A traumatic brain injury (TBI) occurs when an external force damages the brain. These injuries often result in life-altering conditions. Brain injuries can devastate not only the victims but also their families and caregivers.
If you suffered a brain injury due to the negligence of another party, seek legal guidance right away. A brain injury lawyer in San Antonio can provide advice and support as they work to hold the responsible party accountable and get you the justice and compensation you deserve.
Common Types of Brain Injuries
Brain injuries are often closed, meaning they are not visible and occur within the brain. Penetrating brain injuries occur when an object physically goes through the skull into the brain.
Every brain injury is unique, impacting victims differently. Some of the most common brain injuries include:
Concussions
A concussion is the most common form of traumatic brain injury (TBI). It occurs after a blow to the head or body. Concussions can also happen in car accidents or other incidents where the head rapidly moves back and forth.
Symptoms of concussions include:
- Headache
- Confusion or feeling dazed
- Memory loss (often surrounding the event itself)
- Dizziness or imbalance
- Nausea or vomiting
- Sensitivity to light and noise
- Slurred speech
- Temporary loss of consciousness
While sometimes deemed less serious, concussions can develop and worsen, especially if victims do not receive medical attention. In some cases, concussion victims can suffer from post-concussion syndrome or develop second-impact syndrome.
Contusions
A contusion is a bruise on the brain tissue itself, typically caused by a direct blow to the head. It can involve bleeding and swelling in the affected area, leading to brain dysfunction.
Symptoms may include:
- Loss of consciousness
- Memory impairment
- Coordination problems
- Speech difficulties
- Emotional and behavioral changes
- Persistent headaches
Contusions can result in permanent cognitive or motor impairments, depending on the area of the brain affected. Seizures and increased risk of developing epilepsy are also possible.
Diffuse Axonal Injuries
Diffuse axonal injury is one of the most severe forms of TBI and occurs when the brain is subjected to rapid acceleration or deceleration, such as in a car accident or a violent shaking incident. This causes the axons (the long, threadlike parts of neurons) to tear, leading to widespread brain damage.
Symptoms of this injury can include:
- Immediate loss of consciousness
- Severe cognitive impairments
- Inability to move or communicate
- Coma or vegetative state
- Loss of motor function
Diffuse axonal injuries can result in various long-term complications, such as motor disabilities, behavioral and emotional disturbances, and permanent cognitive deficits.
Intracranial Hemorrhages
An intracranial hemorrhage involves bleeding inside the brain or between the brain and the skull, which puts pressure on the brain tissue. There are several types of brain hemorrhages, including subdural, epidural, and intracerebral hemorrhages.
Symptoms that can indicate intracranial hemorrhaging include:
- Severe headache
- Nausea and vomiting
- Seizures
- Sudden confusion or loss of consciousness
- Paralysis or numbness in part of the body
Long-term complications of intracranial hemorrhages vary but can include severe cognitive, sensory, and motor impairments, seizures, and an increased risk of stroke or recurrent bleeding.
Skull Fractures
A skull fracture is a break in the bone of the skull that can also cause brain injury. While not all skull fractures result in brain injury, they often lead to traumatic brain injuries if the fracture is severe enough to cause bruising, bleeding, or other damage to the brain tissue.
Symptoms can include:
- Visible deformity or swelling of the skull
- Bleeding from the nose or ears
- Clear fluid leaking from the nose or ears (cerebrospinal fluid)
- Loss of consciousness
- Seizures
Skull fractures can heal, but depending on their location and severity, they can increase the risk of infection, cognitive impairments, or neurological deficits.
Causes of Brain Injuries
Brain injuries are often the result of various types of accidents and incidents, such as:
Car and Truck Accidents
Car and truck accidents are some of the leading causes of traumatic brain injuries, especially when there is a violent collision or a sudden deceleration that causes the brain to move inside the skull.
Seatbelt use, headrests, and airbags may reduce the severity of TBIs, but they do not guarantee safety. Motor vehicle accidents still account for a significant number of brain injuries.
Construction Accidents
Construction sites are dangerous, and workers are at constant risk. With so much happening on these sites at any given moment, workers may experience several different types of accidents, from falls to getting struck by objects, that can result in serious brain injuries.
Assaults and Violence
Physical assaults, including domestic violence or violent crime, often result in head injuries. Blows to the head or being struck by objects can lead to serious brain trauma, particularly when the victim is defenseless or caught off guard.
Pedestrian and Bicycle Accidents
Pedestrians and cyclists are vulnerable, especially on busy roads. Negligent drivers often cause accidents with individuals on foot or bike riders, and with little to no protection, these individuals quite frequently suffer from catastrophic injuries, including traumatic brain injuries.
Liability for Brain Injuries
When a traumatic brain injury is caused by the negligence or intentional wrongdoing of another party, the victim may be entitled to compensation.
Common defendants in brain cases include, but are not limited to:
- Drivers: If a driver causes an accident that results in a brain injury, whether a vehicle driver or a commercial truck driver, they can be held liable.
