The long-term effects of brain injuries impair cognitive, physical, and emotional functioning in the body.
Berry Law brain injury attorneys have seen firsthand how these injuries devastate accident survivors and their families.
We aim to empower accident survivors with knowledge of their legal rights and potential remedies in such situations.
With a strong understanding of the legal system, survivors can better navigate their options with the help of our experienced Omaha personal injury attorneys.
What Causes Brain Injuries?
Car Accidents
Whether it’s a rollover on the I-80 or a rear-end collision in a residential area, car accidents are one of the leading causes of brain injuries.
The force of impact during a car accident can cause the brain to hit against the skull or be jolted around inside the head, damaging brain tissue.
Truck Accidents
A commercial truck’s size and weight significantly magnifies the impact force during an accident, resulting in catastrophic brain injuries for both the truck driver and any other involved parties.
Motorcycle Accidents
All motorcycle riders have a high risk of sustaining a head injury in the event of an accident.
Those who don’t wear a helmet are more than two times more likely to suffer a traumatic brain injury.
With the lack of protection surrounding the rider, even a minor motorcycle accident can result in life-changing brain damage.
Pedestrian Accidents
Pedestrians have virtually zero protection in a collision, making them particularly vulnerable to sustaining brain injuries, even from low-speed collisions.
Whether from direct impact or a fall after being struck by a vehicle, pedestrians face catastrophic risks to their brain health after an accident.
Bicycle Accidents
Often riding closer to the road and without any protective barriers, bicyclists can suffer severe brain injuries in accidents involving motor vehicles.
The lack of protection for the head and face makes them particularly susceptible to sustaining brain injuries that leave them paralyzed or unable to return to their daily activities.
Slip-and-Fall Accidents
The physics of a slip and fall increases the force at which the head hits the ground, resulting in devastating and often fatal brain injuries.
This is especially true for older adults, who are more likely to suffer a slip-and-fall accident due to balance and mobility issues.
How Do I Know If I Have a Brain Injury after an Accident?
Are All Brain Injuries the Same?
Only a medical professional can and should diagnose a brain injury. Possible brain injuries medical professionals may diagnose include the following:
- Concussion: A mild brain injury resulting from impact, shaking, or a blow to the head. Symptoms can include headaches, dizziness, and memory loss.
- Contusion: A bruise or bleeding on the brain caused by direct impact. Symptoms depend on the location and severity of the contusion and may include nausea, difficulty speaking, and loss of coordination.
- Coup-contrecoup: This refers to two injuries on opposite sides of the brain caused by a sudden, severe impact. Symptoms may include confusion, vision disturbances, and changes in mood or behavior.
- Diffuse Axonal: A traumatic injury that causes widespread damage throughout the brain. Symptoms can range from temporary loss of consciousness to coma and permanent cognitive impairment.
- Penetration: A brain injury caused by an object penetrating the skull and damaging brain tissue. Symptoms may vary depending on the location and severity of the injury.
Just because a brain injury is categorized as mild does not mean it should be taken lightly. Any head injury, no matter the severity, can have long-term effects on an individual’s physical and mental abilities.
What Are the Symptoms of a Brain Injury?
Brain injuries aren’t always immediately apparent. Though a doctor will be able to provide a proper diagnosis, initial warning signs of a brain injury may include the following:
- Loss of consciousness
- Headache
- Confusion or disorientation
- Dizziness or loss of balance
- Memory loss or difficulty remembering events before the injury
- Nausea or vomiting
- Slurred speech or difficulty speaking coherently
Many accident survivors understand these initial warning signs require medical attention.
However, it doesn’t put a stop to the long-term effects of the injury, including but not limited to:
- Cognitive impairment. Survivors often struggle to concentrate, remember things, and complete analytical tasks they could easily do before the injury. As a result, they develop mental conditions like depression, anxiety, and post-traumatic stress disorder (PTSD).
- Physical impairment. A brain injury can severely limit an individual’s physical abilities, making it difficult to perform daily tasks and maintain a job. Physical impairments also compound the mental strain of transitioning to a new way of life after an injury.
- Behavioral changes. Many survivors develop behavioral problems that are entirely out of character for them, becoming aggressive, apathetic, or impulsive. These changes damage family bonds, diminish quality of life, and often force accident survivors into social or physical isolation.
- Medical complications. Science is still discovering the relationship between brain injuries and other medical issues but has established a strong correlation. When neurological damage occurs, it may cause other health complications like seizures, migraines, and a higher risk of developing dementia or Alzheimer’s disease.
This list is far from exhaustive. However, it does highlight the burdens a brain injury causes accident survivors and their families.
Berry Law believes that by helping injured parties and their families understand what’s at stake, they can take the right legal steps to receive maximum compensation for damages.
How Much Is My Brain Injury Case Worth?
