Traumatic brain injuries, also called TBIs, happen when the brain becomes damaged. These injuries can occur when an external source impacts the brain tissue or when the brain shakes violently within the skull. Brain injury symptoms vary widely, ranging from mild to severe enough to cause permanent disability.
When another person’s carelessness or recklessness has caused a traumatic brain injury, the injured person may have a right to compensation. If you or your loved one have suffered a brain injury in an accident caused by someone else, you need a skilled personal injury attorney on your side. Contact Willcox, Buyck & Williams, PA today to schedule your free and confidential case evaluation.
What Are Traumatic Brain Injuries?
Our brains are complex and are made up of an intricate network of neurons that send messages through the body. These messages control our functions, such as hearing, seeing, thinking, and muscle movement. When the head receives a violent blow or is subjected to extreme force, the brain’s soft tissue can become damaged. The soft tissue can begin bleeding, causing pressure on the brain. It can also become bruised. These injuries are referred to as traumatic brain injuries (TBI).
There are many different types of brain injuries, and each case is unique. Patients experience a unique combination of symptoms, and the effects can range from mild to severe. Symptoms depend on the location, cause, and severity of the initial trauma to the brain. Unfortunately, many brain injuries go undiagnosed after accidents. Victims may not recognize their symptoms, and doctors may send home patients who don’t realize that they have a serious medical issue until days or even weeks later.
A Wide Range of Accidents Can Lead to Brain Injury
Different events, behaviors, and accidents can cause head trauma, potentially causing dangerous traumatic brain injuries. According to the CDC, older adults are the most vulnerable to serious brain injuries, followed by children. Examples of common causes of traumatic brain injuries include the following:
- Car accidents, motorcycle accidents, truck accidents, and other motor vehicle accidents
- Pedestrian accidents and bicycle accidents
- Swimming pool accidents
- Childbirth and labor
- Domestic abuse, elder abuse, and child abuse
- Participating in full-contact sports
- Construction accidents
- Using defective products
- Slip, trip, and fall accidents
After a brain injury, patients should seek treatment quickly. Immediate medical care after head trauma can prevent additional damage to the patient’s brain. Unfortunately, treatment can’t undo the damage that has already occurred. Patients with moderate-to-severe damage can face complications for the rest of their lives. Children are particularly vulnerable because brain injuries stop or slow brain development. The ongoing symptoms can be frustrating, painful, and can lead to permanent disability, such as:
- Loss of sensation or numbness
- Difficulty with hearing, vision, smell, and taste
- Difficulty with cognitive tasks, including logical reasoning and memory challenges
- Difficulty with internal balance and vertigo
- Difficulty with communication, including trouble forming sentences and speaking
- Anxiety and depression
- Chronic pain
- Struggles with impulse control
- Struggles with personal relationships
- Personality changes
- Increased aggression
- Difficulty completing daily tasks
Recovering Compensation After a Brain Injury
Brain injuries are among the most expensive types of medical conditions. Patients require diagnostic imaging, medication, and may need care in a long-term care facility. In some cases, patients will need emergency surgery and subsequent surgeries. Patients may need costly adaptive vehicles and durable medical equipment. These are only a few of the vast number of expenses that can cause victims and their loved ones to suffer significant economic loss and hardship.
Pursuing compensation through a personal injury lawsuit can help families affected by brain injuries recover the compensation they need to pay for ongoing expenses. In order to succeed in a personal injury lawsuit, the victim will need to show that the defendant’s negligence caused the accident or event that resulted in their traumatic brain injury. Negligence means failure to use reasonable care under the circumstances.
Personal injury plaintiffs can seek medical treatment costs for all of the expenses associated with treating their brain injuries, from emergency room visits to ongoing rehabilitative care. Sometimes patients need to be hospitalized for weeks, or even months. Recovering from surgery can take months and patients who suffer catastrophic injuries and permanent damage may require around-the-clock medical help for the rest of their lives.
Plaintiffs can also pursue compensation for the time they’ve had to take off of work for their recovery. If the patient can’t return to his or her job, they can seek compensation for lost future income. They can also seek compensation for the cost of replacement services they can no longer perform. In addition to these economic costs, a plaintiff can seek costs for non-economic damages such as pain and suffering.
Wrongful Death Lawsuits Involving Fatal Brain Injuries
Severe traumatic brain injuries can lead to a sudden and tragic loss of a loved one. Surviving family members can seek compensation for damages through a wrongful death lawsuit against the business, person, or other entity that caused the death of a loved one. Survivors can receive the compensation listed above and reimbursement for funeral and burial costs. Damages for non-economic losses, such as parental support for minor children, loss of companionship of a surviving spouse, and emotional distress, are also available.
Get Help From an Experienced South Carolina Attorney
If you or someone you love has suffered a brain injury caused by another person, you may be entitled to compensation for your medical costs, lost income, and more. Brain injury cases can be complex, and the sooner you discuss your case with an attorney, the sooner your attorney can begin investigating and preparing your case. At Willcox, Buyck & Williams, PA, we have successfully represented clients just like you, helping them recover the total amount of compensation they deserve. Contact us today to schedule your free initial consultation and learn more about getting fair compensation for your injury.