Steven A. Bagen | October 7, 2024 | Personal Injury
Traumatic brain injuries, or TBIs, can happen when an individual suffers a strong and forceful blow to the head. This movement can cause the person’s brain to move around inside the skull, leading to a concussion or other serious brain injury. It may also disrupt the activity of neurons and axons, leading to further brain damage. Some of the most common types of TBIs include diffuse axonal injuries, concussions, confusion, and penetrating brain injuries.
If you suffered one of these TBIs in an occurrence resulting from someone else’s negligence, you should contact a knowledgeable TBI attorney as soon as possible. Your Gainesville brain injury lawyer can immediately investigate the circumstances surrounding your occurrence, determine your available legal options, and begin the process of pursuing the compensation you need.
What Are the Most Common Examples of TBI?
Occurrences That Can Lead to TBIs
TBIs often result from various types of occurrences due to someone else’s negligence.
- One of the most common ways people suffer a TBI is through car accidents. When drivers act recklessly by speeding, texting, or driving under the influence of alcohol or drugs, they put others at serious risk. A sudden impact during a collision can cause a person’s head to hit the steering wheel, dashboard, or window, leading to a traumatic brain injury.
- Another frequent cause of TBIs is slip-and-fall accidents. These accidents can happen in places where property owners fail to maintain safe conditions. For instance, a store owner may neglect to fix a broken step, clean up a wet floor, or clear ice from a sidewalk. When someone slips, trips, or falls because of these hazards, they can hit their head hard enough to cause a brain injury.
- Sports-related accidents are another significant cause of TBIs. Athletes, especially in high-contact sports like football, soccer, or boxing, are vulnerable to brain injuries when proper safety measures are not followed. Coaches and organizations have a responsibility to ensure that players wear proper protective gear and follow safety rules. When these precautions are ignored, and athletes sustain repeated blows to the head, it can lead to concussions or more serious traumatic brain injuries.
- Construction site accidents also contribute to TBIs. When workers or pedestrians are in or near a construction zone, they may be at risk if safety protocols are not followed. Falling objects, such as tools or debris, can strike someone’s head, causing significant trauma. Employers and site supervisors must ensure that the area is safe and that workers have the proper safety equipment.
In all of these scenarios, the common factor is negligence. When someone responsible for safety acts carelessly or fails to take the necessary precautions, others may pay the price. A traumatic brain injury can have lifelong consequences, affecting the victim’s ability to work, think, or even carry out basic daily activities.
Common Types of TBIs and Required Medical Treatment
TBIs come in various forms, often due to accidents resulting from someone else’s negligence, such as car crashes, falls, or construction site incidents. The most common types of TBIs include concussions, contusions, diffuse axonal injuries, and penetrating injuries.
- A concussion is the most common type of TBI and occurs when the brain is shaken inside the skull. It can happen in car accidents or sports-related incidents. Repeated concussions or severe concussions can lead to long-term problems. Symptoms may include headaches, confusion, and memory issues.
- A contusion refers to a bruise on the brain resulting from a direct impact on the head. This injury is common in slip-and-fall accidents or in collisions where a person’s head hits a hard surface. In more severe cases, surgery may be necessary to relieve pressure due to swelling or bleeding in the brain.
- Diffuse axonal injury is a severe form of TBI that occurs when the brain rapidly shifts inside the skull, causing tears in the brain’s long connecting nerve fibers. This type of injury is often seen in high-speed car crashes or falls from a significant height. It can result in severe damage, leading to coma or long-term impairment.
- Penetrating injuries happen when an object breaks through the skull and damages brain tissue, such as in a construction accident where a piece of debris strikes the head. These injuries can be life-threatening and require immediate surgical intervention to remove foreign objects and repair the skull and brain tissue.
Medical treatment for TBIs depends on the severity of the injury. Emergency care is often the first step, focusing on stabilizing the patient and preventing further damage. Surgery may be necessary to remove blood clots, repair fractures, or relieve pressure on the brain. For less severe TBIs, medication to reduce swelling or manage symptoms like headaches may be prescribed.
Rehabilitation is also critical and can include physical therapy, occupational therapy, and speech therapy to help patients regain lost abilities. In more severe cases, ongoing care and support may be necessary to manage long-term effects, such as memory loss, cognitive difficulties, or motor skill impairment.
How To Prove a TBI Case Successfully
Proving the legal elements of a TBI case requires solid evidence and witness testimony to show that another person’s negligence directly caused the injury. There are four main legal elements that need to be proven: duty of care, breach of duty, causation, and damages.
Duty of Care
First, you must establish that the at-fault party (defendant) had a duty of care toward the injured party, which means showing that the defendant was responsible for behaving in a reasonably safe manner. For example, in a car accident, a driver has a duty to follow traffic laws and drive responsibly to avoid causing harm to others on the road. In a slip and fall case, property owners have a duty to keep their premises safe for visitors. Establishing this duty is usually straightforward as it is based on general safety laws and regulations.
