How much compensation is available for a brain injury depends on things like the severity of the injury, the potential long-term prognosis, and the cost of current and future medical expenses. Brain injuries can have a profound impact on an individual’s life, affecting their physical, cognitive, and emotional well-being. When a brain injury occurs due to the negligence of another party, the injured person may be entitled to compensation for their losses and damages. There are many types of brain injuries and a variety of factors that can influence this type of claim.
Reach out to a skilled brain injury lawyer near you today for legal assistance.
Types of Head Injuries and Brain Injuries
Head injuries can range from mild to severe, with varying effects on the brain. However, even “mild” brain injuries should be taken seriously. Any degree of head injury can impair judgment and perception. If not diagnosed properly, some brain injuries can worsen without medical attention, leading to serious health issues. Some common types of head injuries include:
- Concussions: A concussion is a mild traumatic brain injury caused by a blow or jolt to the head. Symptoms may include headache, dizziness, confusion, and memory problems.
- Contusions: A contusion is a bruise on the brain tissue, often caused by a direct impact to the head. Contusions can cause swelling and bleeding in the brain.
- Skull fractures: A skull fracture is a break in the cranial bone, which can be linear, depressed, or basilar. Skull fractures can lead to brain damage, especially if bone fragments penetrate the brain tissue.
- Diffuse axonal injury: Diffuse axonal injury occurs when the brain rapidly shifts inside the skull, causing widespread damage to the brain’s long connecting nerve fibers (axons). This type of injury can result in coma, brain damage, or death.
- Traumatic brain injury (TBI): TBI is a broad term encompassing various types of brain injuries caused by external force. TBIs can be classified as mild, moderate, or severe, depending on the extent of damage to the brain.
Consequences of Brain Injuries
Brain injuries can have far-reaching consequences on an individual’s life, including physical effects, cognitive effects, and emotional and behavioral changes. These can impact a person’s ability to focus, work, or complete daily tasks.
Depending on the area of the brain affected, physical consequences may include headaches, dizziness, fatigue, seizures, motor coordination problems, and sensory impairments. Cognitive issues may include memory loss, difficulty concentrating, problems with decision-making and problem-solving, and communication difficulties. Emotional and behavioral changes can manifest in symptoms such as irritability, anxiety, depression, impulsivity, and personality changes.
The consequences of brain injuries can significantly impact an individual’s ability to perform daily tasks, maintain relationships, and return to work, often leading to financial hardship. If a person sustained a brain injury due to the negligence of another, for example in a car accident or workplace accident, a brain injury lawyer may be able to help. A personal injury claim can help provide compensation for injuries and losses to relieve some of the financial impact.
Factors Affecting Compensation for Brain Injuries
The amount of compensation an injured person may receive for a brain injury depends on several factors:
- The severity of the injury: More severe brain injuries typically result in higher compensation due to the increased medical expenses, longer recovery times, and greater impact on the individual’s life.
- Long-term prognosis: Compensation may be higher if the brain injury is expected to have long-lasting or permanent effects on the individual’s health and ability to work.
- Medical expenses (past and future): Compensation should cover past medical expenses related to the brain injury, as well as estimated future medical costs for ongoing treatment and care.
- Lost wages and earning capacity: If the brain injury prevents the individual from working or reduces their earning capacity, compensation may include lost wages and future loss of income.
- Pain and suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can also be included in compensation for brain injuries. A personal injury lawyer can help calculate the value of these more intangible losses.
- Liability and negligence of the responsible party: The clearer the liability and negligence of the responsible party, the stronger the case for compensation.
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Filing a Personal Injury Claim for a Brain Injury
If an individual suffers a brain injury due to the negligence of another party, they may be entitled to file a personal injury claim to seek compensation for their damages. There are many steps in the claims process where an experienced personal injury lawyer can make a difference. These include investigation, gathering evidence, filing necessary paperwork to meet legal deadlines, negotiation, and representation at trial.
A lawyer can evaluate the evidence and circumstances surrounding the brain injury to determine the likelihood of a successful claim. The success of a personal injury claim often hinges on proving that the responsible party was negligent and that their negligence directly caused the brain injury.
To support a personal injury claim, the injured person should gather evidence such as medical records, witness statements, and accident reports. A lawyer can help with this process. Personal injury lawyers have the resources and experience to gather and preserve crucial evidence to support the claim. Lawyers can also consult with medical experts to establish the extent of the brain injury and its long-term effects on the individual’s life.
Insurance companies may attempt to settle brain injury claims quickly and for less than the injured person deserves. Personal injury lawyers are skilled negotiators who can advocate for fair compensation from insurance companies.
If negotiations with insurance companies are unsuccessful, the injured person may need to file a lawsuit to pursue compensation. A personal injury lawyer can represent their interests in court.
Contact Berry Law for a Brain Injury Claim
Brain injuries can have a devastating impact on an individual’s life, and when these injuries occur due to the negligence of another party, the injured person may be entitled to compensation. By understanding the types of brain injuries, their consequences, and the factors affecting compensation, individuals can better navigate the legal process of seeking the support they need and deserve.
Consulting with an experienced personal injury lawyer is crucial in ensuring that the injured person’s rights are protected and that they receive fair compensation for their losses and damages. Berry Law can help. Our firm has a successful track record of representing people with brain injuries to secure them the compensation they need. To schedule a consultation, individuals can call the law firm at (402) 466-8444 or contact us online.
