Brain injuries are among the most serious and debilitating injuries a person can suffer. Victims of brain injuries often face not only physical impairments but also emotional, psychological, and financial challenges. When such injuries occur due to the negligence or wrongdoing of others, victims are typically entitled to pursue compensation. However, the process of securing this compensation through a legal claim can be complex and time-consuming.
If you or a loved one suffers a brain injury at the hands of another, seek legal assistance from a qualified San Antonio brain injury lawyer. Time is limited to hold responsible parties accountable, and the sooner you begin working on your case, the better.
Incidents that Often Result in Brain Injuries
Brain injuries are often the result of accidents and incidents that cause blunt force trauma or other forms of injury to the head. Some of the most common causes of brain injuries include:
Car Accidents
Car accidents are one of the leading causes of traumatic brain injuries (TBIs). Whiplash, sudden stops, and impact forces can cause the brain to collide with the skull, leading to concussions or more severe injuries.
Truck Accidents
Due to their massive size and weight, large commercial vehicles can cause substantial injuries to victims in a collision. Truck accidents often result in severe brain injuries that cause lasting impacts on the victim’s life and well-being.
Pedestrian Accidents
Pedestrians are vulnerable and at risk of suffering harm every time they walk down the street. Individuals who are struck by vehicles are likely to sustain brain injuries, particularly if the collision is at high speed or the pedestrian is thrown to the ground upon impact.
Construction Accidents
Many of the most common causes of construction accidents, including falls from heights, getting struck by objects, and getting caught in between machinery, can result in brain injuries. Construction sites are inherently dangerous locations, and workers are constantly at risk.
Intentional Acts of Violence
Physical assaults, including domestic violence, assaults in public, and other criminal acts, can cause traumatic brain injuries. Assaults often involve blunt force trauma, which may result in serious injury to the brain.
Common Types of Brain Injuries
Brain injuries are typically categorized as either traumatic or non-traumatic. However, the vast majority of personal injury claims related to brain injuries involve traumatic brain injuries (TBIs). Below are just some of the common types of brain injuries:
Concussions
A concussion is the most common type of traumatic brain injury that results from a blow to the head. Though not typically life-threatening, a concussion can cause unpleasant symptoms like dizziness, nausea, headaches, and confusion. Repeated concussions can lead to chronic traumatic encephalopathy (CTE), a degenerative brain disease.
Although a concussion injury may not seem serious, they do often require medical attention. The injury to the brain may worsen and cause other issues.
Intracranial Hemorrhage
An intracranial hemorrhage is bleeding within the brain, which can be life-threatening if not treated quickly. It can result from severe trauma, such as a violent fall or car accident, and often requires surgery to remove the blood.
Diffuse Axonal Injury
Diffuse axonal injuries (DAIs) occur when the brain experiences rapid acceleration or deceleration, as in a car crash. The brain’s nerve fibers can stretch and tear, leading to widespread damage. DAIs can result in permanent brain damage and a prolonged recovery.
Penetrating Brain Injury
Brain injuries can be closed, where the injury is within the head and brain or penetrating. Penetrating brain injuries occur when an object, such as a bullet or sharp object, penetrates the skull and damages brain tissue. These injuries are typically severe and require immediate medical intervention.
Long-Term Consequences of Brain Injuries
The long-term consequences of brain injuries can vary greatly depending on the type and severity of the injury. In some cases, victims recover with little long-term impact. However, in other cases, brain injuries can lead to permanent and debilitating conditions, such as:
- Cognitive impairment: Memory loss, difficulty concentrating, and problems with reasoning and decision-making are common after a brain injury. Victims may also experience difficulty processing information.
- Motor impairment: Brain injuries can affect coordination, balance, and motor function, leading to paralysis, tremors, or difficulties with walking and fine motor skills.
- Emotional and psychological effects: Many brain injury victims experience changes in their mood, behavior, and mental health. Anxiety, depression, irritability, and personality changes are common after brain trauma. In some cases, these issues can lead to long-term struggles with mental health.
- Sensory impairments: Vision and hearing problems are also common after brain injuries. For example, some victims may experience blurred vision, light sensitivity, or hearing loss.
- Seizures: Post-traumatic seizures may occur after a brain injury, sometimes even years after the incident.
- Reduced quality of life: Due to cognitive, emotional, and physical impairments, many brain injury victims find that their quality of life is significantly reduced. They may require long-term care, rehabilitation, and support, which can be costly.
Unfortunately, brain injuries can result in severe financial burdens for victims and their families. This is one of the most important reasons for taking timely action and pursuing compensation from the responsible party. Securing compensation can make a substantial difference in your future and quality of life moving forward.
Who Can Be Liable for a Brain Injury?
Determining fault is a critical component of a brain injury claim. In many cases, brain injuries occur due to the negligence of others. Common parties that may be at fault include, but are not limited to:
- Drivers: If a brain injury occurs in a car or truck accident, the at-fault driver may be responsible for the injury, especially if they were speeding, driving recklessly, or distracted at the time of the accident.
- Employers: In certain situations, employers can share responsibility. This is particularly the case when a driver causes an accident while performing job-related duties or a truck driver crashes into a vehicle for reasons involving their employer.