- Employers: A driver’s employer can be held liable, specifically if they caused an accident while performing job-related tasks. This is particularly the case for delivery drivers. In a construction accident, the victim’s employer can be liable under certain circumstances.
- Governmental entities: Sometimes, accidents result from road hazards. Governmental entities in charge of road maintenance and repairs can be held liable for their role in a collision that results in a brain injury.
- Third parties: Individuals who cause intentional harm, like sexual assault or domestic violence, can be directly held liable for the injuries they cause.
Determining and establishing liability can sometimes be challenging, especially when multiple parties are at fault. Having a legal representative prove fault for your case is essential, as this is a key component for brain injury cases that can get you one step closer to securing fair compensation.
Pursuing Compensation for a Brain Injury
If you or a loved one has suffered a brain injury due to someone else’s negligence, you may be entitled to compensation. There are two primary ways to seek compensation: through insurance claims or lawsuits. The route you take depends on your situation.
Insurance Claims
In many cases, brain injury victims can start by filing an insurance claim. For example, after a car accident, you may file a third-party claim through the at-fault driver’s insurer.
When you file an insurance claim, the insurance company assigns an adjuster who investigates the incident and resulting injuries and losses. Based on their findings, they then decide whether to approve or deny the claim.
The adjuster will provide a settlement offer if your insurance claim is approved. Depending on the value of the offer, you may agree and settle your claim or engage in negotiations for a better payout.
Should your insurance claim end in a successful settlement, you won’t need to take any further action. However, insurance claims don’t always go as anticipated, and you may need to file a lawsuit to continue your pursuit of just compensation.
Personal Injury Lawsuits
If the insurance claim is insufficient or if the insurer is unwilling to provide fair compensation, you can proceed with a personal injury lawsuit. Alternatively, if an uninsured party causes your injury, you may skip straight to filing your legal claim in court.
The lawsuit process can be stressful and time-consuming, but it is often the best way to pursue the justice and financial recovery you deserve. Your personal injury lawyer will handle all case-related tasks throughout your case, from gathering evidence and calculating damages to communicating and negotiating with insurance companies.
A majority of personal injury claims, including those involving brain injuries, settle outside of court. Your lawyer will aim to settle your case as quickly as possible while prioritizing favorable compensation.
Should you not obtain a reasonable settlement, your personal injury lawyer will not shy away from taking your case to court and arguing before a judge and jury to obtain a fair judgment.
Types of Damages Available in Brain Injury Cases
When pursuing a legal claim for a brain injury, you may recover damages to compensate you for your related losses and expenses.
Your damages are based on the details of your case, but can include:
- Medical expenses: Brain injury victims often incur substantial medical costs, both immediately after the injury and for long-term rehabilitation or treatment. It can include hospital bills, surgeries, therapy, prescription medications, and medical equipment, among many other things.
- Future medical costs: If the injury requires ongoing medical treatment, therapy, or specialized care, you may be entitled to damages that cover these future costs. The amount will typically be estimated based on medical expert testimony and your anticipated long-term needs.
- Lost income: When you cannot work due to your brain injury, you may qualify to receive compensation for lost earnings, both from the time of the injury and for any anticipated future losses.
- Pain and suffering: Brain injury victims often experience ongoing physical pain, mental anguish, and emotional distress. This category compensates for the pain endured as a result of the injury and the long-term suffering caused by cognitive and physical impairments.
- Loss of enjoyment of life: If a brain injury severely limits your ability to engage in activities you previously enjoyed — such as hobbies, sports, or social interactions — you may qualify for compensation for the loss of enjoyment of life.
- Disfigurement or physical impairment: If the brain injury causes visible changes to your appearance (e.g., facial scars or motor impairments), non-economic damages may be awarded for the resulting emotional distress and impact on self-esteem.
In some special cases, in addition to compensatory damages, brain injury victims may obtain punitive damages for a defendant’s especially reckless, malicious, or egregious conduct. Unlike compensatory damages, which compensate victims for their losses, punitive damages punish the defendant and deter similar behavior.
Calculating damages in a brain injury case can be challenging, especially because these injuries can result in substantial expenses and losses.
A personal injury lawyer can utilize their skills and resources to determine the value of your case, which can ensure you secure adequate financial recovery for your present and future needs.
Do Not Wait to Take Action Following a Brain Injury – Consult a Personal Injury Attorney
Traumatic brain injuries can drastically affect an individual’s life, causing a range of physical, cognitive, and emotional challenges. A lawyer who understands the impacts of these injuries and knows your legal rights and options for compensation ensures you receive the support and financial resources necessary to recover.
If you or a loved one has suffered a brain injury, working with a personal injury attorney can make a significant difference in your pursuit of justice and compensation.
Time is limited to take action – the sooner you hire an attorney and begin working on your case, the faster you can secure financial recovery and move on with your life. Don’t delay, call today.
