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How We Handle Your Brain Injury Claim

When you or someone you love has suffered a brain injury, the road ahead can be long and difficult. Brain injuries are serious injuries that can change the course of your life forever—but that doesn’t mean there’s no hope for improvement. The compensation that families affected by this type of injury receive by pursuing brain injury claims can help you afford the care required to make the most complete recovery possible.

The aftermath of a serious injury may be one of the most difficult times of your life, but our brain injury attorneys are here to help. We know how hard it is to recover from a brain injury and how injuries like yours affect you and your family. That’s why we want you to feel confident that our experienced brain injury attorneys will fight for your rights every step of the way. Our team works tirelessly to get you the compensation you deserve for medical bills, lost wages, pain and suffering, and more—always at no upfront cost.

Call us today at (866) 778-5500, and let us help make things right again. You don’t have to go through this alone.

Understanding Brain Injuries and Brain Injury Claims for Compensation

Brain injuries are among the most life-changing types of injuries you could sustain. The consequences of a brain injury can be far-reaching. Whether you’re suffering from behavioral and emotional symptoms, cognitive changes, memory problems, sleep problems, troubles with communication, or movement issues and physical symptoms, it’s not difficult to see that your injury has affected your life in ways both big and small.

Improvement after a brain injury is possible, but it takes a great deal of work to make even small steps toward rehabilitation. Treatment for brain injuries can also be very expensive. In the meantime, your injury is keeping you out of work, and your family is suffering financially under the burden of medical bills.

When a brain injury has been caused by the negligence of another person or organization, you may be entitled to financial compensation for all of these damages and more. A brain injury attorney can help you get the full amount of money you deserve.

Console & Associates, P.C. is a brain injury law firm with decades of experience. We have recovered numerous six-figure and even seven-figure payouts for accident victims who suffered brain injuries such as skull fractures, concussions, brain swelling and more. It costs nothing upfront to have our experienced brain injury lawyers represent you in a no-win, no-fee personal injury claim.

What Is a Traumatic Brain Injury?

A traumatic brain injury (TBI) is a type of acquired brain injury, or a brain injury that a person isn’t born with. As the name suggests, TBIs are caused by physical trauma to the brain, as opposed to injuries that are caused by a lack of oxygen, the pressure a brain tumor causes, or exposure to a hazardous chemical.

What makes an injury a brain injury, as opposed to merely an injury that happens to affect the head, is that it causes “a change to the brain’s neuronal activity, which affects the physical integrity, metabolic activity, or functional ability of nerve cells in the brain,” according to the Brain Injury Association of America.

Brain injury lawsuits usually arise out of traumatic brain injuries caused by a physical trauma, although victims and their families may have the grounds for claims involving non-traumatic acquired brain injuries. For example, a healthcare professional’s mistake that deprives a ventilated patient of oxygen may lead to an anoxic brain injury, prompting a medical malpractice claim. In some instances, there may be enough evidence to prove that a hazardous substance increases the risk of brain tumors and to hold the manufacturer of that product or substance accountable.

Common Symptoms of Traumatic Brain Injuries

The symptoms caused by a brain injury can vary based on the severity of the physical trauma to the brain, the area of the brain injured, how well the brain withstands this injury, and other factors. Some TBI symptoms may not be immediately obvious, but that doesn’t mean that they aren’t serious. Anytime a brain injury is suspected, it’s a wise idea to seek medical care promptly.

According to the Brain Injury Association of America, some of the many different symptoms that may occur in patients who sustain a TBI include:

  • Loss of consciousness
  • Comatose or semi-comatose state
  • Paralysis or movement difficulties
  • Loss of coordination
  • Poor balance
  • Weakness
  • Numbness or tingling in body parts
  • Dizziness
  • Confusion
  • Difficulty breathing or slowed breathing rate
  • Slow heart rate
  • Cognitive changes, including slower thinking or processing and decreased attention span
  • Memory loss
  • Lethargy
  • Dilated pupils
  • Vision loss, double vision, blindness, light sensitivity, and other vision changes
  • Hearing changes, including ringing in the ears
  • Slurred speech, difficulty forming words and thoughts, and other problems with spoken and written communication
  • Headache
  • Vomiting
  • Loss of bowel and bladder control
  • Emotional responses that are inappropriate (like laughing or crying at times that don’t make sense or that are in contrast with the situation) and mood swings and emotions that are more intense than warranted by the situation
  • Leaking spinal fluid, a clear liquid, from the nose or ears

The brain controls many different parts and functions of the body, which is why injuries to the brain can cause such a wide variety of symptoms. A patient doesn’t have to have all or even most of these symptoms to be considered to have a brain injury, and even this list isn’t exhaustive.

