Traumatic brain injuries (TBI) are life changing.
One minute everything is fine. The next you’re dealing with mounting medical bills, lost wages and an uncertain future. And…
Most TBI victims don’t even know what their legal rights are.
That’s a problem.
Traumatic brain injuries are serious business. The CDC reports there were an estimated 69,473 TBI-related deaths in the United States in 2021. That’s 190 people dying each day from a brain injury.
If you or a loved one have suffered a TBI due to the negligence of another, it’s crucial to understand what to expect and how to move forward. A professional brain injury lawyer can help you navigate the legal system and pursue the compensation you and your family deserve.
So, let’s get into it…
Table of Contents
- What you’re going to discover:
- What Exactly Is a Traumatic Brain Injury?
- Why TBI Cases Are Different From Other Injuries
- What Compensation Can You Recover?
- How a Brain Injury Attorney Can Help You
- The Importance of Acting Quickly
- Wrapping Things Up
What you’re going to discover:
- What Exactly Is a Traumatic Brain Injury?
- Why TBI Cases Are Different From Other Injuries
- What Compensation Can You Recover?
- How a Brain Injury Attorney Can Help You
What Exactly Is a Traumatic Brain Injury?
A traumatic brain injury is any damage to the brain caused by an external force.
This can include mild concussions to severe, life-altering injuries. Causes can vary but are commonly the result of falls, motor vehicle accidents, assaults, and sports-related injuries.
One thing most people don’t realize:
Even “mild” TBIs can result in long-term problems. Issues with memory, concentration, and learning can take months, even years after the injury to manifest.
In addition, according to the CDC, men are three times more likely to die from a TBI than women. Adults over 75 years of age are the most likely to be hospitalized and killed by TBI.
They’re not just statistics. They are real people, with families, whose lives were irrevocably changed by a single moment.
Why TBI Cases Are Different From Other Injuries
Brain injury cases are a unique animal all their own.
The reason? Well, brain injuries are often not as visible as other types of injury.
For example, a broken bone is an injury that can be clearly seen on an X-ray. But a brain injury is internal. Its damage is not as immediately obvious. Symptoms may not show up for days, even weeks after the accident.
This is a recipe for trouble:
- Insurance companies trying to low-ball your case
- Medical evidence being difficult to prove
- Long-term effects being hard to anticipate
- Victims seemingly “look fine” externally
The intangible nature of brain injuries makes them easy to dismiss. But the truth is TBI victims often struggle with a lifetime of issues like cognitive problems, personality changes, and chronic pain.
This is precisely why having proper legal representation matters more than ever.
What Compensation Can You Recover?
If your traumatic brain injury was caused by someone else’s negligence, you may be entitled to a large amount of compensation.
This can include:
- Medical expenses: Emergency room visits, long-term rehabilitation and treatment, and therapy.
- Lost wages: Income you’ve lost while recovering and future lost earning potential if you can no longer return to work.
- Pain and suffering: Physical pain and emotional trauma caused by the injury.
- Loss of enjoyment: Activities and hobbies you can no longer enjoy.
- Caregiver expenses: If you require assistance with daily tasks.
The cost of a TBI is not just the immediate medical bills. Many victims need years of treatment, therapy, and assistance.
Don’t shortchange yourself.
Insurance companies will often try to settle as quickly as possible and for the lowest amount possible. They know the true cost of your injury. That’s exactly why they’re going to try to close your case before your damages become fully known.
How a Brain Injury Attorney Can Help You
Here’s how I see it…
Would you perform brain surgery on yourself? Of course not. So why try to handle a complex legal case on your own?
An injury attorney has specialized knowledge and experience that’s crucial to your case. They understand the medical and legal issues at hand. They know how to gather and present evidence to get you the maximum amount of compensation.
Specifically, they will:
- Investigate the facts of your accident
- Preserve evidence and interview witnesses
- Consult medical experts to document your injuries
- Negotiate with insurance companies on your behalf
- Go to trial, if necessary, to fight for your rights
You need someone on your side who knows what they’re doing. The right attorney will be a champion for your case while you focus on what matters: recovery.
And one more thing you should know…
Most brain injury attorneys work on a contingency basis. Meaning you do not pay any money upfront. The lawyer only gets paid if you win your case. It takes the financial burden off your back while you focus on your family.
The Importance of Acting Quickly
Time is not your friend when it comes to TBI cases.
Each state has a statute of limitations that limits the amount of time you have to file a personal injury claim. If you wait too long, you could lose your right to compensation altogether.
Beyond legal deadlines, other practical reasons exist to act fast:
- Evidence could be lost
- Witnesses’ memories fade
- Medical records need to be preserved
- Legal clock is ticking
The sooner you get legal representation, the better your chances of a positive outcome.
Wrapping Things Up
A traumatic brain injury is a life altering experience.
But you do not have to go through the aftermath alone. Knowing your legal rights is the first step in getting the compensation you need and deserve to move forward with your life.
Remember these important takeaways:
- TBI cases are complex and require an attorney with specific legal knowledge
- Compensation could be available for medical expenses, lost wages, pain and suffering, and more
- Time is of the essence so it’s important to act quickly
- A qualified attorney can walk you through every step of the process
The journey to recovery after a brain injury is a long one. Having the right legal team in your corner can make all the difference in protecting your future.
Don’t wait to get the help you deserve.
