What You Need to Know About Traumatic Brain Injury Claims

What You Need to Know About Traumatic Brain Injury Claims 2

Accidents can be devastating for victims and their loved ones. But the impact of sustaining a traumatic brain injury in an accident can be far more debilitating than other personal injury cases.  

There are more than 5.3 million individuals in the United States who are living with a permanent brain injury-related disability, according to the Brain Injury Association of America. And at least 2.8 million Americans sustain traumatic brain injuries in the the United States each year, which leads to an equally large number of lawsuits for those traumatic injuries.

A key consideration when dealing with brain injury claims is the severity of the injury. While some traumatic brain injuries may only result in temporary symptoms such as headaches or dizziness, others can lead to permanent cognitive and physical impairments.

For instance, victims of severe traumatic brain injuries may experience memory loss, vision loss, coma, difficulty speaking or understanding language, and even paralysis.

Irrespective of the damage, there is no denying that traumatic brain injuries drastically inhibit the victim’s quality of life.

It is crucial for victims of traumatic brain injuries to seek compensation for damages such as medical expenses, lost wages, and pain and suffering.

This article provides an outline of the key factors you need to know about brain injury claims and the various eligibility and other aspects of dealing with the repercussions of these traumatic injuries 

What Is Traumatic Brain Injury?

In simple terms, TBI can be defined as any injury to the brain sustained due to trauma caused to the head. While any injury to the head is a matter of concern, not all brain injuries are debilitating or severe in nature.

However, even in mild to moderate injuries, victims can experience vision change, slurred speech, or other mental problems like depression, anxiety, and drowsiness. Other common brain injury symptoms include vomiting, nausea, headache, and dizziness.

Eligibility For Filing Compensation Claim:

Brain injury claims fall under the broader umbrella of personal injury law. That means, for you to be eligible for compensation, it is first necessary to establish that your injuries were sustained due to the negligence of another party. This entails proving that:

  • The defendant owes you a duty of care;
  • The defendant breached the duty due to negligence; and
  •  You sustained injuries due to this breach of duty.

From a general point of view, if you believe your injuries were caused due to another party’s negligence, you are eligible to file a compensation claim. This would include injuries sustained due to the following:

  • Car Accidents
  • Workplace Accidents
  • Medical Malpractice/Negligence
  • Premise Liability
  • Criminal Assault

Time Limit For Filing The Claim:

Contrary to what people may believe, there is a time limit to filing for personal injury claims. This deadline is called the statute of limitations. Additionally, the statute of limitations differs from state to state. While certain states may allow up to 5 years to file a claim, the deadline in other states could be as low as three years. 

Therefore, when planning to file a claim for your brain injury, getting in touch with a lawyer familiar with local laws is integral.

We spoke with a reputable San Francisco brain injury lawyer about filing a claim on time and were advised of exceptions to brain injury claims for statute of limitations in some instances. These include:

  • Lack of mental capacity
  • Children
  • Claims made abroad
  • Criminal assaults

What Does Compensation Include?

The total compensation you would receive depends on the nature of your injuries. Since brain injury cases differ in severity, your total payout would be calculated based on several different factors. Nevertheless, you can expect compensation to be provided for the following:

  • Medical bills
  • Lost wages
  • Loss of future earnings
  • Value of a family member becoming a full-time caregiver
  • Equipment and special aid
  • Damage to property 
  • Travel expenses

In addition to compensation for economic loss, brain injury claims also provide compensation for non-economic damage:

  • Pain and mental suffering
  • A decline in quality of life
  • Emotional distress

Final Thoughts:

Filing for a brain injury claim can be stressful, especially in cases of extreme injuries. That is why hiring an experienced attorney to represent you on your behalf is essential. Not only can professional legal help get you better results, but a lawyer can also ensure you get the compensation you deserve. 

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