A Brief Explainer On Traumatic Brain Injuries, Their Legal Implications, And What Damages Are Recoverable

If you’ve ever heard the expression ‘punch drunk’, it describes what happens to the brain after experiencing a traumatic brain injury, or sudden physical shock from an external force. Much as boxers may lose some mental faculties after a long career of receiving repeated blows to the head, an accident or event causing damage to a person’s brain may lead to an extended or permanent negative outcome for the victim and their family.

The damage involved in a TBI can come in the form of a concussion, contusion, or diffuse axonal injury. Concussions represent the milder end, while contusions (bruising or bleeding in the brain tissue) and diffuse axonal injuries (shearing or tearing of nerve fibers throughout the brain) represent deadly and longer-lasting injuries.

Common Causes

As you already know, hitting your head can be a regular occurrence and can have a wide range of causes. Thankfully, most of the time, these events will only cause minor bumps and bruises that will quickly heal.

The brain is fragile, however, so impacts involving more force are likely to result in a serious injury. Some of the most common causes of major brain injuries tend to be vehicular and workplace accidents, slip and fall incidents, sports-related injuries, assaults, and other acts of violence.

Recognizing Symptoms

After experiencing any kind of head trauma, you should keep a close eye on your cognitive function and physical health to catch any TBI symptoms early. Not only is this crucial for timely diagnosis and appropriate medical intervention, but it’s also vital in proving the extent of your damages and establishing liability.

On the physical side, common signs of TBIs include persistent headaches, nausea or vomiting, dizziness, migraine-like symptoms, and a loss of motor functions. Cognitive and emotional symptoms include memory loss, difficulty concentrating, speech problems, mood swings, irritability, anxiety, and depression. You should immediately contact a medical professional if you or your loved ones notice obvious differences in your behavior after experiencing head trauma.

Diagnosing, Treating, And Gathering Records

If you find yourself or a loved one experiencing symptoms of a TBI, you should seek medical treatment immediately. If you believe that another party was liable for the head trauma or other event that caused the TBI, you will need to keep a record of any and all actions taken during the diagnosis and treatment phase of the injury.

For a successful recovery in a claim or litigation, you will need to prove that the other party is at fault for the event that caused the head injury and that the trauma or event caused or contributed to the TBI. This process includes collecting every bit of relevant medical documentation, retaining photographs and videos of the injuries, vehicles or other injury causing event, accident scene, seeking expert opinions, collecting testimonials from witnesses, creating documentation of the symptoms, rehabilitation and treatment records, and objective test and assessment results.

Legal Implications

TBIs can be extremely damaging to your personal and professional life. Brain injuries can cause chronic, permanent effects that may make it impossible to continue normal activities of daily living, job functions, marriages, interfamily relationships, and recreational activities. It goes without saying that if the TBI were the fault of another party, you would want to pursue significant damages to make up for the lost earnings or long-lasting damage to your lifestyle.

If you choose to pursue a claim, you’ll need to clear certain hurdles to establish liability and get you the compensation you’re owed. Namely, you’ll need to establish liability, which involves proving that the party at fault was negligent and that negligence caused the TBI. Establishing liability means showing that the other party had a duty, that they breached their duty, and how that breach of duty caused the accident and your personal injuries.

Pursuing a personal injury claim for a TBI caused by negligence requires a thorough and strategic approach. You’ll need a detailed investigation to gather evidence, a solid handle on the various medical records, and a tally of both past and future medical bills and other anticipated expenses . You will need to negotiate with insurance companies, opposing parties, their legal counsel, or all three. 

This is where signing on the services of a personal injury attorney like Villasenor Law Offices comes into play. The experts at Villasenor will help guide you through every step of the process, giving you detailed information on what you’ll need in order to win your case. 

Damages

Depending on the severity and longevity of the traumatic brain injury and its treatment, you may be entitled to a wide range of damages as compensation for the loss of livelihood and harm suffered. These include past and future medical expenses, lost wages, pain and suffering, rehabilitation, disability and impairment, and potential loss of consortium for your spouse.

If you believe you have suffered from TBI due to another party’s negligence, don’t hesitate to call Villasenor Law Offices. The team has decades of experience navigating the complex insurance industry landscape, which gives you a significant advantage in the difficult fight ahead.

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