Damages in a Traumatic Brain Injury Lawsuit

slippery%20when%20wet.jpgTraumatic brain injuries are some of the most serious injuries that occur in car accidents. According to the Centers for Disease Control and Prevention, each year 1.4 million people sustain a traumatic brain injury that is serious enough to require a visit to the hospital.

Some of the most common causes of traumatic brain injuries are car accidents, motorcycle and bicycle accidents, and slip and falls. Traumatic brain injuries can also occur as a result of violent acts, like blunt force trauma or gunshots. However, not all traumatic brain injuries are the same. Fortunately, a majority of all brain injuries are mild brain injuries like minor concussions, that may not have any life-threatening consequences, or involve long-term disability.

However, that doesn’t mean that concussions have no consequences at all. A study recently found that even mild concussions can cause thinking problems and affect memory even weeks after the injury occurs. Typically, a concussion occurs during a minor accident or a minor fall. Symptoms can include headache, nausea, vomiting, fatigue, and concentration problems.

More serious brain injuries can cause cognitive impairment, long-term memory problems, difficulty processing large amounts of information, impaired judgment, and lowered inhibitions. The person may suffer from psychological consequences, including depression and anxiety and stress. Severe brain injuries can also lead to a higher risk of dementia and other emergencies.

A person who has suffered a traumatic brain injury in a slip and fall accident may be able to file a lawsuit against the person whose negligence caused the injury. To file a lawsuit, a plaintiff must prove that the defendant owed a duty of care, or had a duty to be careful, that he breached his duty, that this breach was the cause of the injuries, and that the injuries led to financially measurable losses.

In a typical traumatic brain injury claim, a person may be able to recover damages for medical expenses, including therapy and rehabilitation, lost wages, lost earning capacity if the injury has resulted in an inability to return to work or, return to his former job, disability, as well as pain-and-suffering.

Long-term consequences of a traumatic brain injury may not be so obvious at the time of the injury. For instance, concentration problems, difficulty processing new information or learning new things, shedding of inhibitions, and other psychological changes in personality may not be apparent a few days, or even a few weeks after the injury. These consequences can severely impair a person’s ability to return to work, earn a living, and have a meaningful quality of life.

If you have suffered an injury, speak with an Indiana traumatic brain injury lawyer about filing an injury lawsuit to recover compensation for your damages. Contact the attorneys at Montross Miller Muller Mendelson and Kennedy, LLP, today.