A traumatic brain injury, or TBI, can affect virtually every aspect of your life. In some cases, brain injuries are accompanied by debilitating symptoms that can affect your emotional, physical, and financial well-being.
If your brain injury was caused by the negligence, recklessness, or intentional violence by another party, a lawyer at Tipp Coburn & Associates PC can help you recover compensation for your losses.
Can you pursue a lawsuit?
Our Missoula, MT, lawyers can assist you in recovering compensation for present and future medical costs if you have been hurt in an accident. Whether you were injured at work or in a motor vehicle or truck accident with a drunk driver, you could have injuries that have not yet manifested. Traumatic brain issues can occasionally take some time to appear, and ignoring symptoms will only cause the injury to worsen.
What is a Traumatic Brain Injury?
A traumatic brain injury can be the result of any type of blunt force trauma to the head. Injuries can be caused by car accidents, falls at work, sports injuries, physical assaults, or other accidents where significant trauma to the head takes place. At first, the victim may not be aware of the injury, but may begin to experience:
- Memory loss
- Mood swings
- Anxiety or depression
- Restlessness and difficulty sleeping
- Uncontrollable fluid draining from the ears or nose
- Changes in equilibrium such that walking becomes unsteady
When these symptoms appear a day or two after an accident, they are likely the sign of a traumatic brain injury. It is important to seek immediate medical attention and allow a medical professional to diagnose a traumatic brain injury. Once that diagnosis has been made, the next step is to seek compensation from the negligent party.
Traumatic brain injury cases require specialized attention. Making certain not to overlook symptoms is the first step toward maximizing recovery and damages.
Immediate and Long-Term Effects of Traumatic Brain Injuries
The immediate effects of traumatic brain injuries include loss of consciousness, short term forgetfulness or confusion, and disorientation such that the victim is unable to remember his or her name or the date. In the long term, traumatic brain injuries result in paralysis, changes in speech pattern and ability, slipping into a coma, and loss of mental functioning such that the victim is unable to return to their normal life. When treatment is sought right away, injured persons lower the risk of suffering from longer term disabilities. However, when left untreated, the symptoms of traumatic brain injuries can lead to the need for a lifetime of care. When symptoms are present after an accident, it is critical to let a doctor know the circumstances of the injury so a proper medical diagnosis can be made and a treatment plan implemented.
Establishing Liability for Traumatic Brain Injuries
Car accidents, slip and falls at work, and even participation in sports can cause traumatic brain injuries. Any time an accident is caused by the action, or inaction, of another person or entity, that person or entity is responsible for the damage done. To establish liability, a victim must show:
- The injury is the result of an accident, and that accident was caused by the negligent action of another. In car accidents, this can be failing to abide by traffic laws or pay full attention to driving; at work, the injury might be the result of improper training or maintenance of equipment; and a sports injury can be the cause of defective safety equipment or overly aggressive play by an opponent.
- The accident would not have happened had the negligent party been acting as a reasonable person would in a similar circumstance.
- The action, or lack of action, caused the accident and the injury is directly related to the accident.
Once liability is established, an injured person can seek compensation from the responsible party. To maximize the reimbursement, clear evidence must be presented and the amount of damages proven. Victims are allowed to seek recovery for lost wages, medical expenses, the cost of long-term care needs, and other expenses related to the accident.
Tipp Coburn & Associates PC
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