Economic Damages of Brain Injuries
Economic damages are measurable losses, such as medical expenses and lost wages. With brain injury claims, these may include the following:
- Emergency medical care
- Hospitalization costs
- Rehabilitation therapies (physical, occupational, speech)
- In-home care
- Medications for pain management or other symptoms
- Assistive devices (wheelchairs, walkers, etc.)
- Lost wages from missed work
- Reduced earning capacity due to long-term or permanent disability
Accurately assessing the total of these damages requires in-depth knowledge of brain injuries and their effects. Berry Law works with medical experts and financial professionals to calculate economic damages accurately.
Non-Economic Damages of Brain Injuries
Accident survivors could recover compensation for more than expenses and tangible economic losses.
Many states afford accident survivors the ability to reclaim compensation for non-economic damages, including but not limited to:
- Physical pain and suffering
- Emotional distress, including depression, anxiety, and PTSD
- Loss of enjoyment of life
- Loss of consortium (relationships with family members)
Because non-economic damages don’t have a specific dollar amount attached, they can be more challenging to negotiate in court.
However, many states, including Nebraska and Iowa, have no caps on non-economic damages, allowing accident survivors and their families to receive appropriate compensation for intangible losses.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
How Do I Know If I Have a Valid Brain Injury Claim?
Criteria considered for an accident-related head injury occurring within the statute of limitations include the following:
- The cause of the injury, such as a car accident, workplace accident, or assault
- The severity and type of brain injury
- Medical records related to the injury and its treatment
- Impact on daily life and ability to work
Multiple factors could affect a case’s statute of limitations, ultimately affecting the validity of even the most righteous claims. The moment head injuries are identified after an accident, it is essential to contact a personal injury lawyer.
Waiting too long could jeopardize the ability to receive compensation for damages.
How Can a Brain Injury Lawyer Help?
Berry Law believes that there are no victims in the legal system, only warriors.
As warfighters themselves, Berry Law attorneys approach each case with a strategic mindset that considers the following:
- Upfront medical costs. Even for the insured, the rising cost of medical care can create long-term financial consequences for accident survivors. With national averages for emergency brain treatment exceeding $250,000 and initial hospitalization costing just as much, a brain injury attorney can help pursue maximum compensation to avoid immediate financial ruin.
- Lifetime care costs. It is difficult to think about future financial obligations when the immediate need for care is so urgent. However, it’s essential to consider a survivor’s long-term needs and how they may impact their ability to work and support themselves or their families. Berry Law considers these costs and always seeks appropriate compensation for future care.
- Lost earning potential. Even the most minor brain injury can result in a loss of employment, reduced earning capacity, or even permanent disability. Berry Law’s experience with civilian and military clients helps them understand the value of lost earning potential for accident survivors and seek compensation accordingly.
- Personalized legal strategies. No two brain injury cases are alike, and each requires a unique approach to pursuing maximum compensation. Berry Law takes the time to understand each client’s circumstances, developing a personalized legal strategy tailored to their needs.
- Comprehensive and compassionate legal support. Brain injuries can significantly impact an entire family, not just the harmed person. Berry Law’s attorneys are dedicated advocates for both the survivor and their families, ensuring they receive the support and compensation they need during this difficult time.
Considering the long recovery time, potential lifelong consequences, and emotional toll a brain injury can take on an individual and their loved ones, it’s crucial to have a knowledgeable and experienced brain injury lawyer who understands the complexities of these cases. Otherwise, injured parties and their families may be left wholly uncompensated for their losses and struggles.
Long-Term Effects of a Brain Injury FAQ
How long do I have to file a brain injury claim?
The statute of limitations for filing a brain injury claim varies by state and the type of accident. In Nebraska, it’s typically four years from the date of the injury, while in Iowa, it is two years. It’s best to consult with a brain injury lawyer as soon as possible to ensure a claim or lawsuit is filed appropriately.
Should I get a second opinion about my brain injury?
There is no room for doubt or concern when a brain injury is suspected. The more medical professionals involved in evaluating and treating the injury, the better the chance of gaining a thorough understanding of its severity, thereby bolstering a legal case for compensation.
How long does it take to settle a brain injury claim?
The time frame for settling a brain injury claim can vary greatly depending on the case’s complexity and whether it goes to trial. Some cases may settle within months, while others could take years. An experienced brain injury lawyer can provide a more accurate estimate based on the specifics of an individual case.
Berry Law | Minimize Long-Term Effects of a Brain Injury with Maximum Compensation
There is no doubt about it – the short and long-term effects of a brain injury are significant and have a lasting impact on an individual and their family.
However, with the help of a knowledgeable and experienced brain injury lawyer, accident survivors can receive the compensation they deserve to help lessen the financial burden and support their long-term recovery.
At Berry Law, our team of attorneys is committed to advocating for individuals who have suffered a brain injury due to someone else’s negligence or wrongdoing.
With a track record of success and experience in handling complex brain injury cases, we understand the unique challenges and consequences of these cases.
Schedule a no-obligation consultation with our brain injury lawyers online or at 402-466-8444.
