Traumatic brain injuries (TBI) are caused by a sudden impact on the brain. They can be a result of an accident, sports, or even a fight. Traumatic brain injuries have varying effects depending on the intensity and part of the brain that is hurt. TBIs may range from mild TBIs which cause concussions to severe TBIs that may cause permanent brain damage, amnesia, and even loss of some functionalities such as movement or sight.
Every year close to 2.8 million people died of TBI-related injuries. They are a leading cause of great physical, emotional, and financial burdens to people. When traumatic brain damage is caused by negligence, it is important to ensure that the party responsible for it helps the family bear the emotional, financial, and physical burden by seeking the services of a traumatic brain injury lawyer.
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What are the Symptoms of TBIs?
Traumatic brain injuries vary in their intensity. The severe brain injuries that cause amnesia or loss of functionality are easy to diagnose. However, mild TBIs present in different ways and one may miss them. Some of the symptoms include brief loss of consciousness, headache, confusion, lightheadedness, dizziness, blurred vision, ringing of the ears, and lethargy among many other.
Moderate TBIs may cause persistent headaches, repeated vomiting and nausea, slurred speech, convulsions and seizures, and weakness or numbness of arms and legs, among many others. To get a diagnosis, one needs a CT scan or an MRI from a neurologist. For legal purposes, the Neurologist’s report is crucial in presenting evidence.
The Legal Aspect
TBI-related cases are a major concern in personal injury claim disputes. They form a huge number of personal injury cases that reach the courts. Most TBI cases are based on negligence. The plaintiff usually sues the defendant for failing to do their part leading to an accident that causes a TBI. For this case to be successful, the plaintiff must prove that the defendant owed a duty of care.
They must prove that it was the duty of the defendant to ensure that the accident that caused the TBI did not occur. They also need to prove that the defendant failed to act thus causing the accident. Their action or inaction caused the accident that led to the TBI. The plaintiff also needs to prove that they suffered quantifiable and verifiable damages that inform their claim of settlement. TBIs have many dynamics and require an experienced attorney in dealing with them.
Settlement
TBIs have been known to collect huge settlements for the plaintiffs in cases where they have managed to prove the failure of the defendants caused their TBI. Landmark cases have had the plaintiff awarded between a million and ten million dollars. On average, successful traumatic brain damages cases collect over a million dollars in compensation. The decisions are reached depending on the severity of the brain damage, the medical costs of treatment, and future medical costs in managing the brain damage. When one suffers a traumatic brain injury, they should consider looking for a law firm with experienced TBI lawyers to help them get compensation for their injuries.
