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Every year in the U.S. well over a million people go to their doctor due to an injury to their head. Many, over 150,000, will be diagnosed with TBI or Traumatic Brain Injury. This type of injury, no matter what the cause, can affect your health and life for a relatively short time or possibly for the rest of your life. The injury may inflict life-changing circumstances to your health, family, and most of all, finances.
Even a mild TBI, can give you the following symptoms:
- Headache
- Nausea and vomiting
- Fatigue and/or drowsiness
- Problems with speech
- Loss of consciousness for a few seconds, or a few minutes or more
- No loss of consciousness but feeling dazed, confused, or disoriented
- Difficulty sleeping or sleeping more than usual
First, it’s very important to note that the signs and symptoms may appear immediately, or they may emerge days, weeks, or even months after your injury.
Brain injuries can be caused by anything from car accidents to sports activities. If you, or a family member, has been in an accident and suffered a head injury, such as a severe concussion or brain damage, due to the negligence of another you most certainly be entitled to compensation under the law.
You, your family member, whether an adult or a minor, can sue if you have suffered a traumatic brain injury because of the misconduct of another person or entity.
These TBI cases are legally complex, however, and brain injury filings may take up to three years to settle. This is mainly because it can take several years to fully understand the impact the injury will have on your life. While this might seem like a long time, settling a claim too early could lead to your case being undervalued.
The case value of a traumatic brain injury depends on many factors. Damages, however, claimed for a typical TBI filing are almost always over $100,000 and claims in the millions are not uncommon.
The first thing you must do is to get immediate and thorough medical attention. Make sure you (or a family member) gather as much information about your injuries as possible. Photos of the scene (if possible), witness info, medical information, etc. so this all can be presented to your Little Rock brain injury lawyer. Your law team will put all the data together, and professionally file, and present your case to the court. Remember, it’s very important to you, and your loved ones, that an accurate picture, and future prognosis of your case be formulated. Only then, will you be able to know how much you may need to recover, provide for your family, and live the rest of your life to the fullest.
What Types of Brain Injury can I Sustain in a Car Accident, or Anywhere?
Simply explained, there are essentially five different types of brain injuries (or TBI) you can sustain, either in a vehicle accident, slip & fall, or a myriad of ways:
- Concussion – This is a form of TBI that is due to the brain hitting the hard wall of the skull during a car accident or other accidents that cause violent, almost instant movement.
- Contusion – This is essentially a bruise on the brain. It also is caused by quick violent movements, such as a car accident. It may have rather odd symptoms, such as difficulty forming sentences, slurred speech, difficulty forming new memories, and more.
- Penetration – Debris in an accident may cause this type of injury. It usually is very severe, and symptoms may include difficulty breathing, seizure, heavy blood loss, loss of bladder or bowel function, and even coma or paralysis.
- Diffuse Axonal – This injury occurs usually in high-speed accidents and is caused by severe rotation or shaking of the head (as in high-speed racing).
- Coup-Contrecoup – This injury occurs during violent accidents, such as a high-speed roll-over. Here the brain may be shaken severely and strike both the left and right sides of the skull. Both sides of the brain may be damaged, and this can be very severe.
Keep in mind, any injury to your head should be treated immediately. They may seem minor, but immediate medical diagnosis can be misleading. If caused by the negligence of another, or an institution, consult with an experienced personal injury lawyer, and make sure you have the funds needed to get proper medical care and recovery treatment.
What Are the Stages of Brain Injury Court Filing?
You, and your brain injury lawyer, will go through a series of steps in filing with the Arkansas courts. These steps are vital, and your lawyer will help you navigate your case.
Usually, they are:
- Appointing a representative.
- Pre-action protocols.
- Gathering detailed evidence of your accident.
- Gathering detailed medical evidence.
- Negotiating your potential settlement amount.
- Fast-track and multi-track court proceedings.
- Possibly settling out of court.
This is a long, detailed process that requires professional attention from beginning to end. Only by obtaining the experienced help you need; can you be most assured of getting the funds needed to move on successfully with your life.
What Is a Good Settlement Offer?
One of the most important factors in these cases is the ability to prove liability and negligence on the part of the defendant who is offering to settle the case. This is where the experience and immense professional value of your brain injury lawyer are demonstrated. By successfully gathering information (as in the stages above), detailing your injuries, and their impact on your life, will you be able to calculate what you, and your family, may need to continue to recover, and thrive for possibly the rest of your life.
A “good settlement offer” will be calculated based on the facts uncovered, cost of continued care, lost wages, and more. Do not leave any of this up to chance but get the professional help you need and deserve.
I Plan to File a Brain Injury Claim in Little Rock, What Should I do First?
When filing for any injury, it’s always best to hire a qualified professional attorney, but this is especially true when filing for brain injuries. The outcome of this case may be determining the quality of the rest of your, and your families, life. The Little Rock firm of Denton & Zachary, PLLC are passionate about these brain injury cases and will do everything necessary to secure the compensation for you to move forward. Consult with them first, and don’t gamble with your future!