Many different types of injuries can lead to brain damage. Brain injuries can occur in any accident, from being in a car accident to falling. Brain injuries come in a wide variety of forms. The extent of damage caused by a head injury is proportional to the force with which the brain was struck.
If someone else’s carelessness caused you to suffer a brain injury, you have the legal right to file a personal injury lawsuit and ask for money. Traumatic brain injury survivors can suffer mental, physical, and financial challenges after their injuries. If you suffered in a car accident, hiring a car accident lawyer is your best bet for getting the compensation you need. Even if you have a good claim for brain injury from an accident, you may wonder how to obtain financial compensation. This article will discuss how people with brain injuries can get money for their pain and suffering.
The Definition Of A Traumatic Brain Injury In Layman’s Terms
Traumatic brain injury (TBI) happens when a violent or forceful movement of the head or body, like in a car accident, causes bleeding, bruising, or slicing of the brain. It can either be short- or long-term, leading to serious problems or even death if left untreated.
A traumatic brain injury (TBI) can vary from moderate to severe. Even though most traumatic brain injuries (TBIs) caused by car accidents are mild concussions, TBIs can have much worse results. Here are the two types of TBIs:
Closed Head Injury
Injuries from car accidents are especially hard to treat because they can happen even without a direct blow to the head. A TBI can occur when the brain moves inside the skull due to the force involved in an automobile collision, even if the head doesn’t make contact with anything. It’s crucial to get checked out by a doctor after an accident, especially if you plan on filing a claim or going to court against the other driver.
Concussion
A person’s mental status may shift, and regular brain activity may be disrupted after sustaining a car accident concussions, even if the victim doesn’t lose consciousness. If you hit your head on the steering wheel in an accident or want to learn more about whether or not you have a valid concussion claim, you should consult a lawyer. Settlements for concussions and post-concussion syndrome are both better when you talk to a lawyer right away.
Depending on how bad the cognitive impairment is, the effects on cognitive abilities can be mild, moderate, or severe. Even a seemingly minor brain injury must be checked out immediately and diagnosed correctly.
How To File A Successful Brain Injury Claim
If you get a brain injury because of an accident or someone else’s carelessness, you can get money for it. Here are the things you need to do:
1. Know The Four Elements Of Negligence
In a personal injury claim for brain damage, you’ll usually need to show the four elements of negligence to get money for your injury.
The elements of negligence include:
Duty of Care: The party owes you a duty of care or a duty of reasonable care. For example, people who operate motor vehicles owe it to others on the road to do so safely. When taking care of patients, doctors and nurses are expected to follow a minimum standard of care. Owners of private residences and businesses are responsible for ensuring their guests are safe at all times.
Breach of Duty of Care: The party in question failed in their duty of care to you. Some examples are:
When an accident occurred because a driver disregarded traffic signals and failed to yield.
The property owner should have warned you or fixed the problem but did neither.
The product in question needed more adequate warnings because of the manufacturer’s oversight.
Causation: The defendant’s breach of duty caused this injury. You got hurt because of something the other person did or didn’t do.
Damages: You were hurt; thus, you lost money and had to pay medical bills.
When someone has a brain injury, it may be very hard to prove the elements of negligence that the law requires.
2. Conduct An Exhaustive Investigation
Suppose you want to know who is at fault for each element that contributed to your injuries. In that case, you need to conduct an exhaustive investigation into the events leading up to the accident. You also have to show that your injuries are a direct result of the negligent activities of another party. You need to get checked out by a doctor immediately following the accident. The insurance company may try to say your injuries aren’t related to the accident if you wait too long to get help.
If you had a brain injury in a car accident, the careless driver could be made to pay for your pain and suffering and any extra medical bills, lost wages, and other financial losses you had because of the accident.
3. Ask For Assistance From Specialists
Accordingly, you shouldn’t turn down emergency help after an accident. Some people in accidents may have traumatic brain injuries (TBIs) such as concussions and not know it. Paramedics on the scene might be able to see the signs that someone needs emergency care and suggest that they go to the hospital.
If you go to the emergency room soon after leaving the scene of the accident, it’ll be harder for the insurance company to say that the accident didn’t cause your TBI. After you’ve been treated for a TBI and been given a diagnosis, your medical records will help your compensation claim.
The Wind-Up
The person who caused your TBI could be held responsible for your medical bills, lost wages, and other losses. To win a claim, you must show that the other person was negligent and, by extension, legally responsible for the accident.
Negligence requires proof that the defendant owed you a duty of care, failed to meet that obligation, and then caused an accident that injured you. Lastly, you must prove how much money you lost because of the accident. Your current and future medical expenses may be covered if your claim is approved. You can get money back for lost wages, a lower quality of life, and emotional pain.
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