TRAUMATIC BRAIN INJURIES
Brain injuries are devastating, traumatizing and life-changing events. If you or a loved one has suffered a brain injury, you understand the huge emotional and financial impact it can have on a family. Brain injuries are often the blame for resorting to family law attorneys to file a divorce, because things are never really the same after a brain injury.
A traumatic brain injury (TBI) is trauma caused by some external force. While some mild TBI cases heal on their own, some individuals will face more severe and long-term side effects, such as POTS Syndrome. There can be clear signs of brain injury such as a penetrating head injury from a gunshot wound or other object driven through the brain; however some traumatic brain injuries are not as obvious. If any of this seems confusing or overwhelming, you’re not alone. An experienced Tallahassee personal injury attorney such as Amber Hall could have all the answers you’re looking for.
Typical symptoms of a traumatic brain injury include:
- Inability to remember the cause of the injury
- Attention difficulties
- Difficulty remembering
Types of Traumatic Brain Injuries:
While every brain injury is different, there are two basic types: open head injuries and closed head injuries.
Open head TBIs are usually very graphic. The origin of the injury could be a bullet wound, knife penetration, or a high-speed collision. In most cases, the outcome is usually bloody and extremely intense. Stretched over the skull, the scalp tends to bleeds profusely if it is cut or split. If the skull is cracked or pierced, fragments of bone can get stuck inside of the brain. Since the brain is comprised of layers of soft, permeable tissue, it is difficult, sometimes impossible, to extract broken bone fragment or foreign objects that may become lodged in the tissue. For these reasons, brain surgery is very risky and complicated.
In a closed head injury, although nothing actually penetrates the skull, the damage that results is often as severe as an open head injury, sometimes even worse.
Generally, the most common type of closed head injury is a concussion, which is a strong blow from an external force. If a person’s head is whipped around, a small tearing effect called shearing occurs throughout the brain, resulting in injury.]
Traumatic Brain Injuries May Be The Result Of:
Elements of a Brain Injury Lawsuit
To file a lawsuit, the brain injury victim must have suffered trauma as a result of another’s negligence. In a negligence claim, the attorney representing the injured party needs to prove the following:
- Duty of Care:
Legal obligation that requires an individual to exercise a reasonable level of care so as to prevent harm to others. For instance, a doctor has a duty to perform up to the standard of care fixed by the medical community.
- Breach of Duty:
An individual or entity may be considered negligent if they breach their duty of care.
The defendant’s negligence must have been directly responsible for the injury or damage that occurred (but for the defendant’s negligence, the plaintiff’s injuries or damages would not have occurred).
The injury must have caused some economic or non-economic damages.
Compensation For Brain Injuries
When an individual files a lawsuit after suffering a brain injury, they may be able to recoup compensation for economic and non-economic damages such as medical bills, pain and suffering, lost wages and more.
If you or a loved one has suffered from a brain injury due to someone else’s negligence, it is imperative to seek the help of a knowledgeable attorney who can help guide you through the process. Call Amber Hall for a free consultation today.