Anytime a person sustains an injury that may have affected the head and is displaying concerning physical, mental, emotional, behavioral, cognitive, or communication symptoms, promptly seeking medical care is important.

What Are the Types of Brain Injuries?

There are many different types of traumatic brain injuries. TBIs can be mild, moderate, or severe. The severity of a traumatic brain injury determines the extent of the symptoms the victim is likely to face as well as their prognosis.

The first thing to know is that the damage that affects the brain can result from both primary and secondary injuries.

Primary injuries to the brain are those that occur at the moment the impact or other physical trauma occurs. Secondary injuries occur after the fact, over hours or even days, as a result of physiologic or metabolic changes caused by the primary injury, according to Brainline. For example, injuries like skull fractures and swelling and bleeding in the brain can cause secondary injuries when the blood flow or oxygen to the brain is cut off or the intracranial pressure (the pressure within the brain) is too high.

Primary injuries to the brain include:

  • Intracranial hematomas, the collection of blood in the brain due to ruptured blood vessels
  • Skull fractures, breaks in the bone of the skull that can cause damage to the tissues and cells of the brain itself
  • Contusions, or bruising of the brain tissue, also known as coup-contrecoup injuries
  • Diffuse axonal injury, the tearing of brain structures and nerve tissues within the brain that typically results from strong rotational forces

Most brain injuries can be divided into two types: closed head injuries and open head injuries, also known as penetrating head injuries.

  1. A closed head injury occurs when the trauma to the brain is caused by forces outside the body, yet no object penetrates the skull. A closed head injury may not be visible from the outside, but it can be very dangerous, particularly as swelling occurs within the brain and leads to increased intracranial pressure.
  2. A penetrating head injury is one in which something—debris from a crash, blunt or sharp weapons, bullets or other projectiles, or even fragments of the victim’s own fractured skull—penetrates the outer layer of brain tissue called the dura mater.

A blast injury type of brain injury occurs when the pressure waves produced by an explosion cause damage to the brain, typically without a direct blow to the head occurring, the Centers for Disease Control and Prevention (CDC) reported. Blast injuries may be closed head injuries, but the force of an explosion may also propel debris into the air that strikes and penetrates the skull of the brain injury victim.

Perhaps one of the best-known forms of brain injury is a concussion. A concussion is a mild type of traumatic brain injury, but concussions—especially repeated concussions—can cause more serious and long-term problems, including post-concussion syndrome.

Causes of Brain Injury

Traumatic brain injuries don’t only occur when a person sustains a direct blow to the head. If the accident involved strong forces, serious brain injuries could happen even when nothing struck or made contact with the victim’s head. The jolt of impact in a vehicle collision, for example, can lead to a brain injury, even if the victim doesn’t actually hit their head at any point during the crash.

Many types of accidents, as well as sports injuries, acts of violence, and medical errors, are among the potential causes of brain injuries.

Falls are the single largest cause of brain injury trauma, accounting for nearly half of hospitalizations related to TBIs in the United States, according to the CDC.

Motor vehicle crashes are the cause of around one-quarter of all TBIs, the CDC reported. Other top causes of traumatic brain injuries include being struck by or against an object, intentional self-harm, and assault, according to the CDC. Victims also suffer brain injuries in sports injuries and other kinds of accidents.

Anoxic brain injuries occur when the brain is deprived of oxygen. This can happen due to medical events like heart attacks and strokes, accidents like drowning or choking, and carbon monoxide poisoning. Medical errors may also lead to anoxic brain injuries.

Who Can Be Held Responsible for Brain Injuries?

Not all brain injuries result from negligence, which means that it isn’t always possible to seek compensation through a civil claim that holds another person or party liable for the accident. Some of the parties who might face legal liability for a brain injury include:

  • The driver at fault for a vehicle accident
  • A property owner who neglected to maintain a commercial or residential property in a safe condition, allowing for falls and other types of accidents
  • Employers and third parties who cause, contribute to, or allow hazardous conditions to exist in the workplace
  • The manufacturers of defective consumer products that either cause an accident in the first place or, in some instances, fail to provide the expected level of protection (as is the case when a helmet is defective)
  • Municipalities and government entities, when a government employee causes the accident or a government-owned property is negligently maintained, contributing to the accident
  • Medical and healthcare professionals who mishandle respiratory equipment and ventilators
  • Property owners whose inadequate security allows a guest of the property to become the victim of a preventable assault

It may be possible to hold accountable for a brain injury any person or party who had a duty to care and on whose part you can prove a breach of duty to care that led to your injury. Brain injury claims can be highly complex legal matters, but you don’t need to figure it all out on your own. Our brain injury law group can handle all aspects of the legal process for you, including identifying all potential defendants and gathering the evidence needed to build a case against each of these parties.

