Filing a Personal Injury Claim Due to a Traumatic Brain Injury



A sudden, uncontrolled fall can result in damage to the brain in the form of traumatic brain injury or TBI. These kinds of injuries can include incidents where the skull is pierced and the brain is damaged, or when the head is struck by an object or hits an object with great force. Traumatic brain injuries can be mild to severe and those who suffer from them can experience a wide range of symptoms, many of which can be quite debilitating and even permanently disabling.

The effects of a traumatic brain injury are very rarely reversible. Most people who sustain a TBI injury will live with symptoms the remainder of their lives. In moderate and severe cases, symptoms may worsen over time, resulting in even more pronounced mental and physical limitations. Surgery is often required soon after the injury occurs in order to alleviate life-threatening pressure that builds up inside the cranium, and ongoing medical care and daily supportive care are typically required as well.

If you’ve suffered a traumatic brain injury as a result of a work-related or other accident, such as a car crash, slip and fall, or other incident, you can file a personal injury law suit against the individual or organization responsible for your injury. Seeking financial compensation for the damages you’ve suffered can be a means of paying for medical care and other ongoing expenses associated with your condition.

Proving Your Traumatic Brain Injury Personal Injury Claim

Proving any personal injury claim requires you show a third part was at fault for the injuries you suffered and that you played no direct part or significant role in your own injuries. In other words, you must establish causality in the case and link the cause of the incident directly to a third party, showing they are in fact responsible for the incident and the resulting damages.

Traumatic brain injuries can result from a variety of causes. Car accidents, slip and fall incidents and accidents where individuals are struck by falling objects are among the most common. The manner in which you prove liability for your personal injuries will depend on what sort of incident resulted in traumatic brain injury for you. The type of documents and the extent of substantiating evidence for your claim will be determined by how the injury occurred.

For example, if your TBI resulted from a car accident, you will need to prove the other driver or drivers of the vehicle(s) involved in the accident were at fault for the collision. Likewise, you will need to prove you did not contribute to the accident or were not partially at fault for the collision in order to see a larger potential payment of damages in your case.

Medical documentation linking your condition to the accident is also required. All of the medical records associated with your injuries and ongoing medical treatment will be needed to prove your personal injury claim. Documentation associated with lost work time and loss of wages, residential or other short or long-term care, and other financial considerations resulting from your injuries will also be among the required evidence for supporting your claim.

There are additionally non-economic damages that can be included in a personal injury claim. These include more abstract and harder to quantify concepts, like loss of future earnings ability, loss of life enjoyment, and loss of consortium, which refers to the loss of aspects of the spousal relationship. Compensation can be awarded in personal injury claims in an effort to “off-set” the “costs” of these other non-economic damages. Compensation in such cases is intended to be a measure of recompense for the losses suffered by the victim and certain of his or her family members.

Your Traumatic Brain Injury Personal Injury Case

Whether you’re filing a personal injury claim for yourself or on behalf of a family member whose injuries are so severe they are unable to pursue legal action themselves, you will need the support and clarity a traumatic brain injury lawyer can provide. Not only can a personal injury lawsuit add stress to an already difficult situation, undertaking a lawsuit successfully requires substantial knowledge and legal expertise.

A personal injury lawyer accustomed to handling traumatic brain injury cases can remove much of the stress from the process. He or she will evaluate your case, determine if it’s viable, and if so, can assist you in collecting the required documentation for proving your claim. A traumatic brain injury attorney can also negotiate a settlement or handle your case if it proceeds to trial, all while keep your best interests in sight and attempting to get you the largest award of damages possible given the particular circumstances of your case.