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Get Legal Help After a Traumatic Brain Injury

October 20, 2023

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A traumatic brain injury (TBI) is caused by a bump, blow, or jolt to the head or by an object that penetrates the skull and damages the brain tissue. According to the CDC, there were over 69,000 TBI-related deaths in the United States in 2021, and many more people suffered from long-term health problems after experiencing a TBI.

These injuries are often caused by someone’s negligence or wrongdoing. With the help of an experienced personal injury lawyer, ClevelandTBI victims can get the help they need to prove fault and get the compensation needed for medical expenses, lost income, pain and suffering, and other damages.

This post will explain what TBI is, what causes it, how to file a TBI claim, and how a personal injury lawyer in Cleveland can help you.

Traumatic Brain Injury Defined

A TBI occurs when the brain becomes injured by an external force that disrupts its normal function. The severity of a TBI can range from mild to severe, depending on the location and extent of the brain damage.  

A mild TBI, also known as a concussion, may cause temporary symptoms such as:

  • Headache
  • Nausea
  • Dizziness
  • Confusion
  • Memory loss
  • Mood changes

A moderate or severe TBI may cause more serious and pervasive symptoms such as:

  • Loss of consciousness
  • Seizures
  • Coma
  • Paralysis
  • Cognitive impairment
  • Behavioral changes
  • Death

Causes of Traumatic Brain Injury (TBI)

The most common causes of TBI are falls, firearm-related injuries, motor vehicle crashes, and assaults. However, any event that involves a sudden impact or penetration to the head can potentially cause a TBI. Some other examples of potential causes of TBI are:

  • Sports injuries
  • Explosions
  • Workplace accidents
  • Medical malpractice
  • Defective products
  • Animal attacks

How Can I File a TBI Claim?

If you have suffered a TBI because of someone else's negligence or intentional act, you may be able to file a personal injury claim against the responsible party. A personal injury claim is a legal action that seeks to recover compensation for your losses and damages caused by the injury. To file a personal injury claim for a TBI, you will need to prove four elements:

  1. Duty: You must show that the defendant owed you a duty of care to act reasonably and avoid causing harm. This responsibility means they had a legal obligation to behave in a certain way toward you based on the circumstances. For example, drivers must follow traffic laws and drive safely. Doctors must provide competent medical care. Manufacturers must make safe products.
  2. Breach: The defendant breached their duty of care by acting negligently or intentionally. A breach means that they failed to meet the expected standard of care. For example, drivers breach their duty when they speed, run red lights, or text while driving. Doctors breach their duty when misdiagnosing, prescribing the wrong medication, or performing unnecessary surgery. Manufacturers breach their duty when they make defective products that cause harm.
  3. Causation: You must prove the defendant's breach of duty caused your TBI. This proof must directly link the defendant's actions or inactions and your injury. For example, if you were hit by a drunk driver who ran a stop sign, the driver's breach of duty caused your injury.
  4. Damages: You must have suffered damages as a result of the TBI. This requirement means you have incurred actual financial losses or harms that can be measured and compensated. For example, if you had to pay for medical bills, miss work, endure pain and suffering, or lose your ability to enjoy life because of your TBI, you suffered damages.

Compensation for a TBI

The compensation you may receive for your TBI will depend on the severity of your injury and its impact on your life. You may be able to recover two types of damages: economic and non-economic.

Economic damages are those that can be easily calculated and measured, such as:

  • Medical bills
  • Future medical costs
  • Lost wages
  • Reduced earning capacity
  • Property damage

Non-economic damages are those that are more subjective and difficult to quantify, such as:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium
  • Punitive damages (only applies in some cases)

For a precise evaluation of the extent of your damages, consult a personal injury lawyer in Cleveland.

How A Nurenberg Paris Personal Injury Lawyer Can Help You

Filing a personal injury claim for a TBI can be complicated and stressful, requiring extensive evidence, expert testimony, and legal knowledge. If you try to handle your claim on your own, you may face many challenges and obstacles from the insurance companies, the defendant's lawyers, and the court system.

You should have an experienced personal injury lawyer to help you with your case. At Nurenberg Paris Heller & McCarthy Injury Lawyers, we have represented victims of personal injuries for over 90 years. We have the skills, resources, and dedication to fight for your rights and get you the compensation you deserve.

Our team will:

  • Conduct a thorough investigation of your case.
  • Gather all the relevant evidence and documentation.
  • Hire qualified medical experts and consultants.
  • Negotiate with the insurance companies on your behalf.
  • Prepare your case for trial if necessary.
  • Advocate for your best interests at every stage.

Don't wait to contact us if you have suffered a TBI due to someone else's negligence or wrongdoing. Contact us today and complete our online form to schedule a free consultation with one of our lawyers. Let us help you recover from your injuries and thrive.

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