Traumatic brain injuries (TBIs) are among the most severe injuries that you can experience, and in some cases, the damage may be permanent. If you or a family member have suffered a TBI in an accident caused by someone else’s negligence or carelessness, an Omaha brain injury lawyer might help you recover compensation for your injury-related losses.
Brain injuries can be caused from a variety of circumstances. They may be the result of severe blows to the head, like in severe car accidents or other incidents caused by negligence. Victims of these devastating injuries should consider filing personal injury claims against the responsible parties. A detail-oriented catastrophic injury attorney could help you determine whether you can seek compensation for your injuries.
The attorneys at Berry Law have unique experience with traumatic brain injuries and have helped hundreds of military Veterans fight for compensation after brain injuries incurred during military service. We use this experience and knowledge to help Omaha residents obtain compensation for TBIs resulting from accidents that occurred in Nebraska.
What are Traumatic Brain Injuries?
Traumatic brain injuries often result from a physical blow to the head. The results can include impairment to cognitive abilities and bodily functions, and the severity of these impairments can vary widely. Even mild TBIs or concussions can cause long-term damage, especially if the person sustains repeated injuries such as during contact sports. The severity and repetition of the impacts can determine how devastating the cognitive or physical impairment may become.
The prognosis for traumatic brain injuries also depends on how quickly you seek medical help and how you keep up with treatment. Only time can heal these injuries, and in some cases, the damage may be irreversible. TBIs can lead to permanent impairment, both cognitive and physical. In the most severe cases, someone with a severe TBI may require constant care.
Depending on the nature of the accident that led to your injuries, you may be entitled to compensation from the negligent person responsible for causing the collision. A brain injury lawyer in Omaha could help you fight for the compensation you are entitled to if you have suffered these devastating injuries after an accident.
5 Major Types of Traumatic Brain Injuries
There are five general categories of traumatic brain injuries. While not every brain injury will fit neatly into a specific category, most brain injuries are classified as concussions, diffuse axonal injuries, coup-contrecoup injuries, contusions, and penetrating brain injuries.
A concussion occurs when a force impacts the head in a way that severely jolts the brain. This jolt damages the tissue in the brain. Concussions are not only the most common form of TBI, but they are also considered to be the least severe. However, a concussion may still have lasting consequences. Depending on the circumstances, a severe concussion could lead to permanent medical issues.
Diffuse Axonal Injuries
A diffuse axonal injury—more commonly referred to as DAI—is similar to a concussion in many ways. Like a concussion, a DAI results from a sharp impact to the head. This injury differs from a concussion in how the impact damages the brain. A DAI involves a blow severe enough to strain and tear the nerves that connect the brain to the spinal cord.
A coup-contrecoup brain injury is essentially two TBIs at once. During a coup-contrecoup injury, the brain suffers damage from an impact to one side of the skull that causes the brain to shift inside the head, striking the other side of the skill. This second impact results in an injury to the other side of the brain.
Contusions are more commonly referred to as brain bruises. Despite the benign-sounding name, a bruise on the surface of the brain could be fatal if left untreated. Brain contusions involve injuries that cause bleeding beneath the surface of the brain. While a contusion could heal on its own, surgical intervention is often necessary.
Penetrating Brain Injuries
Unlike the other TBIs, penetrating brain injuries do not result from blunt force trauma. These injuries involve a penetrating wound that directly damages the brain itself. The most common example of a penetrating brain injury is a gunshot wound.
The seasoned attorneys at Berry Law can help you fight for compensation for the losses related to your specific type of brain trauma.
What are the Signs and Symptoms of TBIs?
While some TBIs are immediately apparent, others do not arise until hours, days, or weeks after an accident. As a result, it’s important to seek medical attention following an accident or a blow to the head, even if you do not believe any injuries occurred.
