Baltimore Brain Injury Lawyer
Have you suffered a brain injury (TBI) in an accident? Speak with our brain injury lawyers today to find out if you have a claim for your injuries. Some accident injuries affect individuals for a short while. Broken bones, road rashes, and muscle tears often heal over time. Traumatic brain injuries (or TBIs for short), on the other hand, can affect accident victims permanently.
Traumatic brain injuries could be caused by a wide variety of accidents or incidents. A seemingly minor fender-bender could result in a brain injury if your neck snaps in an unexpected way. Slip and fall accidents are also another common cause of TBIs.
Some unfortunate children enter the world with preventable brain injury because of mistakes or negligence on the part of the doctor performing the delivery. Victims of brain injuries should be compensated if another party was at fault.
At Rice, Murtha & Psoras, our Maryland brain injury lawyers are aware of the devastating effects an injury has on a person and their family. Our office is committed to fighting for the just compensation brain injury victims deserve. Call (410) 694-7291 to discuss your case.
What is TBI?
The definition of a TBI, according to the Brain Injury Association of America is “An alteration in brain function, or other evidence of brain pathology, caused by an external force.”
They can change someone’s cognitive abilities, personality, and physical capabilities forever.
TBIs are a serious concern after an accident, and could potentially result in high medical bills, not to mention pain & suffering. That’s why if you suspect that your injuries were due to someone else’s negligence, you should contact an experienced Maryland attorney for brain damage caused by surgery to help you secure compensation.
The Impact of Traumatic Brain Injuries on Daily Life in Baltimore
After a TBI, an individual and his or her family may experience several consequences in addition to cognitive and physical changes. A TBI can lead to short and long-term effects, including:
- Loss of Independence. Many who suffer from TBIs may need assistance with daily activities for the rest of their lives. Even those who regain some or most of their abilities may endure years of rehabilitative services that can dictate when, where, and how they live their lives.
- Change in Personality. Brain injuries have the potential to affect the chemical makeup of the person and can result in a completely altered state of mind. As explained on Brainline.org: “Personality can be substantially or subtly modified following injury. the person who was once an optimist may now be depressed. the previously tactful and socially skilled negotiator may now be blurting comments that embarrass those around him/her. the person may also be characterized by a variety of other behaviors: dependent behaviors, emotional swings, lack of motivation, irritability, aggression, lethargy, being very uninhibited, and/or being unable to modify behavior to fit varying situations.”
- Financial Struggles. TBIs often require ongoing care. Individuals must remain hospitalized or in and out of treatment facilities for months or years. Over time, the costs associated with ongoing care add up, and everyday expenses do not stop after an injury.
- Lost Income and Future Wages. Juveniles who have not yet entered the workforce and adults injured in the middle of a career may lose temporary income and their income earning capacity after a TBI.
- Deterioration of Personal Relationships. One of the hardest struggles after a TBI involves personal relationships. Romantic relationships, familial relationships, and friendships may all suffer and affect an injured person’s quality of life after an accident.
Types of Traumatic Brain Injuries in Baltimore
The brain is at the center of what makes you work and function. it controls everything from balance and motor function to personality and thought processing. Types of TBIs can affect different parts of the brain, making symptoms difficult to identify and interpret. Two people who endure serious concussions in the same type of accident could experience completely different outcomes. Common types of TBIs include:
- These injuries range from mild to severe and occur when the brain moves very quickly inside the skull (usually from blunt force trauma).
- A contusion (bruise) on the brain means the brain is bleeding. Minor brain bleeds may resolve on their own, but serious contusions often require surgical interference.
- Diffuse Axonal Injuries. Associated with rotational and shaking incidents, this injury creates movement in the skull, but the brain lags behind. As a result, nerve tissue within the brain may tear and interrupt signaling pathways and chemical releases.
Other types of TBIs occur when the brain experiences physical piercing with an object or if an individual loses oxygen for a prolonged period of time. Each type of broad injury classification results in specific and personal symptoms and injury outcomes.
Common Causes of Traumatic Brain Injury in Baltimore
The causes of TBIs vary as much as the symptoms of each injury. You may not associate serious brain damage with a minor rear-ending accident or a fall in a store, but many accidents can produce injurious results. Some of the most common causes of TBIs include:
- Motor vehicle or car accidents
- Slip and fall incidents
- Sports-related incidents
- Workplace or construction accidents, including falls, being struck, and electrocution
- Medical malpractice incidents, including birth injuries, surgical mismanagement, and pharmaceutical mismanagement
- Faulty and dangerous defective product incidents
If someone else’s negligence or intentional actions caused a serious brain injury, you have the right to pursue action against those responsible. Rice, Murtha & Psoras specialize in serving those who experience TBIs at the hands of reckless and malicious individuals.
Proving Negligence in a Baltimore Brain Injury Case
Plaintiffs in most personal injury cases are required to prove to a court or jury that another party’s negligence caused their injury. This requirement exists in cases arising from traumatic brain injuries as well.
