Negligent individuals are often responsible for motor vehicle crashes and premises accidents that result in traumatic brain injuries (TBIs). In motor vehicle accidents, negligence may include distracted driving, speeding, or driving under the influence. For premises accidents, property owners may fail to maintain safe conditions, such as repairing hazards or providing proper warnings about dangerous areas. These negligent actions can lead to serious accidents that cause TBIs.
TBIs resulting from these accidents can range from concussions to severe brain damage. In motor vehicle crashes, TBIs often occur due to the brain being violently jolted or struck during impact. Premises accidents, such as slip-and-falls or being hit with falling objects, can also cause TBIs when the victim’s head strikes a hard surface.
In these cases, insurance companies frequently try to avoid paying fair compensation by blaming the victim for their injury. They may argue that the victim acted carelessly or that the TBI resulted from preexisting conditions. A skilled TBI lawyer can gather evidence, counter these tactics, and fight to secure the compensation you deserve.
Types of Occurrences that Can Lead to TBIs
TBIs may result from various types of motor vehicle crashes and premises accidents due to others’ negligence. These injuries, which range from concussions to severe brain damage, often have life-altering consequences.
Motor vehicle accidents are one of the leading causes of TBIs. Among these, rear-end collisions are particularly common. When a vehicle is struck from behind, the sudden jolt can cause the driver or passengers to experience whiplash, which may result in the victim’s brain being forcefully shaken inside the skull.
Side-impact collisions, also known as T-bone accidents, are another major cause of brain injuries. These crashes occur when a vehicle is struck on its side, often at intersections. The violent force of impact can lead to severe head trauma, especially if the vehicle lacks sufficient side-impact protection.
Rollovers are yet another dangerous type of motor vehicle crash. In these accidents, the car flips onto its side or roof, exposing occupants to significant risks of head injuries, either from direct contact with the vehicle’s interior or from being ejected.
Premises accidents are another category where negligence can result in TBIs. Slip-and-fall accidents are among the most frequent causes of brain injuries on private or commercial properties. Wet floors, uneven surfaces, or poorly maintained walkways can cause individuals to fall, striking their heads on hard surfaces.
Similarly, falling objects in retail stores, warehouses, or construction sites can lead to TBIs. Negligent shelving practices, unsecured equipment, or a lack of warning signs can result in heavy or sharp objects hitting someone on the head. Inadequate security or poorly lit staircases can also contribute to falls that result in TBIs.
Both motor vehicle crashes and premises accidents often occur because of another party’s failure to uphold their legal duty of care. Whether it’s a distracted driver or a negligent property owner, these avoidable mistakes can lead to serious harm.
Necessary Medical Treatment for Various Accident-related TBIs
TBIs resulting from accidents often require different types of medical treatment, depending on the severity of the injury. Each type of TBI requires specific care to promote recovery and prevent further complications.
For TBIs like concussions, the primary focus is on rest and symptom management. Accident victims are often advised to avoid physical and mental activities that may worsen their symptoms. Over-the-counter pain relievers, like acetaminophen, can be used to manage headaches, and victims are typically monitored for worsening symptoms, such as confusion or prolonged dizziness. In many cases, TBIs can heal with proper care and time.
Moderate to severe TBIs require more intensive medical intervention. Emergency care is often the first step since stabilizing the accident victim is critical. Doctors work to ensure proper oxygen supply to the victim’s brain and control blood pressure to prevent further damage. Diagnostic tests, such as CT scans or MRIs, are used to assess the extent of the victim’s injury.
Surgery may also be necessary in severe cases. Procedures can include removing blood clots (hematomas), repairing skull fractures, or relieving pressure inside the skull due to swelling. Without surgery, the victim’s brain can sustain further damage from the increased pressure.
Rehabilitation is a key part of treatment for more serious TBIs. Physical therapy helps accident victims regain strength and coordination, while occupational therapy focuses on relearning daily tasks and skills. Speech therapy is often necessary if the injury affects communication or swallowing. Cognitive therapy can help victims address memory problems, difficulty concentrating, or other mental challenges resulting from the injury. These therapies aim to restore as much function as possible and improve the accident victim’s quality of life.
In some cases, medications are prescribed to manage symptoms such as seizures, depression, or anxiety, which are common after TBIs. Victims may also benefit from psychological counseling to cope with the emotional effects of their injury.
How and Why Do Insurance Companies Try and Blame Accident Victims for TBIs?
Insurance companies often attempt to shift blame onto motor vehicle accident or premises accident victims for their TBIs and related symptoms to reduce or deny compensation. This strategy is rooted in the company’s goal of protecting profits by minimizing payouts – even when victims have legitimate claims. By questioning the cause or severity of the injury, insurers create doubt about their liability.
In motor vehicle accident cases, insurance companies may argue that the victim’s actions contributed to the crash. For example, they may claim the victim was speeding, distracted, or failed to take proper precautions to avoid the accident. Even if these claims are not true, presenting them can shift some or all of the blame onto the victim, which may reduce the amount of compensation the victim is entitled to recover. Additionally, insurers may argue that the force of the collision was too minor to cause a TBI, attempting to downplay the severity of the injury. This tactic is often supported by their own hired medical experts, who may dispute the accident victim’s diagnosis or symptoms.
