Traumatic Brain Injury Personal Injury Cases
Traumatic brain injuries (TBIs) have a severe mental impact on victims. In the United States, 1.5 million people suffer traumatic brain injuries every year. Normal activities may become overwhelmingly difficult and day-to-day life could shift dramatically. If you have suffered a traumatic brain injury because of someone else’s negligence, you may be eligible to file a lawsuit. The Law Firm of Aaron A. Herbert, P.C. can help.
Types and Causes of Traumatic Brain Injury
There are two types of TBIs: mild and severe. A mild brain injury involves 30 minutes or less of confusion or disorientation. Brain scans are usually normal, but the victim may experience headaches, difficulty thinking, memory issues, attention deficits, mood swings, and frustration. A person suffering from a mild TBI sometimes does not realize that he or she has it or does not believe it to be serious enough to seek medical attention.
The second type of TBI is a severe brain injury. You can consider a brain injury severe if you lose consciousness for more than 30 minutes and memory loss after the injury lasts for more than 24 hours. Damage can include serious cognitive impairment and comatose states. A victim of severe brain injury may also struggle with motor function in his or her arms or legs, have difficulty with speech or language, lose thinking ability, or experience emotional problems.
Causes of TBI
Any serious blow to the head can cause traumatic brain injury, but car accidents, guns, and falls are the three most common ways people suffer them. Nine out of 10 TBIs from gunshot wounds result in death.
Along with car accidents, guns, and falls, eight other more-common injuries cause TBIs. Open head injuries that involve penetration of the skull often cause brain injuries. Closed head injuries commonly occur from falls and car accidents. Although there is no skull penetration, they often lead to some degree of traumatic brain injury.
TBIs caused by deceleration injuries often occur because the brain and head were moving at different speeds, banging the brain into the side of the inside of the skull.
Chemical exposure and lack of oxygen can also have debilitating effects on the brain. A lack of oxygen can cause permanent damage after only a few minutes.
Tumors, infections, and strokes can also lead to traumatic brain injuries.
Proving Negligence in TBI Cases
To win a traumatic brain injury case, the most important step is to prove that the defendant was acting negligently. You can prove negligence by showing three things: the defendant had a duty, he or she breached that duty, and that breach of duty directly caused your injury.
Many people are in positions that give them a legal duty to keep others safe. If the defendant had a duty to keep the victim safe and his or her failure to uphold that duty caused a TBI, the defendant was acting negligently and is liable.
In TBI cases, the court can award you damages for many different expenses. It can award you compensation for any medical expenses that you paid because of your TBI. The court can also order the defendant to pay you any money that you lost because of days you needed off work or a reduction in potential salary due to the debilitation from your injury. The defendant may also owe you for emotional pain and suffering.
Texas is a comparative fault state. A comparative fault state is one that gives the court the right to adjust compensation according to how much each party was at fault. For example, if you were 10 percent responsible for your injury, the court would reduce your compensation by 10 percent. According to Texas law, the court must award you some type of compensation unless it determines that you are 51 percent or more at fault.
Traumatic Brain Injury Attorney
If you or a loved one has suffered a traumatic brain injury, you deserve compensation. The Law Firm of Aaron A. Herbert, P.C. can represent you and help you begin your road to recovery. Contact our firm today to receive a complimentary consultation.