According to the Centers for Disease Control and Prevention (CDC), an estimated 1.7 million people suffer a traumatic brain injury (TBI) every single year. These injuries range from mild concussions to serious contusions or long-term complications. In most cases, TBI happens as a result of a violent blow or jolt to the head or body. If an object penetrates brain tissue, it can also lead to TBI. In the event someone suffers a TBI as the result of another person’s negligence, compensation is deserved so the victim can pay their medical bills and make up for any lost wages. These types of injuries are very serious and often cause physical, emotional, and cognitive deficits that can last a lifetime. Many TBI victims require the following:
- 24-hour care
- Placement in a rehabilitation facility
- Occupational, physical, speech, or other specialized therapists
- Financial assistance for the family
- Financial assistance to help pay for any medication and medical equipment
- Mental health counseling
If the person who has suffered a TBI is lucky enough to recover, the process will undoubtedly be slow and incredibly stressful for everyone involved. The mountain of medical debts is perhaps the biggest problem for many, which is where filing a lawsuit can come in handy. TBI lawsuits are often complex and have many different moving parts, which is where a good personal injury lawyer will come in handy.
Factors to Consider When Filing a TBI Lawsuit
If your loved one suffered a TBI following a car accident or because of the negligence of another person, you may want to consider filing a personal injury lawsuit. In order to successfully litigate a personal injury lawsuit of this nature, our lawyers will rely on the expertise of medical experts who will testify on the victim’s behalf. This is an important aspect of receiving the compensation necessary for the victim and their family to move forward.
Many people do not realize this, but TBI attorneys will also use empirical evidence like computer tomography scans, MRIs, and other medical tests in order to prove the extent of the brain injury. These documents can be difficult for the defendant to argue with, which is why they are so important to your case. Furthermore, neuropsychological test results may also be required in a case of this nature. These tests can show dramatic personality and cognitive changes in the victim, which is often the most telling part of our case.
Perhaps the most difficult part of a TBI lawsuit is proving that the injury exists and was caused by the actions of another person or persons. We must be able to show that the defendant acted negligently, which is defined by four elements: duty, breach, causation, and damages. If the defendant’s actions directly caused injury and did not act with reasonable care towards the victim, you likely have a good TBI lawsuit on your hands.