According to the CDC, an estimated 1.5 million Americans sustain traumatic brain injuries every year and tens of thousands develop long-term disabilities as a result. If you know or believe that you have recently sustained a traumatic brain injury, you’re probably wondering what to do next.
Unfortunately, many TBIs could have been prevented. The negligence of employers, business owners, drivers, and more lead to thousands of TBIs each year.
If your TBI (or suspected TBI) was the result of someone else’s negligence, it’s time to hire a traumatic brain injury attorney.
Why is this the case? How can you be sure that a TBI attorney is right for you? Read on to learn more.
What Is a Traumatic Brain Injury?
First, let’s talk briefly about what a traumatic brain injury is. As the name suggests, a TBI is an injury that impacts or damages your brain. This often occurs as the result of a blow to the head or an object that pierces the tissue of the brain, such as shrapnel.
Even mild TBIs like concussions can have serious short and long-term effects. If you believe that you have sustained a TBI, seek immediate medical attention. If you are unsure, continue reading to learn about the signs of a TBI.
Signs You Have Sustained a TBI
There are several physical, sensory, and cognitive signs of a traumatic brain injury. These include, but are not limited to,
- new and frequent headaches
- nausea or vomiting
- fatigue
- difficulty with speech
- light or sound sensitivity
- blurred vision
- ringing in ears
- loss of consciousness
- confusion or disorientation
- difficulty with recall or concentration
- mood changes or new feelings of anxiety and depression
- changes in sleeping patterns
If you have been in an accident that impacted your skull or neck and have experienced these symptoms, you may have a TBI.
Can You File a Personal Injury Claim Over Your TBI?
Sustaining a TBI doesn’t inherently mean that you should seek out a traumatic brain injury lawyer. These lawyers can only assist you when your case falls under personal injury law. Let’s look at the three conditions that entail that you have grounds to file a personal injury claim.
The Accident Was Caused by a Third Party
First, you must have someone to file the claim against. This can be an individual person, as is the case after a car accident. It can also be a company, as is the case after a slip and fall that occurs inside of a store or commercial property.
The accident must also have been caused by the third party’s negligence. This means that they had the power to prevent the accident but failed to do so. Examples of negligence include texting while driving or failing to warn customers of a wet floor.
The Accident Led to a Traumatic Brain Injury
Next, the accident must have led to an immediate or delayed injury. In this case, that injury is a traumatic brain injury, although other types of injuries can also warrant a personal injury claim.
It is for this reason that you should always seek medical attention after an accident of any kind. You will need medical records and professional opinions to prove the current and projected state of your injury.
The Traumatic Brain Injury Is Negatively Impacting Your Finances
Personal injury claims are ultimately about financial justice. Has the traumatic brain injury negatively impacted your finances? If so, you have full grounds to file a personal injury claim.
What does this financial impact look like? It can include medical bills, lost income, and other quantifiable damages.
Why Hire a Traumatic Brain Injury Attorney?
If your traumatic brain injury fits the bill for a personal injury claim, it’s time to lawyer up. While you can represent yourself in a personal injury claim, it’s never advisable. Let’s take a look at why you should always work with a traumatic brain injury attorney in a case like this.
TBIs Can Cause Long-Term Disabilities
When it comes to TBIs, we’re often not just talking about the short-term problems. TBIs have been known to cause recurring or long-term disabilities that can impact your ability to work and affect your quality of life. A TBI attorney is all too familiar with these outcomes and will cover them in your claim.
Negligence and Fault Is Hard to Prove
To you, your personal injury claim can seem cut and dry. To the defendant’s defense team, it’s easy to complicate.
Defense lawyers in personal injury claims will go out of their way to disprove their client’s fault in your case. They may try to blame your current state on pre-existing conditions. They may assert that their client didn’t owe you more care that would have prevented your injury.
When you’re fighting against determined defense lawyers, you need someone in your own corner to establish the facts.
TBI Attorneys Can Improve the Success of Your Personal Injury Claim
When you’re dealing with a TBI, the last thing you need is to take on the stress of proving your claims or pushing against a low-ball settlement. An experienced TBI attorney can take that stress off of your shoulders and fight for your best interests while you recover. An experienced TBI attorney can also make sure that your claim covers everything you are due, not just a small portion of financial compensation.
Ultimately, working with a traumatic brain injury attorney will improve the success of your personal injury claim.
Come to Cummings Law for Hawaii Personal Injury Claims
Do you need a traumatic brain injury attorney in Hawaii? Cummings Law has the expertise and experience to fight for you.
Contact us and let us know about what happened to you. We’ll be in touch right away to get started on your personal injury claim.
