CALL (800) 863-5312 to talk to a TBI Lawyer about why you should claim compensation for a TBI
People who suffer from traumatic brain injuries (TBIs), should take the condition very seriously. There were more than 60,000 TBI-related deaths in 2019 alone. Not only does your risk of death increase when you endure a brain injury, but you also may not be able to function normally afterward, as you did before the injury.
You may want know how to seek money for a TBI. This article will outline five reasons to claim compensation for a TBI, as well as whether you need a lawyer if you have a TBI.
What is a TBI?
You can receive a TBI from an external force hitting your head or body. That force can come from any number of factors, from a fall, car crash, sports injury, or even a shock wave from an explosion. TBIs can be mild, moderate, or severe based on the Glasgow Coma Scale (GCS). The GCS uses a point system to measure the responsiveness of a patient, with more points indicating a higher level of alertness.
Most TBIs are mild TBIs, usually concussions; patients with mild TBIs have a GCS of 13-15, with patients displaying confusion, disorientation, and lack of balance. In a concussion, the brain can twist or bounce in the skull, often resulting in chemical changes. Usually, the effects of a concussion will go away within a few weeks, but sometimes symptoms persist.
Patients with moderate TBIs have a GCS of 9-12. They go unconscious for a period longer than 30 minutes but shorter than 24 hours and may need to relearn certain skills through rehabilitation. Patients with moderate TBIs have a better chance of recovery than those with severe TBIs, but they may also experience permanent effects.
Comas that longer than 24 hours are the results of severe TBIs, with which patients have a GCS of less than 8. There is a strong chance that someone with a severe TBI will experience a permanent disability, death, or other complications.
Five reasons to claim compensation for a tbi
Many times, you can trace the cause of the injury back to the negligence of someone else. When some negligent party causes the TBI, the victim can receive financial compensation for the injury. A TBI can have serious or permanent effects that can bury the victim in medical bills that he or she cannot afford to pay; fortunately, a personal injury attorney can help if the victim needs compensation after a brain injury.
1. Someone Else Caused Your TBI
If someone else directly or proximately caused your injury, that person should take responsibility for the TBI; there are many ways that someone can negligently or intentionally cause your injury. Be certain that what you have is a TBI by visiting your doctor. A strike to the head or some other violent injury may have been involved in causing your injury.
For example, if an uneven city sidewalk caused you to trip and fall, you might be able to recover from the city. However, if you were injured while playing a contact sport, it could be more difficult to recover, for when you agree to play a sport, you are consenting to some forms of assault and battery that come with the rules of the game. If someone tackles you during a football game and causes you to fall and get a TBI, you probably will not recover against that person unless he or she used force that falls outside of the rules of the game.
A car crash is another way that someone could negligently cause your TBI. If another driver rear-ends your car and you are knocked unconscious, that is likely responsible for your injuries. Combat injuries such as concussions from explosions and physical violence are also actions performed by others that can cause TBIs.
2. You Could Be Entitled to Compensation
Perhaps the most influential reason to pursue your claim is if you need compensation after a brain injury. People who prove that another person negligently or intentionally caused their injuries can often receive compensation for those injuries.
The legal system provides a route to recovery characterized by your ability to show that an adverse party should be liable for your injury and that you have suffered real damages for which you can recover. More specifically, you must show that the adverse party’s action or lack of action violated a particular law. In the case of a TBI, that might include the adverse party’s negligence or intentional act of battery.
The adverse party acted negligently if he or she owed you a duty of the standard of care, they breached that duty, you were injured, and the adverse party’s breach directly or proximately caused your injury. You must prove each of those things in order for your negligence case to be successful.
For example, if you are driving and someone rear-ends you—causing you to receive a TBI from hitting your head—your injury has likely resulted from someone else. Motorists owe each other the duty of reasonable care while driving, and a driver breaches that duty by not being careful. You might be partially at fault if you were trying to stop the car behind you from following too closely and braked suddenly to intimidate the other driver (note, however, that you may have a products liability case if your airbags failed to deploy.)