- Third parties: In cases of assault or criminal acts, the perpetrator of the crime may be liable for the victim’s injuries.
In some situations, multiple parties may be liable for a brain injury. A personal injury lawyer can review the case details to determine the cause of the accident and establish the at-fault party’s liability.
How Long Does a Brain Injury Claim Take?
If you or your loved ones have suffered a brain injury, it’s normal to wonder how long you’ll need to wait before you can expect to receive a payout. Unfortunately, there is no average time to resolve a brain injury claim, as every case is unique. A personal injury attorney can guide you based on your case’s specifics to help manage your expectations and know what to expect.
Factors that Influence the Time it Takes to Resolve a Brain Injury Claim
The duration of a brain injury claim varies widely, and there is no standard timeline for these cases. Several factors can impact the length of time it takes to reach a settlement, including:
Severity of the Injury
More severe brain injuries, which often result in long-term or permanent damage, tend to take longer to evaluate. This is because medical experts need time to assess the full extent of the injury and its impact on the victim’s life.
Medical Treatment and Recovery
The time it takes for a victim to reach maximum medical improvement (MMI) can affect the claim’s timeline. It is often advisable to wait until the victim’s medical treatment is largely completed, as this allows attorneys to calculate future medical costs and lost earnings more accurately.
Complexity of the Case
The claim may take longer to resolve if the case involves multiple parties, complex medical issues, or disputed liability. Gathering evidence, consulting with medical experts, and negotiating with insurance companies or other parties can add time to the process.
Insurance Company Delays
Insurance companies are notorious for dragging their feet in personal injury claims. They may attempt to minimize the settlement offer or delay the process, hoping the victim will accept a lower offer or give up on pursuing the claim. Having an attorney by your side is essential to help move the process along quicker without sacrificing a fair outcome.
Settlement vs. Litigation
Many brain injury claims are settled outside court through negotiation or alternative dispute resolution methods. However, if the case cannot be settled and must go to trial, the process can take significantly longer, as it takes quite some time to prepare for trial and present the case in court.
Damages Brain Injury Victims are Entitled to Pursue
Damages help compensate victims of brain injuries for the expenses and losses stemming from their accidents and injuries. You are entitled to pursue compensation for a wide range of damages based on the circumstances, which can include:
- Medical expenses: Compensation for all medical-related expenses, including the cost of emergency treatment, surgeries, hospital stays, rehabilitation, therapy, and ongoing medical care.
- Lost present and future earnings: If your injury prevents you from working, you may be entitled to compensation for lost income during recovery. You may also be eligible to receive compensation for future earnings potential if you are unable to return to your previous occupation.
- Pain and suffering: You may have the opportunity to pursue compensation for the physical and emotional pain you have experienced due to the injuries.
- Loss of quality of life: If the injury has caused a permanent reduction in your ability to enjoy life, you may be entitled to compensation for loss of quality of life.
Additionally, based on the cause of your injury, your case may qualify you for punitive damages. Unlike compensatory damages, which aim to compensate for injury-related losses, punitive damages are assessed to serve as punishment when the defendant’s actions were grossly negligent, malicious, or intentional.
When seeking compensation for a brain injury, it is essential to understand the full value of your case. Your personal injury lawyer will review several factors, including the severity of your injuries, the total cost of medical treatment, and mental and emotional impacts, among other details, to accurately calculate your losses and help you obtain favorable financial recovery.
The Benefits of Hiring a Personal Injury Attorney to Handle Your Brain Injury Case
Navigating a brain injury claim can be overwhelming, especially for victims already dealing with the physical and emotional toll of their injuries. Hiring an experienced personal injury attorney can significantly affect the case outcome. An attorney can help by:
- Gathering evidence: They can collect all pertinent evidence and documentation, from medical records to expert opinions, to support and strengthen your claim.
- Negotiating with insurance companies: Attorneys are skilled at negotiating with insurance adjusters to ensure their clients receive a just settlement offer.
- Calculating full compensation: Personal injury lawyers know how to properly calculate the full extent of damages, including long-term medical costs and lost earnings.
- Filing a lawsuit: If settlement negotiations do not end in a resolution, an attorney can file a lawsuit and represent you in court.
In addition, with an attorney handling all aspects of your case, you can focus on your recovery without the stress of dealing with legal issues.
With a seasoned lawyer on your side, you can feel confident knowing your case will be handled timely and properly to get you the financial recovery you need as quickly as possible.
If You or a Loved One Have Suffered a Brain Injury, Hire Legal Representation to Get Started on Your Claim
Brain injury claims are complex, and the process of securing fair compensation can take time. In addition to the physical and emotional toll, there are significant financial burdens that can arise from medical bills, rehabilitation costs, and a potential loss of income. However, with the right personal injury lawyer, you can proceed through the process with a fierce ally that will protect your rights and best interests and aim to achieve prompt resolution.
If you or a loved one has suffered a brain injury due to the negligence of others, consulting with an experienced personal injury attorney in San Antonio is the first step toward securing a fair and expeditious settlement.
