Compensation for Brain Injuries

Traumatic Brain Injuries (TBI) are responsible for nearly one-third of all injury deaths in the United States. According to the U.S. Centers for Disease Control and Prevention (CDC), there were approximately 214,110 TBI-related hospitalizations in 2020 and 69,473 TBI-related deaths in 2021.

Brain injuries may result from a severe blow to the head, a penetrating brain injury, or medical negligence. This article provides an overview of TBI, the causes of TBI, and legal remedies for negligence-related TBI. Contact a personal injury lawyer for answers to your brain injury questions. A personal injury attorney can help you understand your legal options.

Causes of Traumatic Brain Injury

Common causes of TBI include falls, auto accidents, and assaults. Sports and recreation injuries also account for thousands of injury cases every year, many involving teenage and child victims. A concussion is a mild form of brain injury and is the most common. However, concussions can have long-term and even life-threatening effects — especially for multiple concussions. For example, a concussion may result in a dangerous blood clot forming in the brain.

TBI and Negligence

TBI cases can also involve negligence. Types of negligence that results in a TBI could include:

• Workplace accidents: A TBI at work can happen when an employer fails to follow safety protocols, provides inadequate protective equipment, or takes inadequate safety measures. Negligence can lead to truck accidents, incidents involving heavy machinery, or construction accidents.
• Motor vehicle accidents: Speeding, distracted driving, or drunk driving increase the risk of car accidents and collisions that can result in head injuries.
• Slips, trips, and falls: In both public and private spaces, poor maintenance, like unaddressed spills or unmarked obstacles, can lead to accidents that cause TBIs.
• Sports and recreation: Lack of proper protective gear or non-enforcement of safety rules in sports activities can cause TBIs in both players and spectators.

TBI and Medical Malpractice

You can make a legal claim for TBI against a medical provider if the injury resulted from medical malpractice. In legal terms, negligence is a failure to provide the same level of care that a reasonable person would have provided under the same conditions. Medical negligence can also happen if medical personnel take improper actions or don’t do something.

A claim for medical negligence might arise from acts like:

• Failing to diagnose a brain injury
• Overly prescribing medication that results in neurological damage
• Improperly administering anesthesia

Medical malpractice claims commonly have a shorter statute of limitations than other personal injury claims. In many states, you only have two years after the date of the accident to file a medical malpractice claim. If you wait too long, your case could be denied. Make sure you contact a lawyer as soon as possible after a brain injury.

The Traumatic Brain Injury Case

A traumatic brain injury can result in substantial financial hardship for family members and loved ones. You may have steadily mounting costs that include medical bills, lost wages, continuing medical treatment, and a loss of earning capacity. Permanent injuries may require physical therapy, lifelong medical care, and long-term care. The most severe injuries can go beyond just financial loss. Non-economic damages can include:

• Memory loss
• Loss of quality of life
• Pain and suffering
• Loss of autonomy

Brain injury lawsuits seek to hold liable parties accountable. Some states allow for punitive damages if the negligence of the at-fault party is reckless or intentional.

Insurance companies may want to settle brain injury claims to avoid a costly jury award. A traumatic brain injury settlement can be significant, but before accepting a settlement, make sure you understand your rights. A brain injury attorney can help you negotiate a fair settlement amount.

The laws governing negligence and liability vary by state. Liability for brain injury cases will depend on the specific facts of your case and the situation that led to the TBI. Contact a local and experienced brain injury lawyer for legal advice. Your lawyer can assess your case, apply the law, and give you legal advice about a TBI lawsuit.

Additional Brain Injury Articles

• Return to Play Laws & Youth Football
• Types of Brain Injuries
• Can I Sue for Football Concussions, Head Injuries?
• Brain Injury: Statute of Limitations
• What is a Brain Injury Case Worth in Damages?
• Sports Concussions Legal Overview

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