Traumatic brain injuries, or TBIs, frequently happen in motor vehicle collisions and premises accidents where others are negligent. If you or someone you love suffered a TBI, a skilled traumatic brain injury lawyer can handle all communications with the insurance company on your behalf. They understand the tactics adjusters use to minimize payouts and will ensure that your rights are protected.
A lawyer can also gather critical evidence, such as medical records and expert testimony, to prove the extent of your injury and its overall effect on your life. They will negotiate with the insurance company adjuster to secure a fair settlement, accounting for all aspects of your injury, including pain, suffering, and lost earnings. If necessary, they can also pursue a lawsuit in court to ensure you receive the full compensation you deserve.
Accidents that Can Lead to a TBI
TBIs are a serious concern when it comes to motor vehicle crashes and premises accidents. These types of injuries occur when an external force causes damage to the victim’s brain, either by a direct impact or by sudden movement that leads to the brain striking the inside of the skull.
Motor Vehicle Collisions (MVCs)
Motor vehicle collisions are one of the leading causes of TBIs. The most common types of crashes that result in these injuries include:
- Rear-End Collisions: These accidents happen when one vehicle crashes into the back of another. Passengers in the struck vehicle may experience whiplash, which can cause the brain to move violently within the skull, leading to a TBI.
- Head-On Collisions: When two vehicles collide front-to-front, the force of impact can cause severe head injuries. Drivers and passengers often strike the steering wheel, dashboard, or windshield, increasing the risk of a TBI.
- Side-Impact Collisions: Also known as T-bone crashes, these accidents occur when one vehicle is struck on its side. Passengers on the impacted side are particularly vulnerable to head injuries from striking windows or side panels.
- Rollover Accidents: In rollover crashes, the vehicle flips over, causing occupants to hit multiple surfaces inside the car. This type of accident often results in the most severe TBIs.
- Pedestrian or Cyclist Crashes: Motor vehicle accidents involving pedestrians or cyclists often result in TBIs, as these individuals are less protected compared to passengers inside vehicles.
Premises Accidents
Premises accidents, which occur on someone else’s property, are another common cause of TBIs. These incidents can include:
- Slip-and-Fall Accidents: Slippery floors, uneven surfaces, or poorly maintained stairs can cause someone to fall and hit their head. Falls are a leading cause of TBIs, especially among older adults and children.
- Falling Objects: Items that fall from shelves or construction areas can strike individuals on the head, causing blunt-force trauma.
- Faulty Equipment or Structures: Defective handrails, collapsing structures, or malfunctioning machinery on a property can result in head injuries.
Types of Necessary Medical Treatment for TBIs
TBIs are among the most serious injuries a person can suffer following a motor vehicle collision or a premises accident due to someone else’s negligence. The medical treatment for a TBI is vital in ensuring the best possible recovery. The type of care needed depends on the severity of the injury and often requires a combination of emergency, acute, and long-term care.
First, immediate medical treatment is essential for managing a TBI. Emergency responders and hospital staff focus on stabilizing the accident victim. This includes ensuring proper oxygen supply, maintaining blood pressure, and preventing further brain injury. Imaging tests such as CT scans or MRIs are used to assess the extent of the damage. If there is swelling, bleeding, or pressure on the brain, surgery may be necessary to remove clots, repair fractures, or relieve intracranial pressure.
In moderate to severe TBIs, accident victims may require hospitalization. During this phase, doctors monitor the victim’s brain activity and vital signs closely. Medications are often prescribed to prevent seizures, reduce swelling, and manage pain. Diuretics may be used to decrease fluid buildup in the brain, and sedatives can help victims rest while their brain begins to heal. Intensive care is common during this stage, especially if the patient is unconscious or in critical condition.
Rehabilitation plays a critical role in helping TBI victims regain physical, cognitive, and emotional functioning. This phase often involves a team of specialists, including physical therapists, occupational therapists, speech therapists, and neuropsychologists. Physical therapy helps restore movement and coordination, while occupational therapy focuses on helping victims relearn everyday tasks. Speech therapy is important for those who experience difficulty with communication or swallowing. Counselling or psychiatric care may also be necessary to address emotional and behavioural changes resulting from the injury.
For the most severe TBI cases, ongoing care may be necessary for months or years. Accident victims may need assistive devices or home modifications to improve their quality of life. Regular follow-ups with neurologists and other specialists help to ensure that the condition is monitored and managed effectively.
How a Lawyer Can Handle Insurance Company Adjusters for You in a TBI Case
A TBI can have life-changing consequences, and dealing with insurance company adjusters while trying to recover can be overwhelming. Insurance adjusters often work to minimize the amount paid on claims – even in severe cases like TBIs. A skilled personal injury lawyer can handle these adjusters on your behalf, protecting your rights and ensuring that you receive the compensation you deserve.
Understanding the Tactics of Insurance Company Adjusters
Insurance adjusters are trained to protect their company’s financial interests. They may downplay the severity of your TBI, claim that your injury existed before the accident, or offer a quick, low settlement that doesn’t reflect the true cost of your lost income, pain and suffering, and other losses. Adjusters may also ask misleading questions or pressure you to give recorded statements that can be used against you. A personal injury lawyer understands these tactics and knows how to counter them effectively.
