When someone suffers a traumatic brain injury (TBI) due to the recklessness or negligence of another, a Lincoln traumatic brain injury lawyer could help him or her pursue recourse against the at-fault party. If you are facing the consequences of a traumatic brain injury, a knowledgeable injury attorney could assist you with your case.
A well-versed attorney from Berry Law could fully examine the causes of your injury and offer you advice on your legal options. They could then guide you through the process and give your claim the best chance of success.
What is a Traumatic Brain Injury?
A traumatic brain injury is a severe brain injury stemming from external trauma to the head. Several types of accidents can result in blunt force trauma to the head. Some of the most common causes include falls, work-related accidents, motor vehicle collisions, and being struck by a moving object, often associated with playing sports.
Physical symptoms of TBI may include loss of hearing, dizziness, fatigue, blurred vision, coordination problems, brain fog, and impaired memory. Someone who is suffering from the symptoms of a traumatic brain injury could also experience many emotional side effects, such as:
- Sadness and depression
- Mood swings
A TBI can also lead to significant changes in your personality. While some brain injuries like mild concussions may only have short-term effects, others could result in severe, long-lasting impairment. It is crucial to be aware of these symptoms, but only a medical professional can diagnose a TBI. After an accident, it is best to seek medical attention immediately.
The next step should be consulting a skilled attorney. When your damages are caused by another person’s negligence, a traumatic brain injury lawyer in Lincoln could help you seek compensation for your losses.
Potential Limitations to Legal Claims in Lincoln
Lincoln’s modified comparative negligence law permits traumatic brain injury victims to file a lawsuit against those responsible, even if they were partially to blame for the accident. Nebraska Revised Statutes §25-21, 185.09 makes it possible for the injured individual to recover the percentage of damages he or she is not responsible for. However, this caveat only applies if they are found to be 50 percent or less at fault for his or her injury.
It is also important to note that Nebraska law generally provides traumatic brain injury victims up to four years from the date the accident occurred to bring a lawsuit against the responsible parties. Depending on the specific circumstances, there could be exceptions if you did not discover your injury until a later time.
Potential Recoverable Damages for a TBI
A Lincoln attorney could help a TBI victim recover the following damages for his or her injury:
- Medical expenses, including any future medical bills stemming from the injury
- Lost income
- Lost future earning potential
- Loss of enjoyment of life
- Mental distress
- Pain and suffering
- Loss of companionship or consortium
When the negligent party’s actions are particularly egregious, the court may order the defendant to pay punitive damages in addition to the other financial recovery awarded. Punitive damages are designed as a way to punish the at-fault party for their grievous wrongdoing and discourage any future reckless or negligent acts.
Speak with a Lincoln Traumatic Brain Injury Attorney
The laws governing TBI cases in Nebraska can be highly complex. However, a diligent Lincoln traumatic brain injury lawyer who frequently deals with these claims could help you navigate the legal process. Call today to schedule a consultation and learn how an injury attorney could help.