A traumatic brain injury (TBI) or head injury, occurs when an outside force hits the skull and causes brain damage or injury. An object may strike the head during a slip and fall, a motor vehicle accident, an assault, or a workplace accident.
Head injuries range in severity from mild to moderate to severe.
Most brain injury victims suffer a mild injury, but for those with moderate to severe symptoms, the results can be catastrophic, leading to long-term disability and even death. For these victims and their families, it is imperative to contact a traumatic brain injury lawyer.
For over 60 years, Munley Law has represented personal injury victims. Call the traumatic head injury lawyers of Munley Law today for a no-obligation, free consultation.
What is the Average Settlement For a Traumatic Brain Injury Case?
The average settlement for a brain injury case depends on several factors, including the circumstances of the accident, the severity of the injury, and long-term health complications as a result.
On average, traumatic brain injury victims secure hundreds of thousands of dollars to over a million dollars in settlements.
At Munley Law, we have a track record of securing maximum compensation for our clients. In the past, we've secured a $6.5 million settlement for a man brain injured in a garbage truck accident.
What Are the Common Causes of Traumatic Brain Injuries?
Most TBIs result from a blow to the head. They are often categorized as closed head injury meaning there was no penetrating force, but the brain was shaken or moved; axonal injury where the force is so strong that the brain's long, connecting nerve fibers are severed' or an open TBI when a penetrating force causes trauma to the brain.
A TBI can occur for a variety of reasons and happen from numerous types of accidents, including:
Falls: Falls are the most common cause of brain injuries in elderly adults and young children. Falls from the bed, a ladder, steps, the bath, etc., can all lead to severe injury.
- Car accident: Any time an auto wreck involves being jolted, whiplash, or impact to the head, there is a chance of a TBI. TBIs are common for victims of car accidents, truck accidents, motorcycle wrecks, and pedestrian accidents.
- Violence and assault: It is estimated that a quarter of brain injuries are caused by violence. This can be from domestic violence and assault, gun violence, and child abuse, including shaken baby syndrome.
- Explosives: Explosive blasts for active duty military, along with the penetrating wounds of shrapnel, are a common occurrence for military TBI.
- Construction accidents: While most occupations have their own hazards, construction workers often face very dangerous situations. Whether they fall from a large structure, are struck by a beam, or are hit by moving machinery, construction workers are at higher risk for TBI-related injury and death than other industries.
- Sports injuries: Playing a spot as a child should be fun, but with that fun comes the danger of a brain injury. Youth sports like soccer, football, baseball, lacrosse, skateboarding, hockey, boxing, and high-impact activities have increased risks for brain injury than other activities.
Depending on how your injury took place will ultimately determine how insurance will come into play for potential compensation. Because of this, you will want to consider the type of legal representation you select, as it may be beneficial to have a traumatic brain injury attorney who is also experienced in workers' compensation law, premises liability, etc.
How Are Brain Injuries Rated in Severity?
Brain and head injuries are often categorized as mild TBI or moderate to severe TBI. Medical professionals often group moderate and severe TBIs together because of the likelihood of long-term health issues.
For mild TBIs, your doctor may call it a concussion; however, even concussions have stages of severity.
- Grade 1, Mild: A mild concussion does not involve loss of consciousness; symptoms often resolve within 15 minutes. They can cause headaches, dizziness, nausea, and light and noise sensitivity.
- Grade 2, Moderate: Moderate concussions also do not involve loss of consciousness, but symptoms stay much longer. They have similar symptoms but can also impact mood and ability to sleep as symptoms are much stronger and persistent.
- Grade 3, Severe: Grade 3 concussions involve loss of consciousness ranging from seconds to minutes. Similar symptoms may occur, including confusion, slurred speech, difficulty waking up, and seizures. These concussions require immediate medical attention.
Moderate and severe TBIs can quickly change in symptoms and are marked by loss of consciousness for more than 30 minutes but less than 24 hours for a moderate TBI and more than 24 hours for a severe TBI.
Symptoms of a TBI
Symptoms of a TBI can be broken down into the following categories: physical, thinking and memory, social and emotional, and sleeping issues. These symptoms may be present in all types of TBI or only in more severe cases. Seeking emergency medical care for a suspected TBI is critical to your safety.
