Brain injuries are some of the worst injuries that can happen in an accident. Serious brain injuries can affect you for the rest of your life, resulting in motor skill issues, cognitive issues, and overall disabilities.
Our lawyers help you seek justice for your injuries by getting compensation. This can help pay for treatment, cover you while you cannot work, and pay you for the pain, suffering, and emotional distress of the injuries.
Call Rice Law’s brain injury attorneys at (410) 694-7291 for a free case evaluation today.
Types of Brain Injuries in Personal Injury Cases
Our brain injury lawyers can help with all kinds of brain injury cases.
Traumatic Brain Injury (TBI)
Traumatic brain injuries include any injury from blunt force or other trauma to the head. These injuries can come from open or closed head injuries (injuries that do or do not penetrate the skull).
Even simple accidents like car crashes and falls can cause serious impairment from a TBI.
Concussions
Concussions are a form of mild TBI, but they can leave you with persistent symptoms. Post-concussion syndrome can leave you with ongoing concentration issues, headaches, dizziness, and other symptoms for a prolonged period.
Additionally, repeat concussions can leave you with CTE (chronic traumatic encephalopathy) that can lead to erratic behavior, depression, cognitive impairment, and potentially early death.
Hypoxic and Anoxic Brain Injuries
Hypoxic (low-oxygen) and anoxic (no oxygen) injuries come from strangulation, chemical exposure, and other issues that cut off the flow of oxygen to the brain. These are common in birth injury cases and can potentially leave babies with lifelong effects, such as cerebral palsy.
Stroke
Lack of blood flow to the brain can cause a stroke, leading to brain tissue death and persistent health effects. Weakness, motor control issues, cognitive impairment, and speech difficulty are all common symptoms.
While most strokes do not happen from accidents, you can face a sudden stroke as a symptom or side effect of other injuries or from the treatment of a serious injury after complications with clotting.
Brain Cancer
Brain cancer can be caused by chemical exposure, radiation exposure, and other issues. It is not uncommon for brain cancer to develop after years of work in a dangerous industry.
Infection and Illness
Encephalitis and meningitis are extremely dangerous effects of infections and other illnesses. These can cause serious health outcomes and potential death. These can be contracted in many ways.
Who Can You Sue for Brain Injuries?
How your accident happens will play a major part in who is responsible and who we can sue for damages.
At-Fault Parties
Generally, lawsuits are filed against parties who directly caused the accident. There are some exceptions, such as suing someone else’s employer for injuries their worker caused you while working.
The parties discussed below are generally examples of at-fault parties.
Property Owners
Many head and brain injuries occur in falls. Whether this is a slip and fall on an icy sidewalk or a fall from a balcony collapse, you could suffer serious brain injuries from any fall.
The owner of the property is usually liable for dangerous premises.
Drivers
Although airbags are meant to protect the head in a crash, you can still suffer serious brain injuries in a car crash. These cases are usually filed against the at-fault driver.
If you were hit by a truck, you may be able to sue the truck driver’s employer in their place.
Doctors
Many brain injuries to infants are birth injuries. These are often caused by doctors who make mistakes, such as failing to order an emergency C-section when the baby’s umbilical cord is cutting off oxygen. Improper use of forceps is also a major cause of brain injuries as birth injuries.
Product Manufacturers
Many brain injuries are caused by product manufacturers. For example, defective helmets may allow injuries they were supposed to prevent.
And More
There may be other parties at fault in your specific case, depending on how the accident happened. Have our brain injury lawyers research the facts of the case to find the right party or parties to sue.
No Lawsuits Against Your Employer
In work injury cases, there is one party you usually cannot sue: your employer. You can still sue outside third parties for work injuries, but you are usually limited to a Workers’ Compensation claim against your own employer for work-related injuries.
Medical Bills for Brain Injury Cases
The cost of treating brain injuries can be quite high. You may need
- Multiple rounds of surgeries
- Implants (e.g., titanium plates)
- Physical therapy and rehabilitation
- Occupational therapy
- Mental health therapy
- Medication
- Mobility aids (crutches, wheelchairs)
- Home adaptations (ramps, handicap accessible features)
- Home nursing care
- And more.
These costs are incredibly expensive and may only be affordable if insurance covers them after your accident.
Lost Wages in Brain Injury Cases
Odds are that a brain injury will cause you to miss at least some work. This can be during your recovery – such as a few days off to recover from a concussion – but may involve a more extended leave of absence or even total disability.
Accounting for future lost earnings is a big part of your case. Especially for brain injuries to children and infants – e.g., hypoxic ischemic shock during birth – their total life might face ongoing lost earnings.
Pain and Suffering Damages for Brain Injuries
Pain and suffering is a complex issue with brain injuries, since your entire life is affected. Pain and suffering account for these issues, paying higher damages for more serious injuries:
- Physical pain, which may or may not be high depending on how the injury affects your perception of pain.
- Mental suffering
- Feelings of loss
- Lost enjoyment
- Lost ability (e.g., abilities of daily living, dressing yourself, caring for yourself)
- Embarrassment
- Depression
- PTSD symptoms.
Accounting for all of this is difficult, so always talk to a lawyer about how to value these damages. Never trust the insurance company’s valuation to be correct.
Call Our Brain Injury Attorneys in Montgomery Village for Help Today
Call Rice Law’s brain injury attorneys at (410) 694-7291 for a free case review.