However, the circumstances surrounding the injury will significantly impact what evidence is necessary to hold another party accountable. For example, our Baltimore brain injury attorneys will have to develop a different legal strategy if your injury was caused by a drunk driver rather than a surgical error.
In claims arising from negligence, a victim of a brain injury must prove four elements. Because brain injury cases are complicated, producing documents and evidence to demonstrate these elements is challenging.
Duty of Care
First, the defendant must have owed the plaintiff a legal duty of care. the relationship between the parties often defines this duty. For example, a doctor has a duty to comply with the appropriate standard of medical care when treating their patients. In comparison, a driver owes all other motorists and pedestrians a duty to operate their vehicle safely.
Next, the plaintiff must demonstrate that the defendant’s conduct violated their legal duty of care. If someone was cited for driving while intoxicated after an accident, the police report and toxicological results could be used to prove that the defendant’s conduct deviated from what a reasonable person would have done. the difficulty of proving a breach of duty depends on the facts of the case and the relationship between the parties.
Once a duty and breach have been established, the plaintiff must show that the conduct caused the brain injury. Linking a brain injury to an accident is not always easy, especially if the injury’s symptoms do not present themselves until days or weeks after an accident.
Additionally, in medical malpractice cases, a brain injury could be an avoidable complication despite a medical professional’s conduct. Our experienced personal injury attorneys will have to work closely with your healthcare providers and other medical experts to provide an evidential link between the accident and injury.
To receive compensation because of an injury, a plaintiff must provide evidence of quantifiable losses. Damages in a traumatic brain injury case could include medical expenses, the cost of physical therapy, and lost income.
Product Liability and Baltimore Brain Injury Cases
Traumatic brain injuries are not limited to accidents caused by another person. A brain injury could stem from a defective product. When product malfunctions or is otherwise defective, the manufacturer, designer, or distributor could be held liable if their product caused a brain injury.
Under Maryland law, a plaintiff does not always have to prove negligence if they were injured because of a defective product. A manufacturer, designer, or distributor could be held strictly liable if there is proof that the defect or design flaw existed when the product left the defendant’s control.
The defect must have made the product unreasonably dangerous, it was foreseeable that the product would reach consumers, and the product must have caused the injury. A product liability claim could also arise if the product failed to have adequate warning labels or instructions.
Medical Malpractice and Baltimore Brain Injury Cases
Some injury cases do not require the testimony of medical experts. However, brain injury cases rarely, if ever, fall into this category. Expert medical opinions are crucial in traumatic brain injury claims because an expert could explain the link between the injury and the defendant’s negligence in terms the jury or judge could understand.
If your case arises from medical malpractice, then the importance of a medical expert cannot be understated. A qualified expert will thoroughly examine the medical records, test results, and other documents to establish exactly how the defendant’s conduct deviated from the acceptable standard of medical care.
A successful brain injury case requires more than showing an unfavorable outcome to treatment or a surgical procedure. Medical experts will also gather and generate their own evidence and reports to support their claims. Rice, Murtha & Psoras has the resources and contacts with medical experts necessary to build a compelling and convincing case.
Damages Available in a Baltimore Brain Injury Lawsuit
The fourth element a plaintiff must demonstrate to prove negligence damage. Victims of traumatic brain injuries could be entitled to be compensated for both economic and non-economic damages.
One of the most significant expenses is medical costs arising from the injury and treatment. Someone who suffered a brain injury could be compensated for their doctor’s visits, diagnostic tests, medication, hospitalization, surgeries, rehabilitation, and any required physical or occupational therapy.
Lost income is another devastating financial loss. If a brain injury victim is never able to fully recover and return to work, they should be compensated appropriately. Additionally, a plaintiff is entitled to any money they would lose because their ability to work has been diminished.
Non-economic damages include things such as pain and suffering, constant headaches, or amnesia. Also included are even more subjective losses, such as loss of enjoyment of life. Our experienced attorneys will closely with your medical providers to determine a reasonable estimate of your non-economic damages.
In rare cases, a person could be entitled to punitive damages. Unlike compensatory damages, punitive damages are awarded by the court to punish a defendant because their conduct was grossly negligent, malicious, or intentional. Therefore, the severity of your injury might not impact punitive damages. the amount awarded is meant to serve as a deterrent for future behaviors.
Find an Experienced Baltimore TBI Injury Attorney
We encourage all TBI victims and/or their families to reach out for a free case evaluation. Filing a lawsuit will not undo a TBI, but it can help you and your loved ones cope with the long-term effects of a serious diagnosis and provide a sense of justice after a preventable incident.
For more information about what makes our dedication and case approach different, contact our Baltimore personal injury lawyers at Rice, Murtha & Psoras in Baltimore or Lutherville, MD today at (410) 694-7291.