Physical
Physical symptoms of a head injury include:
- Losing consciousness
- Coma
- Weakness in the arms and legs
- Balance and coordination issues
- Hearing or vision issues
- Changes in sensory perception
Thinking and Memory
Memory loss and issues with thought processing can occur with TBIs. Symptoms include:
- Confusion
- Difficulty concentrating
- Being unable to think clearly
- Short-term memory loss
- Feeling groggy
- Difficulty communicating
Social and Emotional
Moderate and severe TBIs are more likely to cause emotional and social complications for victims. Common types of emotional distress following an injury include:
- Anxiety and nervousness
- Irritability
- Sadness and depression
- Anger and increased aggressiveness
- Inability to manage behavior
- Lack of impulse control
Sleeping
Sleep-wake disturbances are common in all TBIs and can range from daytime sleepiness to an increased need for sleep and an inability to sleep.
Be sure your symptoms are included in your medical records, especially if they are long-term and have impacted your ability to go about daily life.
How Do You Prove Negligence in Brain Injury Claims?
To file a traumatic brain injury lawsuit, you must establish the four elements of negligence. They are:
- A duty of care existed between you and the at-fault party. This may be a medical professional who caused oxygen deprivation during a procedure, another driver on the road, an employer, etc.
- There was a breach of duty. The breach means that the other person or entity did not provide the standard of care or safety you would expect to receive.
- The breach caused your TBI. Whether their negligence caused an accident, caused a medical error, or a workplace trauma, their actions or inaction harmed you in some way.
- You suffered damages. Because of their negligence, you suffered a TBI, which has caused you to incur actual damages.
If you cannot prove all elements of negligence, you will not be able to file a lawsuit against the at-fault party.
How Can a Traumatic Brain Injury Attorney Can Help
The aftermath of a TBI can be overwhelming to the victim and their family members. With the need for ongoing medical care and likely time away from work and other responsibilities, it can be too much for one person to take on alone. But with a personal injury attorney, you don't have to.
By establishing the attorney-client relationship early on, your legal team can help you:
- Investigate the cause of the accident. We work with accident reconstruction specialists, medical professionals, and the police to determine fault and establish liability.
- Gather evidence. From medical records to police reports, physical proof, and witness testimony, we do everything possible to build a strong case on your behalf.
- Negotiate with the insurance companies. Depending on who's at fault for your TBI, the insurance company may be backed with its own legal advice and try to minimize the compensation you recover. This can be discouraging to victims and their families, which is why we handle the negotiations on your behalf.
- Represent you in court. While most personal injury cases do not go to trial, if yours does, we'll stand by your side until a settlement or fair verdict is reached.
With a track record of success in complex head injury cases, you need to call the personal injury lawyers of Munley Law as soon as possible.
What Compensation is Available Following a Brain Injury?
You may be entitled to economic and non-economic damages following a brain injury. This includes:
- Medical treatment and future medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Loss of consortium
- Loss of companionship
- Mental anguish
- Wrongful death
Contact the head injury lawyers of Munley Law to learn how we can secure maximum compensation on your behalf.
A Brain Injury Lawyer at the Munley Law Firm Can Help
If you or a loved one suffered from a severe brain injury resulting in medical expenses, lost wages, property damage, pain and suffering, or even death, you need to call a traumatic brain injury attorney.
At Munley Law, our traumatic brain injury lawyers have handled cases dealing with all types of brain injuries, including those that have left the victim with permanent impairment and unable to fight for themselves. We hold the liable parties accountable by working with medical experts who can provide insight into the victim's quality of life and long-term health struggles.
Many people fear they cannot afford legal representation for a brain injury lawsuit because of the medical bills they already have to pay. However, price is not a limiting factor for our clients. We work on a contingency fee basis, meaning there are no upfront costs to you, and we only get paid if you win.
Further, we discuss everything you can expect in your free case evaluation so you know where to go from here.
If a serious brain injury has caused you to suffer permanent brain trauma or disability, you should not handle the at-fault party alone, nor should you accept settlements from the insurance company right away. Instead, call the brain injury law firm of Munley Law today for a no-obligation, free consultation.
