provide the care, kindness, and direction you need. An attorney can also give you the best chance of obtaining the justice and financial recovery you deserve.

Time Is Limited to Take Action After Suffering a Traumatic Brain Injury

Whether you suffer a concussion, a brain bleed, or DAI, you deserve to seek financial recovery for your brain injury caused by another. Don’t wait to take action.

Depending on your state’s statute of limitations, you may only have a limited time to file your injury claim. As soon as possible, consult a personal injury attorney concerning your situation. A lawyer can evaluate your case and create a plan to pursue compensation as quickly and efficiently as possible.

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