Traumatic brain and head injuries may follow any serious contact to the head. These blows are so severe that they disrupt the normal function of the brain. The Centers for Disease Control and Prevention reports that there were 282,000 hospitalizations and 56,00 deaths related to traumatic brain injuries. Individuals aged 75 and older most frequently experience these types of injuries, but children are also particularly vulnerable. Motorcycle crashes also result in serious brain injuries, Fielding Law’s Taylorsville brain injury attorney will help you understand your rights and will seek a fair compensation for your injuries.
How Can a Brain Injury Attorney Help?
If you have any questions about your legal rights following a traumatic brain injury, schedule a free consultation with a Taylorsville brain injury Lawyer at Fielding Law. We can provide answers about issues such as assumed risk, whether proper supervision could be a factor in cases involving children, and how you can proceed moving forward should you desire. We also have access to medical experts who can testify regarding the extent of the injury and its impact on the victim’s short- and long-term well-being should your case warrant filing a personal injury claim.
Traumatic Brain and Head Injuries in Personal Injury Claims
Any personal injury that is the result of a person’s negligent actions warrants further investigation. This is especially true in cases involving children, as defendants whose negligent actions harm children may face additional charges.
car accidents, dog attacks, motorcycle accidents and slip and falls may cause a traumatic brain injury, and it is possible that your case may deal with products liability (for example, if an airbag fails to deploy or malfunctioning safety equipment causes an injury on the job). Premises liability is another area that may be relevant to this claim. If you suffered an injury as a customer because a landlord failed to repair an obvious hazard or because of a slip and fall at a grocery store, this may factor into your claim. A fatal blow to the head may also warrant a wrongful death claim.
How to Proceed With Your Claim
Traumatic brain injuries range in severity, from incidents that briefly knock a person out to long-term periods of unconsciousness. The changes to mental status in milder cases may actually be so subtle that they are hard to identify. However, even mild concussions and similar problems can have serious repercussions if a medical professional doesn’t properly diagnose and treat them. For this reason, you should take the following actions if you witness someone who may have suffered a traumatic brain injury:
Identify the injury
Any blow that has impacted or penetrated the head or caused the head to snap back may have resulted in a concussion – even if the symptoms don’t manifest immediately. The symptoms, which can last for several weeks, include headaches, memory loss, and confusion. You may also notice slurred speech, dizziness, delayed responses to questions, fatigue, and a dazed appearance. Ask the injured person if he or she remembers what happened, and check for the above-mentioned signs.
Seek medical attention
Any child or senior who experiences a blow to the head should go the doctor as soon as possible. Teenagers and adults should seek medical evaluation if they exhibit any symptoms following an injury. More serious issues, such as seizures or repeated vomiting, require emergency care.
Document the details of the injury
If the damages followed an auto accident, record the details of the collision as soon as safely possible. In the event of a traumatic brain injury, record the symptoms, when they began, their duration, and any new developments over time.
These actions are vitally important to the outcome of a personal injury claim. You may also need to work with insurance companies in the event of an automotive collision, and, if the accident is work-related, workers compensation and other elements and parties will impact your case.
Brain Injuries Frequently Asked Questions (FAQs)
What Types of Brain Injuries Are There?
Two main categories of brain injuries exist: acquired and traumatic. Within these two broad categories are many smaller brain injury types
An acquired brain injury (ABI) is one that results from internal damage to the brain, such as loss of oxygen or blood. ABIs occur after birth, and not as the result of a birth defect. ABIs can stem from birth injuries, drownings, suffocations, diseases, and infections.
A traumatic brain injury (TBI) is one that stems from external sources, such as bump or blow to the head. An external force such as an object striking the head can cause a TBI if it impacts the brain. A patient can suffer an open or closed TBI. An open TBI is one that fractures or punctures the skull and affects the brain, while a closed TBI does not breach the skull but still causes the brain to jolt, bounce around, or strike the inside of the skull.
The most common type of brain injury is a concussion. Concussions are TBIs that can range from mild to severe. Concussions can occur in car accidents, falls, sports incidents, and acts of violence. Other types of brain injuries include contusions (bruising of the brain tissue), anoxic brain injury (not enough oxygen), penetrating injury (something piercing the brain), and a diffuse axonal injury (the brain violently moving in the skull). All types of brain injuries are serious and require immediate medical attention.
If I’ve Suffered a Brain Injury, What Legal Claim Can I Bring?
Brain injuries are often catastrophic, meaning they have a lasting impact on the victim. Patients may never fully recover from the physical and cognitive effects of a brain injury. If someone else’s negligence caused the brain injury, the patient has the right to bring a legal claim in pursuit of damage recovery. The type of legal claim will depend upon the circumstances:
Personal injury claim
You might have a general personal injury claim if someone such as a violent criminal or drunk driver caused your brain injury. You can consult different lawyers depending on your claim, for example, truck accident lawyers or car accident lawyers.
Medical malpractice claim
If a doctor contributed to the injury (e.g., an anesthesia error resulted in an anoxic brain injury), you might have a medical malpractice claim.
You could have a claim against a property owner if he or she was negligent in preventing your accident, such as a slip and fall.
Each type of claim comes with unique laws, rules, and deadlines for filing. Contact our firm to find out exactly what type of legal claim you have the right to bring in Utah.
What Are the Long-Term Effects of Brain Injury?
One of the most devastating aspects of a serious brain injury is the high probability for long-lasting or permanent effects on the survivor. Severe brain injuries could cause long-term disabilities in the form of physical or motor skill impairments, cognitive difficulties, developmental delays, behavioral changes, memory loss, and difficulties with speech. A brain injury victim may never be able to fully recover, return to the job position he/she had before, or enjoy the same quality of life. Injuries this serious require serious legal representation.
Contact our personal injury lawyers at Fielding Law in Taylorsville, we are available 24/7 and offer free consultations.