In premises liability cases, such as slip-and-fall accidents, insurance companies frequently blame the victim for not being cautious enough. They may argue that the hazard, such as a wet floor or uneven surface, was “open and obvious” and should have been avoided. They may also claim that the victim was distracted, wearing inappropriate footwear, or engaging in reckless behavior that contributed to the accident. These arguments are designed to deflect responsibility from the property owner and onto the injured party.
Furthermore, insurance companies may question the legitimacy of the victim’s TBI symptoms by suggesting that the injury is exaggerated, preexisting, or unrelated to the accident. They often review the victim’s medical history to find evidence of prior injuries or conditions that can be blamed for the current symptoms. This tactic is particularly harmful because TBIs are complicated injuries that may not show visible signs, making it easier for insurers to argue that the victim is overstating their condition.
These strategies are employed to reduce payouts and protect the company’s bottom line, often at the expense of accident victims. To counter these tactics, victims need strong legal representation and detailed medical evidence to prove liability and establish the true effect of their injuries.
How to Prove a TBI in an Accident Case
Proving a TBI in a motor vehicle or premises accident case requires clear evidence that demonstrates both the injury itself and the negligence of another party. A skilled lawyer plays a critical role in gathering and presenting this evidence to satisfy the legal elements of a personal injury claim: duty, breach, causation, and damages.
The first step in proving a TBI is providing medical evidence that establishes the existence and severity of the injury. A lawyer will obtain detailed medical records, including diagnostic tests such as CT scans, MRIs, or neuropsychological evaluations, which can reveal damage to the brain. Testimony from medical professionals, such as neurologists or neuropsychologists, can further explain the nature of the TBI, its symptoms, and its long-term effects on the victim’s life. These experts help connect the injury to the accident and refute claims by insurance companies that the injury was preexisting or unrelated.
In a motor vehicle accident case, a lawyer must also demonstrate how the defendant’s negligence caused the crash and the resulting TBI. This may involve obtaining the police report, eyewitness statements, and accident reconstruction expert testimony. For example, if a distracted driver rear-ended the victim’s car, evidence such as phone records or traffic camera footage can be used to show the driver’s inattention. Similarly, in a premises accident case, the lawyer must prove that the property owner failed to maintain a safe environment. Evidence may include photos of hazardous conditions, maintenance records, or surveillance footage showing the unsafe circumstances that led to the fall or injury.
A skilled lawyer will also introduce evidence to establish the full extent of the victim’s damages, including physical, emotional, and financial losses. This may include testimony from vocational experts about the victim’s reduced ability to work, as well as statements from family members about how the TBI has affected the victim’s daily life and relationships. Financial records, such as lost income documentation, are also essential in quantifying damages.
By combining this evidence with persuasive legal arguments, a skilled lawyer can build a strong case that satisfies the legal elements of negligence. This approach not only proves that the TBI resulted from the accident but also helps secure fair compensation for the victim’s suffering and long-term needs.
Compensation You Can Recover for a TBI in an Accident
After suffering a TBI in a motor vehicle or premises accident due to someone else’s negligence, victims may be entitled to recover compensation for various damages. This compensation addresses the effects of the injury on the victim’s life, focusing on personal, emotional, and financial losses that arise from such a life-changing event.
One significant category of compensation is lost income. A TBI often disrupts a person’s ability to work, either temporarily or permanently. Victims can recover compensation for income lost during their recovery period. Additionally, if the injury prevents the victim from returning to their previous job or reduces their ability to earn the same level of income, they may receive compensation for loss of earning capacity, accounting for their diminished ability to work in the future.
Another important type of compensable damage is for pain and suffering. TBIs can cause significant physical pain, emotional distress, and mental anguish. These injuries often disrupt a person’s quality of life, causing difficulties such as chronic headaches, fatigue, memory loss, or depression. Compensation for pain and suffering is intended to provide financial acknowledgment of these personal struggles.
Victims may also recover damages for loss of life enjoyment. TBIs can limit a person’s ability to engage in activities they once enjoyed, such as hobbies, social events, or physical activities. If the injury diminishes the victim’s ability to live their life as they once did, this compensation can help address that loss.
Emotional distress damages can also be claimed for compensation in TBI injury cases. These damages account for the psychological effects of the injury, including anxiety, depression, or post-traumatic stress disorder (PTSD) resulting from the accident or its aftermath. The emotional toll of a TBI is often profound and long-lasting, making this compensation vital.
By seeking compensation, TBI victims can address the many non-medical ways their injury has affected their life, ensuring that they receive fair acknowledgment and support for their personal and emotional losses.
Contact an Experienced TBI Lawyer Today
If you or a person you love has suffered a TBI in a recent motor vehicle collision or premises accident, you need legal help right away. A knowledgeable personal injury lawyer will gather the medical documentation and other evidence necessary to prove your case and fight the insurance company on your behalf. If the insurance company refuses to make you a fair settlement offer or disputes liability, your lawyer can file a lawsuit in court and litigate your case to a swift resolution.
