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Seeking Compensation for a Traumatic Brain Injury

Posted on in Brain Injuries

lake county personal injury lawyer Traumatic brain injuries are commonly sustained in motor vehicle accidents, including those between a car and a pedestrian or bicycle rider. Suffering an often life-altering injury due to another party’s negligence can be devastating. You may be experiencing intense grief due to your altered path in life as well as rightful anger directed at the party who caused the accident. You may also be struggling to adapt to life with a traumatic brain injury. Many patients must stay in the hospital or a rehabilitation facility for an extended period. Some must relearn how to perform basic tasks, such as walking and even speaking. Traumatic brain injuries vary in severity, but all are very serious. If you have sustained a traumatic brain injury in a motor vehicle accident or another type of accident caused by another party’s carelessness, you should speak with an attorney. You may be able to recover significant financial compensation. 

How a Traumatic Brain Injury Can Affect You and How Compensation Can Help

The general purpose of laws enabling injured people to pursue compensation from the party who caused the injury is to leave the injured person in the same position they would have been in had the accident not occurred to the extent possible. Treating and living with a traumatic brain injury can be immensely costly. Effects of a traumatic brain injury and how pursuing compensation can help include: 

  • Earning potential - Those who have experienced a traumatic brain injury often experience a reduction in their lifetime earning potential. Compensation for reduced earning potential may also be possible depending on the extent of the injury. Calculating the difference in your earning potential before and after the accident may be difficult, particularly if the injured person was a young adult or child; however, there are strategies commonly employed by attorneys to do so. You may be eligible for compensation totaling the amount of this difference so that you do not experience an income reduction and subsequent alteration of lifestyle. 

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IL injury lawyerWhile injuries like broken bones, lacerations, and contusions are almost always immediately apparent, injuries to the brain are often harder to recognize. In fact, a person may sustain a severe brain injury and have little to no sign of damage on the outside of his or her head. Brain injuries range from mild to severe. Many traumatic brain injuries (TBI) begin subtly but eventually lead to severe symptoms. TBI symptoms can prevent an individual from working, fulfilling their responsibilities, and even enjoying life. If you or a loved one sustained a traumatic brain injury, you may be entitled to financial compensation for your damages.

Medical Expenses and Lost Income

Traumatic brain injuries may be caused by a car accident, act of physical violence, slip and fall accident, or other situation in which the head is forcefully struck. To diagnose TBI, a doctor may order CT scans, x-rays, and other tests. Some TBI suffers even require an emergency craniectomy to surgically relieve pressure from swelling. Between ambulance fees, hospital bills, surgery, testing, and other medical costs, treating a TBI can cost tens or even hundreds of thousands of dollars. The financial burden created by medical expenses may be exacerbated by the fact that the injured person cannot work while he or she is recovering. Through a personal injury claim, you may be entitled to compensation for your past and future medical bills, lost income from missed work, and any impairment to your income-earning ability.

Mental Suffering and Other General Damages

The consequences of a traumatic brain injury are not only financial. A moderate or severe TBI can dramatically reduce a person’s quality of life. Non-economic damages or “general damages” are those costs that cannot be represented by a number on a bill or receipt. General damages in a traumatic brain injury case often include physical pain, mental or emotional anguish, inconvenience, and loss of enjoyment of life. The value of non-economic damages is often calculated by multiplying the value of medical bills and other economic damages by a multiplier between 1.5 and 5. The amount of compensation that a person may be entitled to for non-economic damages after a traumatic brain injury will likely be based on the severity of the TBI, the degree to which the TBI affects your ability to work and complete everyday tasks, and whether your own actions contributed to the TBI.

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IL injury lawyerA traumatic brain injury (TBI) occurs when the brain is damaged in some way. The brain injury may be caused by the brain striking the inside of the sufferer’s skull during a forceful impact or it may be caused by an object penetrating the skull and coming into contact with brain tissue. The medical consequences of a traumatic brain injury vary significantly. A person may sustain a minor concussion and not even be aware of it. On the other end of the spectrum, a severe traumatic brain injury can cause lifelong disability. If you or a loved one suffered a TBI, you may have questions about your legal rights. You may wonder if you will be entitled to financial compensation for your injury, and if so, how much compensation you could receive.

