Summary
- Traumatic brain injuries can have wide-ranging effects on your physical, mental, and emotional health.
- Common causes include motor vehicle collisions, slip and falls, and workplace accidents.
- Due to the cost and complexity of treating traumatic brain injuries, insurance claims or lawsuits can be difficult to navigate.
- Working with a traumatic brain injury lawyer can help you secure the compensation you deserve.
Why Trust Werner, Hoffman, Greig & Garcia?
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Whether it’s a defective pacemaker, a faulty implant, or a malfunctioning surgical device, we’re ready to take on any challenge. We’re here to ease your stress and guarantee your rights are safeguarded.
Traumatic brain injuries are sometimes referred to as an “invisible epidemic,” affecting over one million Americans every year. These injuries can have major impacts on victims, and many are left dealing with permanent disabilities. Few types of injury have greater potential to affect your quality of life.
If you’ve suffered a traumatic brain injury, you may feel like your struggles are invisible from the outside. The traumatic brain injury lawyers at Werner, Hoffman, Greig & Garcia have your back. We understand how these injuries change lives, and we’re committed to defending the rights of those who suffer from TBIs.
What is a Traumatic Brain Injury?
When the head suffers an external force great enough to disrupt the normal functioning of the brain, this is known as a traumatic brain injury, or TBI. These can be either mild, like most concussion injuries, or serious and may cause a lasting impact on your physical, emotional, and cognitive health.
Traumatic brain injuries may result in primary injuries, which affect the victim immediately, or secondary injuries, which emerge later. The potential for complications down the line is one of the reasons that TBIs can be especially tricky to deal with.
Symptoms like nausea, blurred vision, or loss of consciousness could be signs of a TBI, and you should seek medical attention immediately. Even if you feel fine, it may still be a good idea, as symptoms can emerge later. Prompt medical attention can catch injuries before they worsen. If you believe another party is at fault for your injury, medical records will be crucial evidence if you decide to seek compensation.
Causes of Traumatic Brain Injuries
Causes of traumatic brain injuries are diverse and vary between genders and age groups, but motor vehicle accidents, slip and falls, and workplace injuries are among the most common.
Motor Vehicle Accidents
According to the CDC, motor vehicle accidents are the primary cause of TBIs, particularly among younger Americans. Though modern cars have come a long way in terms of occupant safety, the forces involved in a collision are still considerable.
Slip and Falls
Slipping and falling is the primary cause of TBIs amongst the elderly. Reduced coordination can make navigating slippery or uneven surfaces difficult, and older Americans are more likely to have health conditions that may make traumatic brain injury symptoms worse.
Workplace Injuries
Workplace accidents often result in traumatic brain injuries, particularly in certain professions like construction and the military.
It can be difficult to tell which head injuries need a few days at home and which need more intense treatment, and many workers end up returning to work too soon, resulting in further complications.
Most on-the-job injuries are compensated through the workers’ compensation process rather than a personal injury claim. Brain trauma workers’ compensation lawyers have the specialized skills needed to secure benefits successfully.
Other Personal Injury Accidents
Many other personal injury accidents can result in traumatic brain injuries, including:
- Sports injuries
- Explosive blasts
- Domestic violence
Whatever type of accident you suffered, consider getting in touch with a traumatic brain injury lawyer to see if you may be able to recover damages.
Negligence and Liability in Traumatic Brain Injury Lawsuits
If you believe another party is responsible for your TBI, you may be considering hiring a traumatic brain injury lawyer and filing a lawsuit. To secure compensation, you need to establish that the responsible party truly is liable for your damages, often by proving negligence on their part.
Negligence means they haven’t acted with the level of care that a reasonable person would take under the circumstances. There are four main criteria:
- They had a duty to provide a certain level of care
- They failed to uphold that duty
- You suffered harm
- That harm was caused by their actions
For example, a truck driver might be negligent if they’ve failed to follow safe driving practices, lost control of their vehicle, and injured you as a result.
Compensation and Recovery for TBI Victims
If you’ve suffered a traumatic brain injury, you may also be facing significant financial strain as a result. If your injury is the result of someone else’s negligence, you may be entitled to significant compensation for your damages. You can seek damages, including:
Medical Expenses
A traumatic brain injury (TBI) often requires extensive and ongoing medical care, which can lead to overwhelming financial burdens.
These expenses may include emergency room visits, diagnostic tests like MRIs or CT scans, hospital stays, and specialized treatments. Surgical interventions, physical therapy, and cognitive rehabilitation are common for individuals recovering from moderate to severe TBIs.
Additionally, many TBI victims need assistive devices, such as wheelchairs, or modifications to their homes to accommodate new physical limitations. Long-term care, including nursing assistance or frequent follow-up appointments with neurologists or other specialists, may also be necessary.
Compensation for these costs ensures victims can access the care they need without sacrificing their financial stability.
Lost Wages
Sustaining a TBI can leave you temporarily or permanently unable to work, leading to a significant loss of income.
This impact extends beyond your immediate salary and can include lost opportunities for bonuses, promotions, and career advancement.
In cases of severe injury, the inability to return to work might necessitate a career change or early retirement, further exacerbating financial difficulties.
A TBI claim can seek to recover these lost wages as well as the future income you would have earned had the injury not occurred. These damages help provide financial support while you focus on recovery and adapting to your new circumstances.
Pain and Suffering
Traumatic brain injuries can result in profound and lasting physical pain, including chronic headaches, nerve pain, and other debilitating symptoms.
Beyond physical discomfort, TBIs often lead to emotional turmoil, such as anxiety, grief, or the loss of enjoyment in daily life.
