Traumatic brain injury, also called intracranial injury, occurs when an outside source causes injury to the brain and cranium. It can happen through an accident, an act of violence, or because of the negligence of another person or company. Brain trauma recovery can take a significant length of time and the injured person may require extensive medical care and physical therapy. Traumatic brain injuries can occur in the following instances: striking the head on the ground in a slip and fall, striking the head against any interior of the car in a crash and a traumatic can even occur when the brain strikes the interior of the skull in a whiplash-type of injury.
Below are some essential facts about brain trauma and seeking compensation for traumatic brain injury:
Levels of Severity and Symptoms
Following a head injury, various symptoms may occur. A person may suffer anything from a minor concussion to a major skull fracture. To determine the precise seriousness of the injury, however, it is imperative to seek the advice of a medical doctor or neurologist.
Symptoms of brain trauma include impaired memory, drowsiness, dizziness, unequal pupils, and blurred vision. Serious cases may also involve convulsions, extreme confusion, and weakness or numbness in the appendages. A person may experience strange mood swings, behavioral problems, and the inability to concentrate as well. However, it is important to understand that some symptoms may not occur immediately. This is why it is important to seek medical treatment after a head injury, whether or not overt signs and symptoms are present.
Evaluation and Treatment
Immediately after such an injury occurs, the patient is usually stabilized in an intensive care unit of a hospital or urgent care facility. The initial goal is to halt further damage. Physicians typically center treatment on controlling intracranial pressure and ensuring that there is an adequate amount of oxygen and blood flowing to the person’s brain.
The patient may also be placed on intravenous fluids to prevent his or her blood pressure from dropping rapidly. Medications are also sometimes given to prevent seizures. In certain cases, surgery is necessary to remove a blood clot or a foreign object that is lodged in the brain.
When surgery is necessary, the patient must be informed that there are certain risks involved. Although any type of surgery may lead to complications, procedures that must be completed in or around the cranium are particularly risky. However, in some cases, there is no other alternative.
Rehabilitation is typically necessary when serious traumatic injuries of this type take place. Each case is unique, and therefore treatments and therapy vary considerably from one patient to the next. In some instances, rehabilitation can be completed on an outpatient basis, while other individuals may need care around the clock.
In some instances, long-term physical therapy may be needed in order to restore the person to his or her former self.
Patients who suffer from long-term disabilities due to their injury may need permanent care. In severe cases where the loss of cognitive function or paralysis has occurred, the individual may need to be placed in a skilled nursing facility. Fortunately, complete brain trauma recovery is possible in many cases, especially if care is immediately sought for the injured individual.
Seeking Compensation for Damages
Many people, rightly, choose to seek compensation for traumatic brain injury. Such compensation may include money for pain and suffering, reimbursement for lost wages, and money for life care costs.
Lost wages
Loss of earning capacity is usually taken into consideration first when a claim for traumatic brain injury compensation is filed. A medical expert is often called upon to testify with regard to how much earning capacity was lost due to the injury, as well as how long future earnings may be affected by brain trauma.
For example, a person may have problems with fatigue, memory, focus, and even controlling anger, all of which substantially limits his or her ability to work on a regular basis. In addition, the injured individual may not be able to return to a job that was previously full-time, but rather be forced to seek fewer hours or a different job where part-time hours are available.
Pain and Suffering
Compensation for pain and suffering is almost always part of a traumatic brain injury case. This is because suffering such an injury often greatly reduces the person’s quality of life and decreases his or her ability to enjoy life to the fullest.
Life Care Costs
Many brain injury victims require medication, physical therapy, and rehabilitation. These are in addition to the person’s initial visit to the emergency room and hospital stay if the latter was necessary. However, further assistance may be required as well, depending on the severity of the person’s injury. A life care planner can help assess potential future needs and the associated costs of any long-term assistance that may be required.
Case Value
The case value of a traumatic brain injury depends on a number of factors, which vary significantly from one case to the next. For this reason, damages claimed for a brain injury span a very broad range and numerous expenses must be taken into account when these damages are calculated. The best person to speak to regarding case value is a personal injury attorney, as calculating monetary compensation for an injury of this kind can be extremely challenging for someone who is not a legal expert. Other things that should be discussed with an attorney include the alleged negligence that caused the accident and subsequent injury, and whether an out-of-court settlement is a viable option.
Contingent Fee
Attorneys who specialize in brain injury cases are almost always willing to work on something referred to as a “contingent fee basis”. This phrase simply refers to a type of fee that is deducted from the amount awarded to the injured person if the suit is successful, rather than an upfront fee paid by the client.
Attorneys working on contingency typically advance money for various expenses, such as depositions from medical experts, and are then reimbursed after the case is won. Because the preparation for such a trial is naturally quite expensive, attorneys who proceed on a contingent fee usually only take cases they believe they can win. If you or someone you love has sustained a traumatic brain injury, Bodden and Bennett Law Group can help. Contact us to discuss your case and learn about compensation for traumatic brain injury and the various options available.