The Severity of TBI Symptoms Can Affect the Amount of Damages You May Receive

The brain is responsible for controlling the majority of bodily functions. Traumatic brain injuries are unique in that they can cause physical, cognitive, and psychological consequences. TBI sufferers may experience symptoms including:

  • Headache
  • Confusion
  • Vomiting
  • Fatigue
  • Paralysis
  • Slurred speech and difficulty speaking or understanding speech
  • Difficulty swallowing
  • Body numbness or tingling
  • Facial muscle weakness
  • Loss of bowel and bladder control
  • Ringing in the ears and other hearing problems
  • Vision problems including double vision, blurred vision, sensitivity to light, loss of eye movement, and even blindness
  • Dizziness and problems with balance
  • Difficulty breathing and slowed breathing rate
  • Altered heart rate
  • Cognitive difficulties
  • Atypical emotional responses
  • Memory problems
  • Behavior changes

Typically, the more severe the TBI symptoms and the greater impact the symptoms have on your daily life, the more compensation you may be entitled to via a personal injury claim. You could be compensated for your past and future medical expenses, lost wages, impairment to your income earning capacity, pain and suffering, and more.

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IL accident lawyerInjuries to the brain can be some of the most life-changing types of injuries. If you have suffered a traumatic brain injury (TBI), you may be suffering from a range of physical, mental, and emotional symptoms. Your injury may have prevented you from working or living your life as you normally would have. You may also be left with massive medical debt and other expenses because of your injury. Through a personal injury claim, you may be able to recover compensation for the costs incurred by your TBI. The amount and types of compensation you may be entitled to will depend on the severity of your injury, your prognosis, and other circumstances.

Past, Present, and Future Medical Expenses

Unlike other injuries, injuries to the brain are not outwardly visible. In order for doctors to diagnose your TBI, you may have needed to undergo a magnetic resonance imaging (MRI) test, computerized tomography (CT) scan, cognitive and neuropsychological tests, or other testing. You may have also needed extensive hospitalization, treatment from medical specialists, rehabilitative care, and other medical treatments. Through a personal injury claim, you may be compensated for your past, present, and expected future medical costs. This may include costs associated with long-term care, home health care, and any medical devices you require.

Lost Wages From Missed Work

A traumatic brain injury can cause vision problems, sleeping difficulties, headaches, nausea, reduced concentration, memory lapses, depression, anxiety, and a host of other problems. These symptoms can be debilitating. You may have been off work for days, weeks, or months after your TBI. You may have even suffered permanent injuries that will prevent you from returning to work at all. Compensation for your lost wages from missed work as well as future lost wages and your reduced income-earning capacity may be available in an injury claim.

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What Is Post-Concussion Syndrome?

Posted on in Brain Injuries

IL injury lawyerThe brain is responsible for everything from problem-solving to motor functions. When the brain is damaged in an accident, the injured person may deal with significant cognitive, emotional, and physical symptoms. Concussions are the mildest form of traumatic brain injury, but a concussion can still cause considerable suffering. The symptoms associated with a concussion may be especially debilitating if the sufferer develops post-concussion syndrome.

How Do Concussions Occur?

Concussions can be caused by slip and fall accidents, car accidents, construction accidents, physical violence, and other situations in which the brain is damaged. Often, a concussion occurs when an individual’s brain strikes the inside of his or her skull because of a sudden acceleration or deceleration. Many people who suffer a concussion do not even realize it at the time of their accident. It is only after they begin developing symptoms that they realize something is seriously wrong. A concussion can cause symptoms such as:

  • Dizziness
  • Headache
  • Nausea
  • Vomiting
  • Drowsiness
  • Slurred speech
  • Ringing in the ears
  • Blurry vision

Cognitive symptoms such as memory loss, inability to concentrate, and even personality changes can also be caused by a concussion.

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