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Statistics published by the Centers for Disease Control and Prevention (CDC) show that an estimated 1.7 million people suffer from brain injuries annually. While nearly 80% are treated and released from the emergency department, many become hospitalized or die from a moderate to severe traumatic brain injury (TBI). The party that is responsible for this injury could be an individual or group of people, companies, or organizations whose actions or failure to act caused damages in the form of bodily injury.
Head injuries are most frequently caused by falls, traffic accidents, and assault. Brain-specific injuries are often caused by the head being struck by or against an object, though it may also result from a jolt causing the brain to hit the skull, like the impact of a car accident. In either instance, head injuries may result in severe brain damage, bleeding in the brain tissue, brain stem trauma, or skull fracture. It is not always clear if negligence led to a head injury; however, an experienced Philadelphia brain injury attorney will be able to help navigate the details of a situation and determine if there are grounds to file a civil lawsuit against a business, city, or manufacturer on your behalf.
Depending on the severity of the injury, treatment and recovery for head injuries may take months or become a lifelong process. Surgery, extensive brain injury rehabilitation, speech therapy, and occupational therapy may be required in the treatment and recovery of TBI. This can be expensive, especially if long-term care is needed. Some victims never regain the ability to speak, perform household duties, drive, or return to work. TBI can also cause other health issues like epilepsy and increase the risk for conditions, such as Alzheimer’s Disease, Parkinson’s Disease, and other brain disorders that become more prevalent with age as stated by the National Institute of Neurological Disorders and Stroke. With a potential need for extended treatment or lifelong care, brain injury victims can accrue overwhelming medical expenses in addition to lost wages.
Traumatic brain injuries range from mild to severe, with many causes, symptoms, and treatment options that are unique to each victim. The Marrone Law Firm, LLC has had previous success representing victims who have sustained severe brain injury as a result of motorcycle accidents, car accidents, slip and fall due to poorly maintained property, dram shop cases involving assault or traffic accidents, and products liability. The people we represent display major physical and cognitive difficulties, including significant changes in mood, depression, an inability to work or perform day-to-day tasks, among other extensive damages. Though TBI contributes to a third of all injury-related deaths in the United States, many survive and are left with the challenge of living with the effects. It is our duty to help our clients determine a life care plan and lead the process of recovering compensation that will be crucial in tackling their costly, long-term health needs.
Medical expenses for TBI victims can be significant, and dealing with insurance companies is often difficult and confusing. It is important to consult with an experienced brain injury lawyer after an accident to discuss the possibility of recovering compensation so they may receive adequate treatment and maintain their standard of living without worry.
Some brain injuries occur from a blunt impact to the head, while others might stem from a penetrating wound. The most common conditions that can lead to a civil lawsuit include the following.
Arguably the most common TBI, concussions can vary between relatively minor and life-altering. They occur when a person’s brain is jolted so hard that the vibrations damage it. The injury usually results from a person being struck in the head.
A coup-contrecoup injury occurs when an impact to the skull not only damages the brain at the point of contact but also causes it to bounce and strike the other side of the skull.
Also known as a brain bruise, contusions can be more serious than they sound. They involve bleeding beneath the surface of the brain, which often heals on its own in a matter of days. Unfortunately, some of these injuries can become life-threatening without treatment.
Also referred to as DAIs, this condition has some similarities with concussions. It involves an impact to the head that is hard enough to jolt the brain. Where it differs is that the damage occurs to the stem of the brain instead of the brain itself.
Not all of these wounds involve blunt force trauma. Some injuries occur when an object pierces the skull and the brain completely. This is most common with gunshot wounds but can also occur in situations like construction accidents or car wrecks.
Different financial compensation may be available for a person living with a traumatic brain injury. These awards can cover their physical, emotional, and financial losses. Damages that are commonly sought in these cases include the following.
The medical needs of someone living with this condition can be extensive. Dealing with the monetary cost of treatment can be overwhelming, but the negligent party could be responsible for covering those expenses.
It is not uncommon for a person living with a TBI to miss time at work. For some, this could be weeks or months without their primary source of income. Using employment records and other evidence, a plaintiff could recoup their lost wages through a civil lawsuit.
Traumatic brain injuries are known to be painful since any damage to the nervous system has the potential to cause lasting, debilitating pain. An injured person could be entitled to damages based on what they experienced psychologically and socially, both in the past and in the future.
A civil lawsuit is an option when a traumatic brain injury occurs as the result of negligence. However, plaintiffs must comply with a strict deadline known as the statute of limitations. Filing suit may be impossible after this deadline expires.
The statute of limitations expires after two years in most cases in Pennsylvania. There are a few scenarios where a plaintiff might have additional time, particularly when the injury victim is a juvenile.
Failure to comply with the statute of limitations can bring a case to a sudden and disappointing end. Even when the plaintiff has a strong argument for negligence, they will lose the opportunity to pursue compensation for their brain injury in the future.
Was your life drastically altered after severe head trauma? Our Philadelphia traumatic brain injury lawyers at the Marrone Law Firm, LLC are highly experienced with cases involving all types of head injuries. We invite you to contact us to schedule a free initial consultation to discuss your situation.
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