A traumatic brain injury or TBI can occur in a wide range of settings, including motor vehicle accidents, terrible falls, and workplace incidents. While some traumatic brain injuries may be immediately obvious, other TBIs may take days to fully manifest and leave lingering, detrimental physical consequences.
In addition to ensuring prompt medical care for a traumatic brain injury, you may need legal advice if you think that someone’s negligence caused your TBI. Proving a traumatic brain injury takes extensive evidence, time, resources, and, importantly, accomplished legal representation.
The experienced personal injury attorneys at OnderLaw know what needs to be done to fight against the predatory practices of insurance companies who commonly try to reject or devalue TBI claims. We can build a compelling case for compensation on your behalf so you can focus on your recovery.
Demonstrating Liability in a Traumatic Brain Injury Lawsuit
A TBI could leave you strapped with rising medical costs and no way to pay for them because your ability to work is temporarily or even permanently impacted. In some cases, a traumatic brain injury can leave you with healthcare needs that stay with you for the rest of your life. When you sustain a traumatic brain injury in an accident because someone else was negligent, we can help you prove your TBI claim and fight to recover your medical bills, wage loss, pain, suffering, and more.
Your case for compensation must include:
- Detailed proof of your injury and its severity
- Details of the accident
- The liable party or parties involved
- The long-term effects that your injury has inflicted on your life
To show the insurance company, judge, or jury that the at-fault party should be held legally responsible for your damages, you must prove that:
- The at-fault party owed you a legal duty
- The at-fault party failed to uphold it
- Their failure was the direct cause of your traumatic brain injury
We can collect all necessary evidence to establish these elements of negligence and demonstrate liability for your injury. Examples of key evidence may include:
- Medical imaging showing the gravity of your injury, like magnetic resonance imaging (MRI) scans and computed tomography (CT) scans
- Expert testimony from physicians who specialize in treating traumatic brain injuries
Your medical records from the emergency room, diagnostic and imaging visits, physical therapy, occupational therapy, surgery, or other related treatment will also be important to your case. We can speak with eyewitnesses from the scene of the accident, as well as witnesses who can attest to the impact that your injury has had and will have on your life.
Our legal team will obtain evidence from the accident that caused your injury, such as accident reports, photos, and video footage. We can also collect documentation like tax records, pay stubs, and work records to demonstrate the value of your past and future lost earnings.
Understanding the Impact of a Traumatic Brain Injury
There are multiple types of traumatic brain injuries, some of which may allow for a full recovery, while others can leave lasting physical limitations. Among a range of factors—including the angle, speed, and impact of the object or incident that caused the TBI—whether or not the injury is categorized as an open or closed brain injury will have a notable effect on the long-term prognosis of your medical condition.
An open traumatic brain injury occurs when the skull is cracked, penetrated, or otherwise harmed by an object, such as metal or glass, which can endanger the actual brain tissue. A closed traumatic brain injury refers to a TBI where the skull is not cracked or penetrated, but this injury is still extremely serious. For example, one type of closed TBI is a diffuse axonal injury, which occurs when the nerve fibers in the brain tear because the skull is shaken so violently due to the force of impact from the accident.
Symptoms of a traumatic brain injury vary widely. Still, they can include physical manifestations such as:
- Slurred speech
- Loss of consciousness
- Psychological or behavioral shifts
- Trouble breathing, seeing, or walking
Other common indications of a TBI include nausea and vomiting, loss of motor abilities, loss of control over bodily functions, and memory loss.
A traumatic brain injury can also inflict secondary injuries to the body as well in the days following the initial trauma. Changes in blood pressure, bleeding or swelling of the brain, lack of oxygen or blood flow to the brain, or excess pressure on the brain are just a few examples. These injuries can not only lead to permanent disability but can even be deadly.
Speak With a Traumatic Brain Injury Attorney Today
The impact of a TBI can go far beyond physical suffering from the injury and the upfront cost of medical care. A serious TBI can leave you dealing with long-term physical and psychological complications, prevent you from working again, or from interacting with your family and loved ones as you did before the accident.
When you or your loved one’s brain injury is caused by a person or company’s negligence, our lawyers can help you build the strongest possible body of evidence to prove your claim. You do not have to face this difficult time alone. Call OnderLaw today for your free, confidential case evaluation and learn more about starting your TBI claim.