At Lein Law, we understand the challenges presented to those and their loved ones who have been the victim of an accident that caused a traumatic brain injury. We can help recover compensation for the injuries they may have suffered as a result of accident. Call 715-634-4273 or get a free consultation.
Traumatic Brain Injury (TBI) is a form of brain damage which can occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue. A TBI can be caused by a number of things such as car accidents, motorcycle accidents, farming accidents, falls, sports injuries, industrial accidents etc.
A TBI is defined as a blow or jolt to the head or body that causes the skull to move rapidly back and forth. This can cause the brain to bounce or twist in the skull, stretching and damaging brain tissue. It is usually caused by some sort of impact to the head, but it can occur without an obvious impact (e.g. during a fall, or when the head is suddenly whipped forward in a car crash).
Traumatic Brain Injuries are one of the leading causes of death and disability worldwide, according to the World Health Organization (WHO). Between 10% and 20% of people who suffer from TBIs die immediately or soon after injury, while the remaining 80% will live but with long-term disabilities. TBIs can be complicated and/or life-threatening because they disrupt the normal function of the brain, which controls everything from breathing to heart rate to body movement and even consciousness. As a result, effects may appear immediately or not until months after injury.
Treatment for Traumatic Brain Injuries
Treatment for a TBI usually involves surgery, medications and physical therapy. Recovery time varies depending on the extent of damage to brain tissue, but it can take months or even years for a patient’s functioning to return to normal.
TBIs don’t just affect people physically, they also can cause mood swings and personality changes depending on where the injury occurred in the brain. For instance, if the injury occurred near an area that controls decision-making or personality, a victim’s behavior may be altered for a long period of time.
The only way to prevent TBIs is with head protection in dangerous situations. Every year, approximately 2 million people suffer from TBIs – more than 1.5 million men and nearly 500,000 women. TBIs can occur at any age, with infants and the elderly being particularly vulnerable populations.
If you have suffered from a TBI or lost a loved one in an accident caused by someone else’s negligence, it is important to contact a personal injury attorney immediately for help making your claim for compensation as soon as possible.
Typical Compensation for Traumatic Brain Injuries in Accidents
Compensation for TBIs differs in each case, due to the severity and effect that it has on a person’s life. Some of the factors which are considered during compensation include:
How long you take to recover?
For example, if a TBI patient takes two years or more to recover from their injuries, they may be entitled to compensation for loss of income during that time.
At What Level of Brain Functioning Do You Remain?
If a TBI is particularly severe, it can impact someone’s ability to perform even basic daily tasks such as bathing and dressing themselves. If this is the case, the victim may be entitled to compensation for their inability to care for themselves independently.
You have the right to recover compensation after a TBI caused by another party’s negligence. Working with a personal injury attorney can help you understand your rights and options, as well as what it takes to file this sort of claim for compensation and recover cost like medical care including:
- lost wages (past/future)
- cost of medication
- long term care/treatment
- trauma counseling etc.
- pain and suffering
And if you lost a loved one in an accident, talk to your attorney about what compensation may be due for the following expenses:
- medical costs of their hospitalization and treatment
- funeral arrangements AND burial costs
- loss of income while they were working
- downtime from work and/or loss of job because of injuries that make it hard to continue
- cost of their medical treatment, ongoing physical therapy and medication
- pain and suffering they experienced while alive
- mourning/grieving your loss
Traumatic Brain Injuries at Work
If your injury occurred while you were working, it is important to understand that a TBI claim is very different from an ordinary personal injury claim. Under Pennsylvania and federal workers’ compensation laws , all qualified employees are entitled to benefits when they are injured on the job, regardless of who is at fault for the accident.
But there may be instances when an injury occurs that is not addressed by workers’ compensation law. If you have sustained a TBI from someone else’s negligence while at work, you should consult with a personal injury attorney about what compensation may be due in your case.
Most workplace TBI injuries are not caused by a single incident, but rather by repeated trauma to the head over time. For instance, working with dangerous machinery or unsecured objects can lead to TBIs if an employee is not properly trained or protected from accidents. To learn more about what types of workplace TBIs are most common, click here: Workplace TBI Statistics .
If your employer has a responsibility to provide you with the equipment and training necessary to perform your job safely, but failed to do so, this could be considered negligence on their part. In many cases, employers will argue that they had policies in place to protect employees, but if a violation of safety training and procedures is proven, TBI injuries could be compensable.
To learn more about how you can prove negligence on someone else’s part after an accident caused by their failure or refusal to provide proper equipment or training for your job , click here: Proving Negligence .
The Role of Insurance Agencies in Your Case
If your injury occurred at a work site, you should be aware that the purpose of an insurance company is not to pay out money. Instead, an insurance company is there to ensure that the financial risk of any injuries incurred at work are ultimately handled by them.
If you have been injured and your employer does not carry workers’ compensation insurance, you may be entitled to file a claim with the state’s Uninsured Employers Fund , provided in most states by the state government. You must apply for this type of financial assistance within a certain time frame. Click here: File for Uninsured Employers’ Fund .
In order to file a claim with an insurance company, you will need to provide them with medical proof that your injuries require treatment and designate in writing the amount of money they should be reimbursing you. If you are having trouble getting your insurance claim settled, talk to a personal injury attorney about what you should do next.
Talk to a Personal Injury Attorney About Your Case
When you talk to a personal injury attorney about your case, one of the first things he or she will want to know is whether any safety measures were in place and if they were properly being followed. Did the company have procedures in place? Were employees supposed to be wearing protective headgear?
If the accident happened due to someone else’s negligence, you may be entitled to compensation in your case. If it is determined that an employer or another party failed to follow safety regulations and procedures properly, your attorney can help you recover financial compensation for your injuries. You might get back pay from work (if you had to take time off for an injury) OR you may be awarded a settlement that will help you get medical treatment for your injuries AND pay for things like physical therapy, medications and possible future costs.
You should also consult with an attorney if you sustained a TBI on your own property as the result of someone else’s negligence. Just because you were not at work when you were injured does not mean that your injury was any less serious or resulted in fewer expenses. Common accidents that cause TBIs while at home include slip and fall incidents, pedestrian mishaps, swimming pool accidents and dog bites.
Tell Us About Your Injury. We’re Here To Listen.
If you or a loved one has suffered a Traumatic Brain Injury (TBI) due to the negligence of another party we want to hear from you.
Free consultations — Flexible office hours and appointments — In-home and hospital visits available