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Filing a personal injury claim for a brain injury

On Behalf of | Apr 8, 2019 | Uncategorized |

Car accidents can prove deadly. Even if you or your loved one survived a serious auto accident, you may wish to pursue justice against the driver who caused the crash.

A traumatic brain injury (TBI) can lead to serious lifelong impairments and hundreds of thousands of dollars in medical expenses, and can impair a person’s ability to work or function normally in life. A personal injury claim can help you to focus on physical recovery without the added stress of overwhelming bills.

TBIs and life-threatening symptoms

According to the Center for Disease Control and Prevention (CDC), the effects of a TBI can include both emotional and physical trauma. A person suffering from a brain injury may experience short-term or long-term issues like:

  • Loss of motor function
  • Decreased cognitive function
  • Lack of sensation
  • Inability to maintain stable emotions

Compensation for TBI injuries

Though the process of winning a personal injury case involves lengthy preparation from your attorney and a trial, the compensation you and your loved one may receive proves significant. The court will determine a payout amount including:

  • Medical bills
  • Physical therapy and rehabilitation costs
  • Ongoing medication expenses
  • Missed work costs
  • Pain and suffering endured

Personal injury claims and negligence

When bringing forward a case of personal injury regarding a traumatic brain injury, it is essential to understand negligence. Negligence describes a situation in which a person acted without due care. If your loved one was injured by someone who was texting, eating or simply not paying attention to the road, they may be found negligent.

For a court to rule in your favor, you must prove that the driver of the vehicle that injured your loved one:

  1. Had a duty to drive safety down the road
  2. Breached that duty by being distracted or making a dangerous traffic decision
  3. The accident involving your loved one was caused by the actions of the other driver; and
  4. Your loved one suffered serious brain damages due to the accident

While your loved one recovers, filing a personal injury case may rectify monetary needs. Traumatic brain injuries may be life-altering, but know that a court will rule to award compensation to your loved one, so he or she may focus on their recovery without the stress of owed medical bills.