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When thinking about injuries resulting from something like a workplace accident or a fender-bender, most people’s minds might jump to a broken wrist or a bit of whiplash. While these sorts of injuries are no joke, there are, unfortunately, many more serious injuries that can occur, such as brain injury. Brain injuries can have long-lasting consequences for an accident victim and their family. If you have suffered a brain injury stemming from an accident caused by another person, then you may be able to file a brain injury lawsuit to seek compensation from the responsible party.
BRAIN INJURY LAWYERS
The term “brain injury” refers simply to any damage to the brain or brain tissue. Just like any other type of injury, brain injuries come in varying degrees of severity, and more serious brain injuries are classified as “traumatic brain injuries”, or TBI. Traumatic brain injuries can be particularly dangerous because their symptoms may be relatively mild when in reality, they present a very dangerous situation.
If you have suffered a TBI, a brain injury attorney may be able to help you. A brain injury attorney may be able to shoulder all of the legal details of your lawsuit to allow you to focus on caring for yourself and your family during a difficult time. When selecting an attorney, make sure to hire someone who has the necessary experience, is a good communicator, and isn’t overloaded with cases and therefore unable to give your case the attention that it deserves.
TYPES OF BRAIN INJURIES
An important first step in understanding what sort of a claim you might have and exactly how to go about pursuing it will be determining what type of brain injury you have. There are many types of brain injuries, but they can generally be sorted into two categories.
Mild Traumatic Brain Injury
Mild traumatic brain injuries are less severe. According to the Mayo Clinic, there are a few different symptoms that might be markers of a mild traumatic brain injury. Physical symptoms include minor loss of consciousness, dizziness or disorientation, headache, nausea or vomiting, fatigue or drowsiness, among others. There are also other sensory or cognitive symptoms of mild traumatic brain injuries, which include sensitivity to light or sound, sensory problems like ringing in the ears or a bad taste in the mouth, and mood changes or mood swings.
Though this category of TBI seems like it may be less dangerous because of the term “mild,” it is critical to contact a medical professional and fully address the issue if these symptoms persist. Mild traumatic brain injuries may actually present a more dangerous situation to their victims because their symptoms can be so benign. For example, a victim who suffers from a headache after their accident might not realize that this symptom is connected to a brain injury. This may result in them not obtaining proper medical attention. Some symptoms may not become apparent for days, or even weeks, after the accident.
Moderate-Severe Traumatic Brain Injury
As the name might suggest, moderate-severe traumatic brain injuries are more serious. As such, the accidents that cause them tend to be a bit more severe. While there can be delayed symptoms in the case of a moderate-severe traumatic brain injury, they generally appear sooner after an accident, typically within the first few hours to days.
Physical symptoms of these sorts of injuries include loss of consciousness lasting for several minutes to hours, a constant headache or a headache that progressively becomes worse, convulsions or seizures, inability to awaken from sleep, and a host of others that can be found here. Certain cognitive and mental symptoms can accompany moderate to severe injuries, such as profound confusion, agitation or other aggressive behavior, slurred speech, and comas or other disorders of consciousness.
CAUSES OF TRAUMATIC BRAIN INJURIES
While a traumatic injury can occur anywhere, most injuries will typically fall into one of the following categories.
The most common cause of traumatic brain injuries, particularly in older Americans and children, is falling. This can be falling off of a ladder while doing home repairs, slipping in the tub while getting in or out, or simply tripping while taking a walk. A traumatic brain injury lawyer may be able to help when another person causes your fall. For example, a workplace accident can occur if you trip as a result of an unsafe condition in your office, or you may have a product liability claim if you fell due to the defective manufacturing of a ladder.
Read More: Wet and Slippery Floor Injuries
Motor Vehicle Collisions
Brain injuries frequently occur in accidents involving:
Brain injuries can occur during the initial collision or when colliding with the ground. Contacting an attorney after your vehicle collision may be the best way to hold the other party accountable for your injuries and seek the compensation that you are entitled to.
Read More: Evaluating Damages for Brain Injuries
Certain workplaces are more prone to cause a traumatic brain injury than others. For example, if you work at a construction site or in a factory, then you might be at risk for sustaining a TBI on the job. These sorts of accidents can occur as a result of malfunctioning equipment, such as a piece of machinery that comes loose and hits you on the worksite, or human error, such as a co-worker swinging a hammer without checking to make sure that they were free and clear to do so.
COMMON QUESTIONS ABOUT TRAUMATIC BRAIN INJURIES
While the only way to truly answer your questions about your case is to talk to an experienced traumatic brain injury attorney in your area, there are a few common questions that pop up in many cases.
How Can a Lawyer Help My TBI Case?
When negotiating a potential settlement for your injuries, it is important to remember that insurance companies don’t have your best interests at heart—they are looking out for their own bottom line. There are many mistakes that could derail your settlement negotiations, and unfortunately, the opposing parties in your case may use these mistakes to pay you less than they may otherwise be legally obligated to. Hiring an experienced attorney may be your best shot at receiving a fair amount in settlement negotiations.
How Long Does It Take to Recover From a Severe TBI?
Ultimately, this is a question that can probably best be answered by your doctor. However, generally speaking, oftentimes the most rapid gains in recovery from a TBI are made in the first six months after injury. From there, the rate of improvement will vary greatly from person to person.
How Much Will a Traumatic Brain Injury Lawsuit Cost?
Many people may be scared away from the idea of hiring a lawyer because they think they may be charged an exorbitant hourly rate. For some lawyers, this may be true. However, at Zinda Law Group, we charge you nothing unless we win your case for you. There are no upfront costs or hidden expenses, and we never charge an hourly rate. That’s our No Win, No Fee Guarantee. After we win your case, we will be paid an agreed-upon percentage of the settlement, which guarantees you never owe us money that you don’t have.
LEGAL TIME LIMITS FOR TRAUMATIC BRAIN INJURY LAWSUITS
For every type of personal injury case, there is an associated time limit, known as the statute of limitations. The statute of limitations is the amount of time that you have from the date of the accident to file a claim. For example, if the statute of limitations in your state is three years for traumatic brain injuries, then you will have three years from the date of the accident within which to file a claim—any claim that is brought after this deadline will likely be dismissed. The statute of limitations that applies to your case will be different depending upon the state in which you live, so it is best to seek the advice of a local attorney as soon as possible.
In the case of a traumatic brain injury, some circumstances might warrant exceptions to the general rule. For example, if the victim is a minor at the time of the accident, they may receive an extension. If the victim becomes mentally incompetent, that may also warrant an exception. However, it is best not to rely on exceptions and speak with a lawyer as soon as possible.
ZINDA LAW GROUP SEEKS MAXIMUM COMPENSATION FOR BRAIN INJURIES
If you have suffered a TBI, you do not want to try to take on the insurance companies alone. Our experienced attorneys may be able to guide you through the process and help you fight for a fair settlement. If not, they may be able to fight for you until you do.
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