The brain is the control center of the entire body, responsible for movement, thinking, emotion, sensation, logic, memory, creativity, coordination, and much, much more. The human brain has truly remarkable abilities and capacities.
However, as special as the brain is, it’s also delicate. While it is protected by a strong skull, if the brain is shaken, impacted with force, punctured, or deprived of oxygen, it can suffer an injury and disruption.
When this happens, it is referred to as a traumatic brain injury (TBI). A TBI can have a significant effect on a person’s life, impacting everything from work life to relationships and even the ability to perform the basic tasks of daily living.
At the Law Offices of Pius Joseph, our traumatic brain injury lawyer understands how life-changing a TBI can be. If you or a loved one of yours has suffered a TBI in an accident that was someone else’s fault, we want to help.
Please contact our law office today for a free consultation.
When Can You File a Personal Injury Claim After a TBI?
While there is no doubt that all brain injury cases are tragic, and that anyone who has suffered a TBI should be able to receive the treatment and financial support that they need to maintain a high quality of life moving forward, not all TBI cases warrant a personal injury claim. You may file a personal injury claim only after a TBI that is a direct result of the fault or negligence of another party.
Negligence refers to the failure to exercise the proper duty of care in a given situation. For example, a driver who is texting while driving is negligent, as is a property owner who fails to remedy a dangerous condition on their property, or a sports coach who puts an athlete back in the game after they have suffered a blow to the head. In all of these examples, the party has acted outside of what a reasonable person in the same situation would have done.
In order to win a personal injury suit, though, you don’t just have to prove that the defendant owed you a duty of care and acted negligently. You also need to prove that the negligence was the direct cause of your accident and traumatic brain injury. You will also need to prove that actual damages were suffered, such as medical expenses, a long-term disability, etc.
Common Causes of TBIs
Our personal injury lawyer has experience helping clients who have been harmed in a variety of different accident types. While there is no limit to the type of brain injury cases that our firm will take on, some of the most common causes of brain injuries include:
Motor vehicle accidents are a leading cause of TBI, as well as many other injuries. This includes commercial vehicle accident, large truck accidents, and passenger car accidents.
Bicyclists and motorcyclists are at an increased risk of a TBI in the event of a crash, as the head often makes impact with the ground or another solid object. The risk of TBI increases if the motorcyclist or bicyclist is not helmeted at the time of collision.
Like bicyclists and motorcyclists, when pedestrians are involved in a collision with a motor vehicle, their heads can make contact with an object or pavement, making a TBI very likely.
Contact sports, including football and soccer, are leading causes of TBI. In fact, a lot of controversy surrounds children participating in certain sports because of the high TBI rate.
When a person slips, trips, and falls, their head may be impacted with force, and a TBI may result.
These types of accidents are by no means the only causes of TBI; any time that the head is impacted, a TBI can result.