Pain and suffering compensation acknowledges these intangible losses, considering factors like the severity of your injury, the length of recovery, and how the TBI affects your quality of life. These damages provide a means to address the non-economic consequences of your injury, ensuring you’re compensated for the profound disruption it has caused to your personal well-being.
Emotional Damages
Unlike pain and suffering, which focuses on the broader impacts of a TBI, emotional damages highlight the specific and often overlooked mental health challenges that result from such injuries.
Traumatic brain injuries can lead to conditions like depression, anxiety, and post-traumatic stress disorder (PTSD). Victims may also experience significant cognitive and behavioral changes, including mood swings, memory problems, and difficulty concentrating, which strain personal relationships and independence.
Compensation for emotional damages reflects the long-term psychological impact of your injury, helping cover costs for mental health treatment, counseling, or therapy and providing recognition for the emotional toll TBIs can inflict.
The Complexity of Traumatic Brain Injury (TBI) Cases
Traumatic brain injury (TBI) cases present unique challenges due to the intricate nature of the injury, its impact on the victim’s life, and the legal and medical considerations involved. Below are key factors that highlight the complexity of TBI cases:
1. Invisible Disposition of the Injury
Unlike fractures or visible wounds, TBIs often lack outward signs, making them harder to diagnose and prove. Symptoms like memory loss, mood swings, or cognitive impairments may not appear immediately, requiring extensive medical evaluation to establish the connection between the injury and the incident.
2. Wide Range of Symptoms
TBIs vary significantly in severity, from mild concussions to severe brain damage. Victims may experience physical symptoms (headaches, dizziness, seizures), cognitive challenges (memory loss, difficulty concentrating), and emotional effects (depression, anxiety, PTSD). The breadth of these symptoms complicates both diagnosis and the calculation of damages.
3. Long-Term Effects
The consequences of a TBI can last a lifetime, affecting a victim’s ability to work, maintain relationships, or perform daily activities. Estimating future medical costs lost earning capacity, and quality of life adjustments requires detailed expert testimony and actuarial projections.
4. Medical Evidence and Expert Testimony
Proving a TBI case often involves extensive medical records, imaging studies like MRIs or CT scans, and input from neurologists, neuropsychologists, and other specialists. Expert testimony is critical to explaining the injury’s impact, particularly when it involves complex medical jargon.
5. Insurance Company Challenges
Insurance companies may downplay the severity of a TBI, arguing that symptoms are unrelated to the accident or preexisting. Overcoming these defenses requires strong legal advocacy, comprehensive evidence, and a thorough understanding of insurance tactics.
6. Determining Non-Economic Damages
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective and difficult to quantify. Attorneys must effectively convey the profound personal toll a TBI has on a victim to secure adequate compensation.
7. Impact on Families
TBIs not only affect the victim but also their loved ones. Caregivers may face financial and emotional burdens, and relationships may strain under the weight of the injury. These factors must be considered in determining the full extent of damages.
8. Need for a Multidisciplinary Approach
Handling a TBI case requires collaboration between legal, medical, and financial professionals. Attorneys must work with medical experts, vocational rehabilitation specialists, and life care planners to build a comprehensive case.
What It Means To Work With Us
Being a client of Werner, Hoffman, Greig & Garcia means more than just having a lawyer—it means becoming part of a compassionate and supportive community dedicated to advocating for your rights. Our team listens attentively, understands your unique situation, and prioritizes your needs throughout the process. With WHG, you’re not just a case number—you’re a person deserving of respect, dignity, and outstanding legal representation.
How WHG Can Help You Get Back on Your Feet
If you or a loved one has suffered a traumatic brain injury, you already have a lot to deal with. Recovery can be a difficult process. The last thing you want to worry about is navigating the complexities of the legal system while pursuing a lawsuit.
The traumatic brain injury lawyers at Werner, Hoffman, Greig & Garcia can take care of your case by:
- Helping you understand your legal rights
- Investigating your accident
- Gathering evidence
- Negotiating with insurance companies
- Filing a lawsuit
- Representing you in court
We will fight to defend your rights and secure the compensation you deserve while you focus on your family and your recovery.
WHG’s Brain Injury Lawyers Are Ready to Help You Today
FAQs about Brain Injury Claims
Navigating through filing a claim can be challenging, but the experienced team at Werner, Hoffman, Greig & Garcia is here to provide the guidance and support you need during this complex legal process.
How do I know if I have a valid legal claim for a traumatic brain injury?
With the complexity of traumatic brain injuries, it can be difficult to tell if you have a valid legal claim. The best way to check is by getting in touch with an experienced traumatic brain injury lawyer. We can evaluate your case and let you know how to proceed.
How long do I have to file a TBI case?
In general, you have about two years from the date of injury to file a TBI claim, though the specifics may vary from state to state. Other factors may affect the deadline as well, like if you’re a minor.
How much will my TBI settlement be?
Your TBI settlement depends on the severity of your damages, like medical expenses, lost wages, pain and suffering, or reduction in quality of life.
With the complexity of traumatic brain injuries, it can be difficult to tell if you have a valid legal claim. The best way to check is by getting in touch with an experienced traumatic brain injury lawyer. We can evaluate your case and let you know how to proceed.
In general, you have about two years from the date of injury to file a TBI claim, though the specifics may vary from state to state. Other factors may affect the deadline as well, like if you’re a minor.
Your TBI settlement depends on the severity of your damages, such as medical expenses, lost wages, pain and suffering, or a reduction in quality of life.
