When Can You File a Personal Injury Claim After a Traumatic Brain Injury?
Those who have been harmed as the result of someone else’s negligence may have the right to file a personal injury claim for damages.
A personal injury claim is a civil action that seeks to hold a defendant liable for harm caused to a plaintiff. In order for a plaintiff to be successful, they must prove that the defendant owed the plaintiff a duty of care, breached the duty of care, and that the breach was the proximate cause of the TBI.
Proving a breach of duty of care is especially critical in a personal injury claim. In order to prove that the defendant breached the duty of care, the plaintiff must provide information that shows the defendant acted in a manner other than that which a person of ordinary prudence would act in the same circumstances.
Some examples of negligence that may lead to an accident that causes a TBI include:
- Leaving a spilled slipper substance on a store floor
- Failing to provide appropriate supervision at a school sporting event
Compensation for a Traumatic Brain Injury
When a person suffers a TBI, they may also suffer numerous financial and noneconomic damages, too. For example, they may incur:
- High medical bills (treatment for a brain injury can total in the hundreds of thousands of dollars or more)
- Long-term care and rehabilitation costs
- Lost wages
- Loss of earning capacity and benefits
- Emotional distress
- Psychological harm
- Diminished quality of life
The economic value of these losses may be hundreds of thousands – or even millions – of dollars. The noneconomic value of these losses, while intangible and therefore more difficult to calculate, may be just as great.
Victims who have a personal injury claim for a TBI deserve to be fully compensated for their losses. Our lawyers at the office of the Bence Law Firm LLC are prepared to work with experts to calculate the total value of your case and aggressively negotiate for your right to your full compensation.
Symptoms of a Traumatic Brain Injury
The symptoms of a traumatic brain injury vary on a case-by-case basis. Some of the symptoms of a mild concussion might include:
- Ringing in the ears
- Amnesia related to the traumatic event
If symptoms are unresolved or are more severe, emergency medical attention should be sought immediately. Symptoms of a more severe traumatic brain injury that should not be ignored include:
- Slurred speech
- Sleep disturbances
- Continued vomiting
- Pupils that are dilated to different sizes
- Loss of consciousness
- Inability to wake up
- Severe confusion
- Inability to walk or balance
If a serious TBI goes untreated, symptoms may become worse. In the most severe cases, permanent brain damage or death may result. Even in the case of a mild concussion, an important diagnosis and treatment plan is necessary. If a person who has a mild concussion reinjures their brain, the damage can be particularly serious.
Treatment for a Traumatic Brain Injury
The treatment that is required for a TBI varies depending on the type and the severity of the TBI.
Emergency care may require the administration of certain medications, including anti-seizure drugs and coma-inducing drugs. Sometimes, surgery may be required to reduce swelling and pressure in the brain, stop bleeding, or remove a blood clot.
Most of the time, however, especially in cases of less severe TBIs, a doctor will prescribe over-the-counter medications to help manage pain (i.e. serious headache), as well as plenty of rest for the patient.
Since brain damage is often irreversible, many TBI victims have a lifelong need for personal assistance and rehabilitation to help them deal with limitations.
How a Brain Injury Can Alter Your Life
A mild concussion may bench a person, so to speak, for a few weeks, preventing them from exercising or returning to work as their brain heals. Multiple concussions over the course of that person’s life, however, can put them at an increased risk of chronic traumatic encephalopathy (CTE).
A more severe brain injury, on the other hand, can have more dramatic consequences. A TBI can affect a person’s ability to:
- Think logically
- Understand what is being said
- Perform physical tasks, from writing to walking and more
- Control their emotions
- Understand social norms
- Remember short-term and long-term information
- Problem solve
- And much more
Those who suffer serious TBIs may be unable to maintain normal relationships, may have to relearn how to do basic tasks, like ride a bike or even speak, and may face permanent disabilities. Those who suffer serious TBIs may be unable to return to the workforce for many months, years, or even permanently, and may never get back to their original self.
Statute of Limitations on TBI Claims
If you have suffered a traumatic brain injury in an accident that was someone else’s fault, you may have a cause of action against the responsible party. However, if you wait too long to take action, you will be barred from recovery.
In Alabama, the statute of limitations to file a personal injury claim is two years. This means that your lawsuit must be filed within two years from the date of the accident that caused your TBI. Only a few very narrow exceptions can extend this time.
Don’t risk having your claim thrown out of court due to the statute of limitations. Contact Bence Law Firm LLC now and protect your rights.
How Our Brain Injury Attorney Can Help
As you heal from a brain injury and start to make adjustments to your lifestyle, focusing on a lawsuit can feel overwhelming. But you don’t have to do it on your own.
When you hire our traumatic brain injury lawyer near you in Alabama, we can handle the legal elements of your case on your behalf. We can help you by:
- Investigating your claim
- Identifying the at-fault party
- Gathering evidence to prove the different elements of a personal injury claim
- Working with your doctors and other professionals to calculate the full extent of your losses
- Issuing a demand letter to the appropriate insurance party
- Negotiating for a settlement
- And more
When a settlement cannot be reached, our lawyer will be fully prepared to represent you in litigation, managing the discovery phase, all paperwork and filings, depositions, mediation, negotiations, and a trial.
Call Our Alabama Brain Injury Lawyer Today
Suffering a traumatic brain injury can be shocking, traumatizing, depressing, and scary, all at once. We understand that in the aftermath of an accident that results in TBI, you may be feeling a range of emotions and have a number of concerns.
If you’re not sure where to start, we can help. The first thing you should do after suffering a TBI is to seek medical care. Then, call our personal injury lawyers at the Bence Law Firm LLC for a free consultation and more information about your options. We are here to serve you.