Of all the harm that can come from a serious accident, traumatic brain damage is among the most dangerous and, unfortunately, often one of the hardest to detect. Traumatic brain injuries (TBI) can cause lifelong disabilities and cognitive impairment. Even mild concussions can result in serious consequences, especially if a person suffers multiple head injuries in succession.
A Papillion traumatic brain injury lawyer at Berry Law can provide customized and professional legal assistance after any accident. Work with a relentless catastrophic injury attorney at Berry Law to recover compensation for all past and future damages related to a TBI caused by another person’s negligence.
When Does a TBI Justify Civil Litigation in Papillion?
A person who sustains a TBI because of someone else’s carelessness must prove legal negligence to hold them financially liable for the resulting damages. A local attorney would need to establish the following criteria to prove the opposing party’s legal negligence in a severe head trauma case:
- A duty of care existed that obligated the defendant to act reasonably and safely under the circumstances
- The defendant acted recklessly in violation of their duty of care
- The defendant’s breach of care directly caused a preventable accident
- The accident in question resulted in a traumatic brain injury
Unfortunately, defendants in TBI cases often try to place blame on injured plaintiffs to avoid paying compensation. If a court finds that a plaintiff was partially responsible for causing their own head trauma, Nebraska Revised Statutes §25-21,185.09 mandates the reduction of any damage award the plaintiff receives in proportion to their assigned percentage of fault. This means that if you are 30% responsible for the accident that led to your head injury, you are only eligible for 70% of the entire compensation.
If an injured claimant is found 50% or more responsible for their own head trauma, they would be barred from recovering any damages whatsoever. For this reason, it’s often important to enlist the legal help of a skilled attorney. Berry Law’s diligent legal team can effectively contest claims of contributory negligence for a traumatic brain injury.
Recovering Damages for Traumatic Brain Damage
Moderate to severe TBIs are characterized by their long-term consequences in addition to their short-term effects. Physical damage to the brain does not heal the same way as injuries to other parts of the body. Specifically, serious external trauma to the head often leads to permanent cognitive deficiencies, dramatic changes the injured person’s personality, and even death.
Accordingly, anyone who suffers a TBI in an accident caused by negligence should seek compensation for losses they have already suffered (i.e. emergency medical expenses and missed wages), as well as those they expect to suffer in the future (i.e. rehabilitative care costs, diminished earning capacity, and the lifelong impact of any permanent disability). A well-versed Papillion lawyer can help determine what damages you may be entitled to recover in a settlement demand or civil lawsuit for a TBI.
Get in Touch with a Papillion Traumatic Brain Injury Attorney Today
After suffering any kind of head trauma, it’s important to seek medical attention as soon as possible to minimize long-term damage and so a healthcare professional can document your injuries. If you or a loved one suffered traumatic brain damage in an accident caused by someone else, connect with local legal counsel to start building your case for compensation.
An experienced Papillion traumatic brain injury lawyer can help you understand your legal options and take the best course of action on your behalf. Call Berry Law today to schedule a free consultation with an experienced brain injury attorney.