Who Pays Accident Compensation for a Brain Injury?

The legal settlement you receive in a brain injury lawsuit claim may not come directly from the person or company that is responsible for your accident. In fact, most personal injury settlements are paid by insurance companies. Depending on the circumstances of your accident, your settlement may be paid from coverage obtained through an auto insurance, business insurance, homeowner’s insurance, or malpractice liability insurance policy.

Why Do You Need a Brain Injury Accident Attorney?

Making the best possible improvement from a brain injury takes all your family’s focus. Splitting your attention, time, and energy between brain injury rehabilitation and a complicated legal claim may prevent you from getting the best results from either endeavor. Hiring a no-win, no-fee brain accident attorney can allow you to focus 100 percent of your effort on recovery, and—as a study by the Insurance Research Council showed—attorneys get their clients 3.5 times more money, on average, than unrepresented claimants get for themselves.

You can count on experienced traumatic brain injury lawyers to conduct a thorough investigation, collect the evidence needed to prove legal liability, and calculate the full amount of your damages to determine how much compensation you deserve. Console & Associates, P.C. provides plaintiffs in brain injury lawsuits legal representation in court, if needed. We also have a long history of success negotiating out-of-court settlements that fairly compensate our clients without having to undertake the ordeal and expense of a trial.

What Are the Considerations in Determining the Value of Compensation in Brain Injury Accident Cases?

How much money can you get for a brain injury due to accidents caused by someone else’s negligence? The answer depends on a number of different factors.

Generally, the extent of your damages—economic and non-economic—is one of the biggest considerations in determining the value of your compensation for a brain injury claim. To calculate your damages, a brain injury attorney will look at all of your damages, including the following:

  1. Physical and mental injuries suffered. A brain injury can affect you physically, emotionally, and cognitively. Because the brain is so critical to the operation of every part and function of the body, your injuries aren’t limited to just your head. The brain injury may inhibit your mobility, cause you physical pain, and contribute to mental health conditions like anxiety and depression.
  2. Medical expenses. With a serious brain injury comes significant medical bills. You might spend time in a trauma unit or a hospital intensive care unit in the immediate aftermath of your injury, followed by a stay in an inpatient rehabilitation center, then outpatient therapy. Brain injury survivors often require medications, surgeries, physical and occupational therapy, speech and cognitive therapy, assistive devices, and more.
  3. Loss of wages. Dealing with the loss of wages after accidents like yours can be a huge financial problem for a family. Under the law, people who sustain brain injuries that keep them out of work because of someone else’s negligence can typically seek compensation for their missed income.
  4. Loss of earning ability. If your brain injury prevents you from returning to work in the same capacity as before the accident, you may be able to recover compensation for the decrease in future earning potential. You have worked hard to get where you are, and that shouldn’t all be thrown away, putting your family’s financial future in peril, just because of someone else’s negligent actions.
  5. Pain and suffering. You deserve compensation for non-economic harms that you suffered, too. The physical pain caused by your injuries, the discomfort that accompanies the necessary medical interventions, the mental anguish and emotional distress that come with losing your independence and having to relearn how to walk—although there may be no clear numerical figure that represents these losses, they’re still real losses, and you deserve to be compensated for them.

Calculating your damages is an essential part of pursuing a claim for compensation, and it’s a lot more complex than most people think. Having an experienced traumatic brain injury lawyer handle this task for you is likely to result in you getting more money because attorneys know how to identify all legally recognizable damages and how to fully document your losses.

How To Prove Brain Injury Liability

For a person, company, or organization to face legal liability for your brain injury, you will typically need to prove negligence in some form. To do so, you must establish the following:

  1. The existence of a legal duty of care which the defendant owed to you, such as a duty to adhere to traffic safety laws, keep a property free of safety hazards, or follow all applicable patient safety protocols when working with respiratory equipment in a healthcare capacity.
  2. A breach of duty of care, which can occur in any number of ways, that subsequently led to your brain injury or the circumstances that contributed to it.
  3. Legally recognizable damages that were caused by the defendant’s breach of duty of care.

Traumatic brain injury law firms like Console & Associates, P.C. have provided legal representation for accident victims in situations like yours for more than 25 years. Our attorneys have extensive experience establishing the legal liability of defendants in all types of injury matters.

What Will a Brain Injury Lawyer Cost You?

No Fee Promise

When you’re dealing with the fallout of a brain injury, you might fear that you’re not in a financial position where you can afford to hire a lawyer. If you wish you could get free legal advice from a professional, you’re in the right place.