Breach of Duty
Next, you must prove that the defendant breached this duty of care. Proving a breach of duty means showing that the defendant acted in a way that was careless or irresponsible. Witness testimony from people who saw the accident can be crucial here. For example, in a car accident, eyewitnesses may testify that the driver was speeding or texting. In a slip-and-fall case, a witness may testify that the property owner failed to clean up a spill that had been there for hours.
Causation
Once you have shown that a breach of duty occurred, you must prove causation, meaning the defendant’s actions directly caused the traumatic brain injury. Causation is often the most challenging element to prove, as it requires connecting the defendant’s negligence to the injury itself. Expert medical testimony is critical in this step. Doctors or neurologists may need to testify that the victim’s brain injury is a direct result of the accident and not due to some pre-existing condition. Medical records, scans, and test results can also serve as essential pieces of evidence.
Damages
Finally, you must prove damages, which refer to the losses or harm the victim has suffered because of the TBI. Damages can include medical bills, lost income, pain and suffering, and emotional distress. Testimony from the victim, family members, and medical professionals can demonstrate the extent of the damages. For example, family members may testify about how the victim’s ability to function has changed since the injury, while doctors can explain the treatment plan and future medical needs.
Steps of Litigating a TBI Case
Litigating a TBI case in the court system involves several steps, starting with filing a lawsuit and continuing through pre-trial proceedings, trial, and possibly an appeal. A skilled TBI attorney can guide you through each stage, ensuring your rights are protected and maximizing your chances of receiving fair compensation.
- The process begins with filing a lawsuit. Your attorney will prepare a complaint, a legal document that outlines the details of your injury, how the defendant’s negligence caused it, and the compensation you are seeking. Your Gainesville brain injury lawyer files this document with the court and formally starts the legal process. Once filed, the defendant is served with the lawsuit and given time to respond.
- Once the lawsuit has been filed, both sides enter the discovery phase. During discovery, your lawyer will gather evidence to build your case. This evidence may include obtaining medical records, accident reports, and witness statements. Both sides can also request information from each other through written questions called interrogatories or by requesting documents. Depositions, where witnesses or parties answer questions under oath, are another key part of discovery. An experienced TBI attorney will know how to request and present the necessary evidence to prove the extent of your injury and the defendant’s liability.
- Following discovery, there may be settlement negotiations. Many TBI cases settle out of court to avoid the time and expense of a trial. Your lawyer will negotiate on your behalf to reach a fair settlement that compensates you for medical expenses, lost income, and pain and suffering. If the parties cannot reach a settlement, the case proceeds to trial.
- At trial, both sides present their evidence and arguments before a judge or jury. Your attorney will argue that the defendant’s negligence caused your TBI and will use medical experts to explain the severity of your injury. They will also present evidence of your damages, including your medical bills and the effects the injury has had on your life. The defendant will also present their side, and the judge or jury will decide who is at fault and the amount of compensation to award.
A skilled Gainesville brain injury lawyer provides invaluable guidance, navigating the legal system for you and ensuring that you receive the fair compensation you deserve.
Recovering Compensation for a TBI
When you suffer a TBI due to someone else’s negligence, you may be entitled to compensation to help you recover from the physical, emotional, and financial repercussions of the injury. The losses for which you may recover compensation include economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages are meant to cover the financial costs you have incurred due to the injury, including medical expenses, such as hospital bills, surgeries, rehabilitation, and any future medical treatments you may need. Traumatic brain injuries often require long-term care, and the costs can add up over time.
Economic damages also cover lost income if you are unable to work while recovering from your injury. If the TBI has caused permanent disability and you can no longer perform your job, you may also recover compensation for loss of earning capacity, which accounts for your reduced ability to earn income in the future. Other economic damages may include costs for in-home care, medical equipment, or home modifications necessary to accommodate your condition.
Non-Economic Damages
Non-economic damages are intended to compensate you for the non-financial consequences of your injury, which can be just as significant as the financial ones. One of the main types of non-economic damages is pain and suffering, which refers to the physical pain and emotional distress you have experienced due to the TBI, which can include chronic headaches, memory loss, difficulty concentrating, or anxiety and depression the injury has caused.
Non-economic damages may also cover loss of enjoyment of life, which refers to the effect the injury has on your ability to enjoy activities you once loved. If the TBI has affected your relationships, you may also receive compensation for loss of companionship or consortium.
Punitive Damages
In certain cases, you may also be eligible for punitive damages. Unlike economic and non-economic damages, which aim to compensate you, punitive damages punish the defendant for particularly reckless or egregious behavior. These damages are awarded in rare cases where the defendant’s actions were especially dangerous or malicious, such as driving drunk or intentionally causing harm.
Contact a Skilled TBI Lawyer Today
If you or someone you love suffered a TBI in an occurrence resulting from another person’s negligence, an experienced Gainesville brain injury lawyer in your area can help. Your lawyer can handle the legal components of your case while you focus on fully recovering from your injury. Specifically, they can file a claim with the appropriate insurance company on your behalf, litigate your case through the court system, and work to maximize the compensation award you receive.