Traumatic brain injury (TBI) victims must deal with cognitive and psychological challenges the rest of their lives. The physical and mental consequences of their injuries can result in substantial costs, lifelong treatments, and decreased quality of life. Family members of TBI victims typically struggle to pay for the extensive medical care that is required for their loved ones. The personal injury attorneys at Scaffidi & Associates understand the devastation a TBI can bring. We offer compassionate representation and aggressive litigation to make sure any responsible parties are held liable for these injuries.
What Is A Traumatic Brain Injury?
A traumatic brain injury (TBI) results from a sudden, violent shock to the head that causes the brain to impact the skull. Shaking the head or body severely can have this effect as well. Not all TBI victims lose consciousness, because no two brain injuries are the same.
It’s important to understand that a TBI is not simply a head injury. A TBI affects basic brain activity and functioning. Because the brain controls so much of our behavior and personality, a TBI can cause permanent, irreversible changes to one’s life.
What can cause a traumatic brain injury?
The most common causes of TBIs are:
- Slips and falls
- Automobile accidents
- Motorcycle collisions
- Construction and workplace accidents
- Bike crashes
- Firearm injuries and violent crime
Many of these are the result of an individual’s negligence, recklessness, or wrongdoing. When another person or company’s behavior results in someone suffering a TBI, that individual or business can be held liable.
What are the symptoms of a Traumatic Brain Injury?
The symptoms of a traumatic brain injury will vary from one victim to another, based on the severity of the injury. The nature of the symptoms will also depend on what part of the brain is affected. These are some of the common physical and mental symptoms:
- Severe or recurring headaches
- Memory loss
- Difficulty comprehending or concentrating
- Difficulty communicating
- Loss of consciousness
- Slurred speech or difficulty speaking
- Chronic pain
A TBI can also cause serious changes in mood, behavior, and emotion. Some of these symptoms include:
- Personality changes
- Emotional outbursts
- Mood swings
Not all symptoms are readily apparent right after an injury. It can take weeks or even months to appropriately diagnose a TBI. For this reason, it’s important that victims and their families – working with the victim’s healthcare providers – take the time to observe the individual after the injury. Understanding the nature and extent of the injury can help patients and their families plan for the necessary treatment and expense that will follow.
How Does A TBI Affect A Victim’s Life?
A TBI victim may undergo a variety of life changes after an accident, including:
- Inability to work
- Inability to work at the same level or in the same field
- Difficulty caring for oneself
- Struggles with routine daily tasks
- Cognitive impairments such as difficulty learning or retaining new information
- The need for rehabilitation or therapy
- Immediate and ongoing medical costs
- The need for assistance from family or caregivers
All of these come with significant financial expenses, especially with respect to medical treatment or the need for long-term care. Many TBI victims find it difficult or impossible to hold down the same job as before, which can make it hard to support their families.
What sorts of damages may a TBI victim receive?
Victims can expect an attorney to demand past, present, and future economic and non-economic damages following a TBI. The nature, amount, and duration of these damages will depend heavily on the circumstances surrounding each individual case. Depending on the facts in your situation, you could be eligible for:
- Medical expenses, past and present (e.g. emergency room, hospital, ambulance, surgery, anesthesia and prescription medication costs)
- Future and ongoing medical expenses (for future surgeries and medical treatments)
- Rehabilitation costs (e.g. physical, occupational, and psychological or psychiatric therapy)
- Costs for equipment and medical devices
- Costs for caregivers
- Lost wages and reduced earning capacity
- Pain and suffering (mental and physical distress)
- Funeral and burial expenses in the event of wrongful death
- Property damage
What will I need to prove to recover damages?
Most TBI cases are the result of negligence. In a negligence case, the plaintiff has to demonstrate that the defendant owed a certain duty of care to the plaintiff, which was breached and thereby caused harm to the plaintiff. In most cases, you will need to show that the defendant failed to act in a reasonably safe manner.
How can an attorney help me?
No compensation can fully restore a victim to the state he or she was in before the accident. Nonetheless, our attorneys work with physicians, therapists, vocational experts, and others to fully project the anticipated costs resulting from a TBI. In this way, we can estimate a fair and just award, and either take the matter to trial or negotiate a reasonable settlement.
Because of the complexity of brain injury cases, having an experienced brain injury attorney is a must. A lawyer will know not only the applicable laws in your case, but the types of evidence that will need to be presented. Understand, also, that if you are battling an insurance company or corporate defendant, their attorneys will do everything they can to pay as little as possible.
The defendant in your case may offer a settlement amount that is far too low or does not adequately take your future costs into account. Once you accept an offer, that’s the end of your case, and you don’t get a chance to revisit it later. This is why you need an attorney who will review and carefully evaluate any settlement offers to make sure they are in your and your family’s best interests.
Contact Our NYC Brain Injury Attorney Today!
The attorneys at Scaffidi & Associates have the knowledge and skills necessary to fight for the compensation that TBI victims deserve. Contact us today to schedule a consultation.