In a moment, a brain injury can change your life forever. One sudden impact or sharp jolt of your head can cause a traumatic brain injury (TBI) that can cost you many of your functions and abilities.
You or your family will need all the financial compensation that you can obtain to cover the costs of a brain injury. First, you need to prove that someone else was negligent. Then, you would need to fight to get full and fair payment. Call the brain injury attorneys in Wilmington, NC at Horton Mendez to begin the legal process.
Examples of Accidents that Can Cause TBIs
You can suffer a TBI in any type of accident where you hit your head or if there is a sudden and forceful movement. The following accidents can cause TBIs:
- Car accidents
- Falls
- Pedestrian accidents
- Assaults
Falls are the most common cause of brain injuries, causing half of the hospitalizations for TBIs. While the elderly are most likely to suffer from a serious fall injury, anyone can be hurt when they are in the wrong place at the wrong time.
The Different Types of TBIs
There are two major categories of TBIs:
- A penetrating TBI is when an object enters the skull and enters the brain – this is a serious injury that will affect part of the brain
- A closed-head TBI is when an external force jars or traumatizes the brain – a closed-head TBI can damage the entire brain
TBIs encompass a range of traumas to the brain, such as:
- Concussions are caused by bumps or jolts to the head and can take an extended period of time to heal
- A diffuse axonal injury is damage to the brain’s white matter, and it is the most common type of TBI
- Hematomas are bleeding in and around the brain, which can damage the brain itself and surrounding tissue
- Contusions are when the brain bruises or swells
Some serious brain injuries can result in dementia, which can be degenerative and progressive.
Symptoms of a TBI
You may not know at the time of your accident that you have suffered a brain injury. The longer you go without treatment, the more of a chance that your injury could be permanent.
Some of the symptoms that may be a sign of a TBI are:
- Headaches
- Blurred vision
- Irritability
- Trouble sleeping
- Depression
- Memory loss
- Trouble concentrating
It is crucial that you see a doctor immediately if you have experienced any of the above symptoms. Delaying medical care can complicate your legal case because the insurance company will claim that you failed to mitigate your own harm.
The Long-Term Consequences of a TBI
Many people who suffer a TBI may never be the same again. The following statistics show exactly how accident victims are impacted by a TBI:
- Of the one million people who are treated in a hospital for a possible brain injury, 80,000 of them will suffer permanent effects
- Studies have found that TBIs can reduce life expectancy, on average, by eight years
- Only 40% of people who have suffered a TBI are able to return to work within a year or two after the injury
There is a wide range of outcomes in a traumatic brain injury case, even if liability is not in dispute. Damages in a brain injury case are directly tied to the severity of the injury. However, you and the insurance company may have differing opinions, both about how seriously injured you or a loved one are and the value of the case.
Damages in a Traumatic Brain Injury Case
Ultimately, the case should be worth the exact amount of your damages. Legally, you should be paid every dollar that you are due for a TBI. First, you would need to negotiate with the insurance company and agree on a settlement.
In general, you should be paid for the following in a TBI settlement:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
Just the medical bills alone can be massive in a TBI case. If you or a loved one have suffered a serious TBI, the costs of the care will be in the millions of dollars. Then, there are other major impacts to your life, such as depression and not being able to do things that you did before the injury.
You can only get what you deserve when you know the value of your case, and you only learn what your claim is worth when you work with an experienced brain injury attorney.
Your lawyer can work with the following experts to determine how much you should seek in your case:
- Doctors who could give an opinion about how much your case is worth
- Vocational experts who would describe what work you may be able to do and how much you could have earned
- Life care planning experts who know the care that you would need in the future
In addition, your lawyer will work with experts to understand how future inflation may affect the value of your claim.
How Our TBI Attorneys Can Help You
You are already in a difficult enough situation when you or someone you love has suffered a TBI. You do not want to make things any harder for yourself –- or let the insurance company make them more difficult. Hiring an attorney will not only take some pressure off of you and your family, but it can also help you get more money for your claim.
Our attorneys assist you by:
- Counseling you on your legal options to obtain compensation
- Investigating the accident that led to the brain injury so you can prove liability
- Preparing the brain injury claim or lawsuit for compensation, correctly stating the amount of damages
- Negotiating a potential settlement with the insurance company
- Taking your case to court or being ready to do so if you cannot reach a settlement agreement
Call a Wilmington Brain Injury Lawyer Today
The attorneys at Horton Mendez are here to help you and your family when you have suffered a serious brain injury. We will work to get you the right settlement for your injuries. To speak with a lawyer, you can message us online or call us today at 910-405-7751.
