Seeking compensation for long-term disabilities after a traumatic brain injury (TBI) involves proving the injury’s severity, the long-term effects on your life, and how it directly resulted from an accident. The first step is to document all medical records, including diagnoses and treatments, to establish the extent of your injury. Next, evidence showing how the TBI has affected your ability to work and perform daily activities is vital for claiming compensation for lost income, emotional distress, and pain and suffering.
A knowledgeable TBI lawyer can handle the legal process for you by gathering evidence, consulting medical experts, and negotiating with insurance companies. They will ensure that you receive appropriate compensation for both present and future needs, advocate for your rights, and navigate complicated legal procedures so you can focus on your recovery and rebuilding your life.
Types of Occurrences that Lead to TBIs and Long-term Disabilities
Motor vehicle accidents and premises accidents are among the leading causes of TBIs and related long-term disabilities. These incidents can result from various factors, including negligence and hazardous conditions.
Motor Vehicle Accidents
Motor vehicle crashes are a primary cause of TBIs and long-term disabilities. One of the most common types is rear-end collisions, where a vehicle is struck from behind. These crashes can cause whiplash and head injuries if the driver or passengers hit their heads against hard surfaces.
Side-impact collisions, also known as T-bone accidents, often occur at intersections. These accidents can be especially dangerous because the sides of vehicles typically offer less protection than the front or rear, increasing the risk of severe head trauma.
Rollover accidents are another significant contributor to TBIs. These often involve larger vehicles like SUVs and occur when a vehicle flips over due to high-speed maneuvers or sharp turns. Occupants may strike their heads during the rollover or sustain injuries if ejected from the vehicle.
Lastly, pedestrian-related accidents, where a vehicle strikes a person, are highly likely to cause TBIs and long-term disabilities. These accidents are particularly dangerous in urban areas and parking lots where pedestrians are in close proximity to moving vehicles.
Premises Accidents
Premises accidents occur on private or public property and can lead to severe injuries, including TBIs. One common type is slip-and-fall accidents, which can happen on wet, icy, or uneven surfaces in parking lots or building entryways. If someone hits their head during a fall, they can suffer a TBI.
Falling objects are another risk in premises accidents, particularly in areas like warehouses, construction sites, or retail stores. A heavy item falling from a shelf or scaffold can cause severe head injuries.
Parking lot accidents also pose a significant threat. These include vehicle-pedestrian collisions, where drivers fail to see pedestrians due to distractions or poor lighting, as well as slow-speed vehicle crashes. Even at lower speeds, these accidents can cause life-altering injuries.
Types of Long-Term Disabilities that Result from Accident-related TBIs
TBIs resulting from motor vehicle collisions or premises accidents can lead to long-term disabilities that significantly affect an individual’s quality of life. These injuries can alter cognitive, physical, emotional, and sensory functions, often requiring extensive medical treatment and rehabilitation.
One common long-term disability from TBIs is cognitive impairment, which includes memory problems, difficulty concentrating, and challenges with problem-solving. These issues can make it hard for individuals to return to work or perform daily tasks. Executive function problems can also occur, affecting decision-making, planning, and organizational abilities.
Physical disabilities are another common result of TBIs. Individuals may experience motor impairments, including weakness, paralysis, or lack of coordination, especially if the injury affects the brain’s motor control centers. This can make tasks such as walking, driving, or using hands difficult or impossible without assistance.
Sensory impairments are also frequent, with victims of TBIs often experiencing changes in vision, hearing, or touch. Some individuals may suffer from visual disturbances, such as blurred vision or difficulty focusing, while others may experience tinnitus or ringing in the ears, which can be persistent and disruptive.
Long-term emotional and behavioural changes are also common following a TBI. Individuals may experience mood swings, depression, anxiety, irritability, or even aggression. These changes can severely affect relationships with family, friends, and coworkers, making social integration and work life difficult.
The medical treatment for long-term disabilities resulting from TBIs can also be burdensome for accident victims. Physical therapy is important for patients experiencing motor impairments. It helps improve mobility, strength, and coordination through exercises tailored to the individual’s needs.
Occupational therapy is also essential for people with cognitive and physical challenges, focusing on helping them regain skills necessary for daily activities, such as bathing, dressing, or cooking.
Speech therapy may be needed for individuals with communication difficulties. This therapy helps address problems related to speech, language comprehension, and swallowing difficulties.
For cognitive impairments, neuropsychological therapy is often recommended. This therapy helps individuals with memory, attention, and problem-solving skills through exercises and cognitive training.
In cases of emotional or behavioural changes, psychotherapy or counselling can help individuals cope with mood swings, depression, and anxiety. Medication may also be prescribed to manage symptoms of mental health conditions like depression or anxiety.
How to Demonstrate that a TBI and Long-term Disability Resulted from an Accident
Proving that a TBI and related long-term disability directly resulted from a motor vehicle crash or premises accident requires a combination of medical evidence, accident reports, and expert testimony. It’s essential to establish a clear link between the accident and the injury, as well as demonstrate the lasting effects of the injury on the victim’s life.
The first and most important step is obtaining proper medical documentation. After the accident, the injured person should seek immediate medical care. Emergency room records, imaging scans like CT scans or MRIs, and other diagnostic tools will help identify the presence of a TBI. These records will also indicate whether a brain injury was sustained and provide details on its severity. A physician’s report that links the TBI to the accident is vital, as it forms the basis for proving that the injury occurred as a direct result of the occurrence.
