Call it a concussion, head trauma, brain damage, or traumatic brain injury, no matter what name you use, the consequences of these injuries can be nothing short of catastrophic. It is not unusual for brain injuries to cause considerable psychological, physical, and even financial tolls on victims and their families. But if the brain injury was caused by the carelessness or negligence of another party, you may be entitled to compensation.
At Crockett Law Firm, the Moreno Valley brain injury lawyers have a long history of successfully representing the victims of these serious injuries. Since the establishment of Crockett Law, we have recovered many millions of dollars for our clients and their families. We have the experience to bring about the best possible solution for your potentially catastrophic situation. Call one of our experienced personal injury lawyers today by calling (888) 965-3827.
How Do I Know if I Have a Brain Injury?
Traumatic Brain Injuries can be caused by a variety of situations. Most often they are the direct result of sustaining an impact to the head. This could be piercing damage such as results from a gunshot wound or a variety of industrial accidents. TBI can also be caused by blunt force trauma; this is common in fall traffic accidents, sports injuries, domestic violence, etc.
No matter the apparent severity of the injury, all TBIs should be treated with equal urgency. While some people may recover from the effects of a TBI in a matter of days, another person may never recover or may die as a result of their injury.
What are Some of the Leading Causes of Traumatic Brain Injury?
The brain is encased in a protective shield of bone and supported by shock-absorbing muscles that can do much to protect the brain from regular impacts. If the head is impacted with a sufficiently strong force, the protection provided to the brain may fail and the brain will be damaged.
In a mild injury, this may be experienced as nothing more than a headache, sensitivity to light/sound, and disorientation. In a severe situation, the impact may cause swelling of the brain and further damage.
More than half of the TBIs that are treated in hospital emergency rooms are caused by falls. Fall-related TBI is the most common in people younger than 17 and older than 65. Some of the other most common causes of TBI include:
- Traffic Accidents
- Falls
- Sports Accidents
- Violence
What Are the Types of Brain Injuries?
The type of TBI sustained will be determined by a variety of different factors. This can include the type of injury sustained, the time of the injury, lack of consciousness, memory loss, and any abnormalities detected by CT scans or MRIs.
Here are several different types and grades of TBI:
Moderate TBI (mTBI)
3 out of every 4 TBIs will be a mild one. These can be experienced as momentary lapses of consciousness. This could last as long as 30 minutes and is usually experienced for no longer than a day.
Severe TBI (sTBI)
individuals suffering from serious TBI can lose consciousness for a full day. These injuries are often accompanied by changes detected on a CT or MRI scan.
Uncomplicated TBI
Head CT/ MRI scans are normal. Even though the exterior damage may be severe if the brain is unharmed the outlook is good.
Complicated TBI
Head CT/ MRI shows injuries, such as internal bleeding.
Closed TBIs
Many head injuries will not even open the skin, much less the hard skull beneath. But this doesn’t mean the brain within hasn’t been severely impacted. A closed TBI means that there hasn’t been much damage to the exterior of the head, but the impacts have caused the brain to swell and this can result in serious injury.
Open TBI
also called a penetrating TBI, this type of injury when the brain is impacted by a force that also manages to penetrate the skull. This could be caused by a projectile weapon, knife, or some other object that successfully penetrates the skull.
Nontraumatic
also called hypoxic or anoxic brain injury. Not all brain injuries require impacting the head with force. If the brain is deprived of oxygen for a sufficient amount of time, brain tissues die. This type of TBI is often caused by near-drownings, asphyxiation, seizures, and strokes.
What Are the Symptoms of a Traumatic Brain Injury?
Traumatic brain injury can be apparent in a range of psychological and physical ways. Some of the TBI symptoms will be readily noticeable, but others may not make themselves fully apparent for some weeks. The possible symptoms are:
- Fatigue
- Recurring headaches
- Dizziness
- Memory loss
- The inability to perform everyday tasks
- Trouble concentrating
- Seizures
- Sensitivity to noise or light
- Emotional outbursts
- Balance problems
- Depression
Why is it Important to See a Doctor After a Head Injury?
If you or someone you care about has received a brain injury that has even the slightest effect on their brain function, you must bring them to the care of a medical expert immediately. It is very common to feel absolutely “normal” or with only the mildest discomforts.
Only a medical professional trained in detecting the smallest signs of TBI will be able to provide you with a clean bill of health and potentially prevent future issues stemming from injuries.
Why Should I Hire a Moreno Valley Brain Injury Lawyer?
The consequences of a TBI can be nothing short of life-changing. Under Georgia law, you have the right to recover compensation for the damages caused by another’s careless actions. But exercising these rights requires extensive understanding and practice in the details of personal injury law as it pertains to head injuries and their impact on the life of the victim and their families.
Establishing a solid TBI case requires more than just legal training, our highly-experienced brain injury lawyers at Crockett Law Group, have medical training and a special understanding of the brain and how it performs after injury. This will allow them to draw up an accurate account of the damages that the victims and their families require to make a full recovery.
In addition to carefully compiling all medical expenses associated with the TBI, your brain injury lawyer will apply their skill and experience in understanding the situations surrounding the incident, creating a full account of the losses you have suffered and will suffer, and compare this with the amount of insurance coverage available.
Can Insurance Companies Obtain My Past Medical Records?
The general understanding is that the insurance company will only need to view the records for the treatment being covered in the case. They will need to view certain documents for them to be able to corroborate your records for the compensation you are requesting. But it is a common tactic for them to try and get their hands on all of your medical files. This can provide them an upper hand in the case.
It is important to understand that they don’t have a “right” to see these records but if you choose not to provide them with these medical documents, they might be denied payment altogether. The best solution would be to have this matter handled by a seasoned legal professional.
What Compensation Can I Receive for a Brain Injury?
When it comes to calculating the damages that you will receive as part of your compensation, your lawyers will look at both the economic and non-economic damages:
Economic Damages
These damages might include lost wages or earning capacity, medical costs, and property damages. To do this, it is essential to keep a careful record of all the expenses you have collected in relation to the accident that caused the TBI. Economic damages aim to cover the past, present, and future expenses caused by the accident.
Non-Economic Damages
Some of the damages may be harder to place into a financial figure. Some of the non-economic damages may include pain and suffering, mental anguish, wrongful death, loss of consortium, etc. These damages will be placed into a financial figure by using certain formulas and bringing in expert testimony.
Punitive Damages
Punitive damages are not awarded as compensation for any damages the victim has suffered. Instead, these damages are applied as a punishment for the defendant for certain unpardonable actions. If the accident that caused the TBI was especially malicious, criminally negligent, motivated by hate, or life-threatening, punitive damages may be applied.
It is important to fully understand the laws that pertain to punitive damages before seeking them. Our qualified brain injury lawyers at Crockett Law Firm can tell you if your case makes you eligible for punitive damages.
Are There Time Limits for Filing a TBI Claim in Georgia?
In most states, there is a time limit in place for making your claim called the “Statute of Limitations”. In the state of Georgia, the statute of limitations for making your TBI claim is 2 years after the incident that caused the injury.
Call Our Experienced Moreno Valley Brain Injury Lawyers Today for Help with Your Case
Crockett Law Firm has years of experience in representing our clients in TBI cases. If you would like more information on your rights after receiving a traumatic brain injury, call us at (888) 965-3827 and arrange for a FREE consultation.