Building a Strong Case
A skilled lawyer will gather all of the necessary evidence to prove the severity of your TBI and the at-fault party’s liability. This includes medical records, diagnostic tests, expert opinions from neurologists or other specialists, accident reports, and witness statements. By presenting a well-documented case, your lawyer can demonstrate the full extent of your injury and the effect it has on your life, making it harder for insurance adjusters to argue for a lower settlement.
Negotiating Fair Compensation
Your lawyer will handle all communication with the insurance company, ensuring that you don’t say anything that may hurt your claim. They will use their experience to negotiate a settlement that accounts for all of your lost income, inconvenience, pain, and suffering. Lawyers are skilled negotiators who understand the true value of TBI cases and won’t be intimidated by aggressive adjusters.
Taking Legal Action if Necessary
If the insurance company refuses to offer you a fair settlement, a personal injury lawyer can file a lawsuit and take your case to court. This demonstrates to the insurance company that you are serious about pursuing full compensation. Often, this pressure leads to better settlement offers before the case even goes to trial.
By retaining a skilled personal injury lawyer, you can focus on recovering from your TBI while they handle the complex interactions with insurance adjusters. Their legal knowledge and skills can make a significant difference in ensuring you receive the justice and financial support you need.
Proving TBIs in a Personal Injury Case
Proving a TBI in a personal injury case arising from a motor vehicle crash or premises accident requires careful documentation, expert testimony, and a detailed presentation of the injury’s effect on the victim’s life. Because TBIs are not always visible to the naked eye, it’s important to gather compelling evidence that shows the injury’s severity and long-term effects. Here are some important steps to prove a TBI in a personal injury case.
- Medical Records and Imaging Tests: The first and most important step in proving a TBI is obtaining thorough medical documentation. After the accident, it’s essential to seek ongoing medical attention. Doctors will typically perform imaging tests like CT scans or MRIs to look for signs of brain injury, such as bleeding, swelling, or brain damage. These diagnostic results are critical pieces of evidence that can establish the presence and extent of a TBI. Medical records showing the diagnosis, treatment plans, and follow-up care are also vital to demonstrate the severity of the injury.
- Expert Testimony: In TBI cases, expert testimony from medical professionals such as neurologists, neuropsychologists, or trauma specialists is often required. These experts can testify about the nature of the brain injury, its long-term effects, and how the injury resulted from the accident. They may explain how TBIs can affect a person’s cognitive functions, memory, mood, and motor skills and how these changes are consistent with the symptoms the victim is experiencing. Expert testimony helps to strengthen the connection between the accident and the injury, making it more difficult for the opposing party to deny the claim.
- Symptoms and Effects on Daily Life: The symptoms of a TBI may include headaches, dizziness, confusion, memory loss, and changes in mood or behaviour. Keeping a detailed record of these symptoms and how they affect daily activities is important. Witness statements from family members, friends, or coworkers who observe the victim’s struggle with these symptoms can also support the case. For example, if the victim has difficulty returning to work, completing household tasks, or participating in social activities, this evidence shows the profound effect the injury has on their life.
- Accident Reports and Liability: To prove that the TBI resulted from the accident, accident reports, eyewitness testimony, and any available video footage can help establish liability. This evidence should demonstrate that the other party’s negligence or recklessness caused the accident, leading to the TBI.
Compensation You Can Recover for a TBI
In a TBI case, there are several losses that you might suffer that you can recover. These damages are designed to compensate you for the wide-ranging effects that a TBI can have on your life, both in the short-term and long-term.
First, a TBI can make it difficult or even impossible for you to work, either temporarily or permanently. You can seek compensation for the income you’ve already lost due to being unable to work while recovering. If your injury is severe enough that you can no longer perform your previous job, or if you are forced to switch careers, you may also be entitled to compensation for lost earning capacity. This reflects the difference between what you would have earned had the injury not occurred and what you can earn in the future.
Pain and suffering compensation is meant to address the physical pain and emotional distress you experience due to your TBI. This includes the pain of the injury itself, as well as the ongoing discomfort and mental anguish that may arise as a result of the long-term effects of the TBI. In many cases, pain and suffering also considers the effects on the victim’s quality of life, such as the inability to enjoy hobbies, relationships, or everyday activities.
Loss of consortium refers to the negative effect a TBI has on a person’s relationship with their spouse. This can include the loss of companionship, affection, and sexual relations. If your TBI has significantly affected your ability to maintain these relationships, your spouse may be entitled to compensation for the emotional toll this has caused.
In addition to physical pain, a TBI often leads to emotional and psychological consequences, such as depression, anxiety, or post-traumatic stress disorder (PTSD). Compensation for emotional distress is meant to address these mental health challenges that arise from the injury and can significantly affect your ability to function in daily life.
Punitive damages are rare but may be awarded in cases of extreme negligence or intentional misconduct. They are designed to punish the responsible party and deter others from engaging in similar behaviour. If the at-fault party’s actions were grossly negligent or reckless, punitive damages may be awarded in addition to compensatory damages.
Call an Experienced TBI Lawyer Right Away
If you or someone you love suffered a TBI in a motor vehicle collision or premises accident that a negligent party caused, you are not alone. A skilled personal injury lawyer will handle all insurance company dealings for you and aggressively negotiate on your behalf. If the insurance company will not make you a fair settlement offer, your lawyer can litigate your case to a resolution in court.