Alternatively, your injury may have resulted from someone’s intentional act. If someone caused harmful or offensive contact with you without your consent, you may be able to recover for a battery. For example, someone may have attempted to play a practical joke on you by sticking a foot out to trip you as you were walking, causing you to fall and receive a TBI. While the person may not have meant to cause your injury, he or she did intend to perform the act that caused the injury.
Kinds of Compensation
Now that you have an idea of how to seek money for your TBI, you might want to know what kind of compensation is available to you. As someone who has suffered a TBI, you could receive a few kinds of compensation for your injuries; most commonly, a victim of negligence or an intentional tort can receive economic and noneconomic damages. Sometimes punitive damages are available for someone who has received such a serious injury that the tortfeasor should be punished for causing it.
Economic damages include financial costs of your medical care and rehabilitation as well as your missed wages from time you had to take off of work to address your TBI. Noneconomic damages compensate you for the pain and suffering you experience from the TBI.
3. Your TBI Has Lasting Effects
Another important reason for you to claim compensation for a TBI is that the TBI that is impacting your life now can continue to impact your life in the future. Even mild TBIs can produce lasting effects that require continued medication and treatment in order for the patient to live a normal life.
Lasting Effects of Mild TBIs
Someone with a mild TBI might experience persistent post-concussive symptoms. These can include depression, anxiety, memory loss, reduced balance, and inability to concentrate.
Lasting Effects of Moderate to Severe TBIs
Around 50% of people who sustain a moderate to severe TBI experience a worsening of their injuries in day-to-day life or die within five years of their injury. Employment is more difficult for those who have suffered a moderate to severe TBI because many victims become disabled. Many TBI survivors need help performing everyday activities.
Some research suggests that a moderate to severe TBI can increase the likelihood of brain-related diseases later in life. TBIs might link to Alzheimer’s, causing problems with memory and the ability to think, to Parkinson’s, causing problems with movement and coordination, and to chronic traumatic encephalopathy, causing problems with motor skills, thinking, and memory.
4. Your TBI is Expensive
The medical bills will pile up if you need extensive care and treatment for your TBI. But before you can even begin to recover for your TBI, you will need your diagnosis from the doctor. This will likely require a computerized tomography (CT) scan or magnetic resonance imaging (MRI).
After your diagnosis, your doctor might recommend rehabilitation or physical therapy. You may need medication for the rest of your life to help you manage your TBI, and you could also need to hire someone to help you perform daily tasks.
5. A TBI Attorney Makes Getting Compensated Easier
A lawyer can make it easier for you to get compensated for your TBI because they know the routes to recovery for your specific injury. First, the lawyer will know what kind of claim you must file based on your unique case. Next, the lawyer will know the approximate amount of compensation and the kind or kinds of compensation you could receive for your injury.
The lawyer will be willing to fight for the appropriate compensation amount for you against the adverse party and may be able to go to trial with you if the adverse party does not settle for that amount. Having an experienced advocate for you in the negotiating stage of your claim—and in the courtroom if it goes to trial—could make a world of difference in the outcome of your case.
Consult with the Zinda Law Group TBI Lawyers
Presuming you agree with one or more of the five reasons to claim compensation for a TBI, it is well worth your time to talk to a TBI lawyer. It will cost you nothing to speak to an attorney at the Zinda Law Group and determine your best route to recovery. Call our Zinda Law Firm TBI attorneys at (800) 863-5312 to schedule your free consultation.
If you have a TBI and need a lawyer, our attorneys are ready to hear from you. Your quality of life has been affected by someone else’s negligence, and you deserve compensation for the impression that the injury has made on your life. You can feel confident in the quality of our services because we have a No Win, No Fee Guarantee; this means that you do not pay us unless we win your case for you.
Meetings with attorneys are available by appointment only.