Console & Associates, P.C. makes every client our No Fee Promise, which means that you’re eligible for a free legal consultation and case review. If you choose us to represent you, we will handle your case at no upfront cost from start to finish. You won’t pay for our services unless and until we succeed in getting money for you, and you will only ever owe in attorneys’ fees a percentage of the compensation we recover on your behalf.

Schedule a Free Consultation with a Brain Injury Attorney

Hiring a lawyer to handle your brain injury claim can put you in a better position to collect maximum compensation. This step also eases the burden on you and your family. By handling every aspect of your legal claim, a brain injury accident lawyer can simplify the process of pursuing a claim for compensation. We handle everything else while you just focus on rehabilitation.

Given the complexity of many brain injury legal matters and the significant amounts of compensation awarded in these claims, it’s not uncommon for defendants to try to blame the victim for their own injuries. A brain injury lawyer can minimize any alleged liability on your part by conducting a careful investigation and providing compelling evidence that proves the defendant’s negligence.

A free legal consultation is the first step toward putting your claim in the hands of a competent brain injury attorney. Just call (866) 778-5500 or fill out our online contact form today to get your case review started.

Brain Injury Claim FAQs

How Much Money Can You Get From a Brain Injury Lawsuit?

The goal of any personal injury claim is to recover compensation for the full extent of your damages, which means that the damages you suffered play a big part in how much money you’re entitled to. Your damages are unique to your situation.

For example, mild traumatic brain injury settlements typically will be lower than settlements for severe brain injuries that leave victims with lifelong deficiencies that prevent them from living independently. However, there can still be a lot of variance in minor brain injury compensation amounts depending on the extent of medical and rehabilitative care needed and the amount of time a patient was out of work.

Developing complications like post-concussion syndrome may mean that your damages are more extensive, which increases the value of your claim. Due to the increased medical costs, time off from work, and pain and suffering, a mild traumatic brain injury and post-concussion syndrome settlement is likely to be greater than a settlement that involves a mild brain injury only.

The type of claim you pursue also affects the value of your claim. If your injury occurred at work (and not because of any third party, like a vendor or product manufacturer), you might be looking at workers’ compensation brain injury settlements rather than payouts that arise out of a traditional personal injury claim. Traumatic brain injury workers’ comp settlements don’t require you to prove liability, but they are likely to be lower than personal injury settlements. This is because workers’ comp programs in many states don’t allow for the recovery of compensation for pain and suffering, and they often limit compensation for lost wages to just a portion of the worker’s usual income.

Generally, if your brain injury required significant medical care (not just a one-time trip to the emergency room or an urgent care facility) or kept you out of work, you can expect brain injury settlement to be in the thousands or tens of thousands of dollars range, at least. For more extensive brain injuries, especially those with permanent effects, it’s not unusual for settlements to add up to hundreds of thousands of dollars. Some brain injuries prompt million-dollar and multi-million-dollar settlements, but claims with this high a value usually involve injuries so serious that they leave victims severely disabled and with a somewhat bleak prognosis.

The value of your brain injury claim also depends on the amount of insurance coverage available and the extent of your other injuries. If you have a concussion but also sustained internal bleeding and numerous broken bones that required surgery, your settlement is likely to be higher than that of someone who suffered a concussion with no other injuries.

How Long Does a Brain Injury Claim Take?

Like the process of physically recovering from a brain injury, recovering financial compensation for your accident isn’t a quick process, unfortunately. Most personal injury matters take at least a few to several months. Some brain injury lawsuits take years to resolve.

Although you want to quickly get the compensation you’re entitled to and put the accident behind you (as much as possible, at least), you should know that you don’t have to pause your life while waiting for your claim to be resolved. In the meantime, you will be getting the care and treatment you need to get better. Your attorney will put in the long hours of work needed to make your claim a success, so you can focus on rehabilitation.

Can the Brain Recover From Damage?

Brain injuries can have lifelong effects, but recovery and improvement are possible. Not every brain injury survivor will make a complete recovery in all aspects, but with treatment and therapy, many brain injury survivors will see a noticeable improvement in their symptoms and functioning. Some brain injury survivors will recover well enough to resume life as normal, or at least, nearly normal. Others may continue to need assistance for certain tasks, but physical and occupational therapy can still help them improve their functioning and develop strategies to be as independent as possible for their circumstances.

Your doctor and healthcare team are the ones who are best able to judge your prognosis and what treatments and therapies are most likely to help you reach your full potential. The compensation you get from a brain injury claim can help you pay for medical care and rehabilitation services, as well as the assistance you need to live life after a brain injury to the fullest.

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