Unfortunately, many people ignore the symptoms, and brain injuries can go undiagnosed for a long time. Some of the most common signs and symptoms of traumatic brain injuries include:
- Extreme fatigue
- Sensitivity to light and sound
- Memory loss
- Inability to concentrate
- Visual disturbances
If a brain injury is undiagnosed for some time, the injury may become more severe. After seeking medical attention to treat a brain injury, you should speak with an experienced personal injury attorney from Berry Law to protect your legal rights.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
What Potential Compensation Can an Omaha Brain Injury Attorney Request For You?
Because traumatic brain injuries are such serious medical conditions, the amount of compensation you seek in a lawsuit or settlement should reflect the full scope of your injuries. In a legal claim, you can pursue compensation for both economic and non-economic losses.
Economic losses are the monetary costs resulting from an injury. This type of loss includes any out-of-pocket expenses related to the accident. In a legal claim, you might pursue compensation for financial losses such as medical expenses, lost income, or property damage. You and your attorney can establish the extent of your monetary losses by gathering documentary evidence such as bills, receipts, and invoices.
Non-economic losses are the emotional, psychological, and quality of life losses you have experienced due to the accident. Pursuing compensation for non-economic losses can be difficult, as subjective losses are difficult to quantify. Some of the most common examples of this type of compensation include pain and suffering, disability, and loss of consortium.
The medical treatment required for most brain injuries can be costly. In addition to emergency medical care, you may require in-home care, long-term physical therapy, and prescription drugs for pain management. Consequently, medical expenses are generally the basis for any traumatic brain injury claim.
Your treatment can vary depending on the symptoms you exhibit following the accident. Many TBI symptoms only manifest in the weeks or months that follow the injury, which can make diagnosing the condition difficult.
The longer it takes for you to get proper medical treatment, the worse your injury may become. Delayed discovery of the injury could significantly increase the amount of money you must spend on medical care in the future. When filing suit against the at-fault party, it is critical that we calculate all your past, current, and future medical expenses.
Lost Income and Diminished Future Earnings
One of the hardest parts of coping with a traumatic brain injury is the potential loss of income that comes with it. Many people who suffer from TBIs are unable to return to work for weeks, months, or even longer. Fortunately, a successful personal injury lawsuit could recoup the lost earnings you faced due to your injury. You could use your employment records and past pay stubs to establish the amount of lost wages you are entitled to recover.
In some cases, you may not be able to return to the same job you held prior to the accident. You might be forced to take a job with a lower salary or stop working altogether. In situations such as these, you can seek compensation for your diminished future earning power.
Pain and Suffering
A common form of non-economic compensation claimed following a TBI is physical pain and suffering. Traumatic brain injuries have the potential to cause severe short-term pain. Many TBIs also involve nerve damage that can lead to chronic pain that lasts a lifetime.
Many traumatic brain injuries result in lasting health complications that are so severe that they require a lifetime of care. Ordinary tasks could suddenly become overwhelming for some people. Anything from daily household chores to transportation could suddenly be out of reach if you are dealing with a TBI. Partnering with a skilled brain injury lawyer in Omaha on your traumatic brain injury lawsuit can improve your chances of recovering compensation for all these past and future losses.
What is the Statute of Limitations in Omaha Claims?
All lawsuits are subject to a statute of limitations, the law that sets the window of opportunity for injured people to file their lawsuits. Nebraska personal injury actions are subject to the statute of limitations found in Neb. Rev. Stat. § 25-207. Failure to file within the prescribed timeframe can destroy your chance to pursue a personal injury claim. You can avoid missing this deadline by speaking with a lawyer as soon as possible after suffering severe head trauma.
Contact an Omaha Traumatic Brain Injury Attorney at Berry Law Today
Treatment of traumatic brain injuries can be lengthy, costly, and ultimately challenging. Your prognosis for a TBI may be uncertain, which can make your ability to return to work and your normal activities in the future unclear. An experienced Omaha traumatic brain injury lawyer at Berry Law could assess your circumstances and develop a strong injury claim on your behalf. Contact Berry Law today for a free consultation to understand your legal rights and options.