In many cases, an expert medical professional, such as a neurologist or neuropsychologist, will need to testify to confirm that the TBI resulted from the accident. These experts will review medical records, imaging results, and the circumstances of the accident to support the claim. Their testimony can explain how the brain injury occurred as a direct result of the accident and the specific areas of the brain affected. This expert opinion is important for establishing that the TBI did not result from a pre-existing condition or unrelated factors.
For motor vehicle accidents, police reports and accident reconstruction analyses are also key pieces of evidence. These reports document the details of the crash, such as the speeds and positions of the vehicles involved. In premises accidents, such as slip-and-fall cases, documentation of hazardous conditions (e.g., wet floors, uneven surfaces) is necessary. These reports help to show that the accident occurred under specific circumstances that caused the injury, making it easier to establish a direct link to the TBI and permanent disability.
Witnesses who saw the accident happen can also provide valuable support for the claim. Their testimony can verify the cause and nature of the accident and help show that the injury occurred as a result of it. Eyewitnesses can also describe the injured person’s condition after the accident, further linking the TBI and permanent disability to the event.
To prove that the TBI led to long-term disability, ongoing medical records and evidence of treatment are necessary. This may include physical therapy, cognitive rehabilitation, or other long-term medical care. These documents demonstrate the lasting effects of the injury and help prove that the disability directly resulted from the accident.
Deciding Whether to Settle a TBI Case Involving a Long-term Disability
Deciding whether to settle or litigate a TBI case that leads to long-term disability is a complicated decision that depends on various factors. Both options have pros and cons, and it’s important for the injured party to carefully consider their specific circumstances before making a choice.
Settling a TBI case means that the injured person agrees to a settlement from the at-fault party’s insurance company, and in return, they forgo further legal action. One of the main benefits of settling is the speed and certainty it offers. Settlements typically take less time than going to trial, and the injured party can receive compensation without the uncertainty of a lengthy court process. Additionally, settling avoids the public exposure and stress that often come with litigation.
Settling can also provide a guaranteed payout, which is particularly important when the injured person has immediate medical and financial needs. However, one downside is that settlements may not fully account for the long-term costs of a long-term disability. Once a settlement is accepted, it’s difficult – if not impossible – to ask for more compensation if future problems or lost wages arise.
Litigating a TBI case involves taking the case to court, where a judge or jury will decide the outcome. One of the primary advantages of litigation is the potential for a larger financial award. In court, a jury may award significant compensation for pain and suffering, lost income, and other damages related to long-term disability.
However, litigation is time-consuming, expensive, and uncertain. A court case can take months or even years to resolve, and there is always the risk of losing in court, which may result in no compensation. Additionally, litigation is emotionally taxing, as the injured party will have to relive the details of the accident and injury.
When deciding whether to settle or litigate, several factors should be considered. These include the severity of the injury, the strength of the evidence, and the financial needs of the injured party. It’s also important to consider the likelihood of a favourable court outcome versus the certainty of a settlement. Consulting with an experienced personal injury lawyer can help guide the decision-making process, ensuring that the injured person chooses the best course of action for their future.
Recoverable Compensation for TBIs that Involve a Long-term Disability
When someone suffers a TBI that leads to long-term disability in a motor vehicle collision or premises accident, they may be eligible to recover compensation for their various losses. These damages are designed to address the emotional, financial, and physical effects the injury has on the individual and their quality of life.
- Lost earnings: If the TBI prevents the injured person from working, they can recover compensation for lost income. This includes the income they lost during their recovery period, as well as any time missed from work due to ongoing symptoms or treatment. For individuals who are temporarily or permanently unable to return to their previous job, compensation may be awarded to account for the earnings lost during that period. This can include a detailed calculation of their earnings prior to the accident.
- Loss of Earning Capacity: In cases where the TBI results in long-term disability and affects the person’s ability to work at the same level as before the accident, compensation can also include loss of earning capacity. Compensation for this loss acknowledges that the injured person may be unable to earn as much as they would have without the injury. Experts may be called upon to evaluate how the injury affects the person’s ability to pursue their career or work at a comparable level and how their earnings will be affected in the future.
- Pain and Suffering: Pain and suffering compensation is awarded for the physical and emotional distress that the TBI caused. This can include chronic pain, headaches, and other physical symptoms that disrupt the individual’s daily life. It also covers the emotional and psychological effects of the injury, such as depression, anxiety, mood swings, and loss of life enjoyment. Unlike lost income or loss of earning capacity, pain and suffering damages are subjective, and their amount typically depends on the severity of the injury and its effect on the person’s life.
- Loss of Life Enjoyment: Compensation for this damage addresses the loss of the ability to participate in activities the person once enjoyed before the accident. A long-term disability resulting from a TBI can prevent someone from engaging in hobbies, social events, or family activities. This compensation recognizes the toll the injury takes on the person’s overall quality of life, acknowledging that they can no longer enjoy the things they once did.
- Emotional Distress: A TBI can result in significant emotional and psychological trauma. Victims may experience depression, anxiety, and feelings of helplessness due to the sudden changes in their lives. Compensation for emotional distress acknowledges the mental suffering resulting from the injury and the lasting emotional toll it has on the individual’s well-being.
Speak with a Knowledgeable Personal Injury Lawyer Right Away
If you or someone you love has suffered a TBI and long-term disability in a recent accident, it’s important that you have experienced legal help on your side right away. A knowledgeable personal injury lawyer will gather the medical documentation and other evidence necessary to prove your case. They will also handle every step of the claims-filing and litigation processes for you and pursue the compensation you deserve for your losses.
