December 8, 2023

In many cases, victims of traumatic brain injury (TBI) are involved in litigation because someone else caused the traumatic accident or was at fault. 

What is a TBI injury, and what are the symptoms of one?

Traumatic brain injury (TBI) disrupts the brain’s normal function due to a violent blow or jolt to the head. Signs and symptoms of TBI vary as per the severity of the injury. Here are some common symptoms of a TBI:

  • Vomiting
  • Headache
  • Fatigue
  • Confusion
  • Speech difficulties
  • Paralysis
  • Coma
  • Loss of consciousness, etc. 

How do I know if someone else’s negligence caused my injury?

Traumatic brain injury is not only devastating, but it also alters the way of living. Unfortunately, there are many ways that someone else’s negligence can lead to a traumatic brain injury. Motor vehicle accidents are a major cause of TBI. Most auto accidents have a huge impact, and it’s not uncommon to have the head hit the steering wheel, against the window, or dashboard. 

In many cases, the TBI victims do not have a broken skull or are unconscious. However, it is not unusual to suffer a TBI after experiencing enormous jolting or violent shaking during the impact, even if you or your loved one never lost consciousness. Other common causes of TBI are sports activities, falls, accidents at work, etc. The fact remains the same; someone else’s negligent actions can cause TBI. Every case of TBI is unique and has specific details related to the incident, which must be thoroughly investigated to determine negligence. Hence, it is best to consult a TBI lawyer to investigate.

How to determine if I have a case for a lawsuit after a TBI injury?

In TBI cases, there may be a dispute as to what or who caused the traumatic brain injury. This makes it essential for a victim to gather some pieces of evidence to support his/her claim. Depending on the accident circumstances, evidence may include statements from a witness, surveillance footage, cell phone records, medical records, photographs of the accident scene, etc.

Your skilled and experienced TBI lawyer will analyze all the details and determine why the traumatic brain injury occurred. In addition, the lawyer can compel the production of all kinds of evidence to support your claim. Finally, the attorney will help you with the legal path, proper treatment, justice, and compensation per your case.

What should I do if I think I have a case for a lawsuit?

Your first course of action is to find an experienced TBI lawyer, as every case is different. Talk to your lawyer because if you have a claim, there may be a statute of limitations like a clock running, after which the court may be subject to dismissing your lawsuit.

How can a lawyer help me prove that someone else’s negligence caused my TBI?

Proving someone else’s negligence of a TBI is never easy. However, to receive proper care in the long run and comprehensive compensation, you need an experienced TBI lawyer. Some TBI cases are often settled out of court because of the complex nature of the injury.

Your TBI lawyer will analyze and determine the right value of the settlement and whether the compensation is enough to cover your needs. You need to gather evidence to prove that someone else’s negligence caused the TBI. For gathering evidence like paperwork, employment records, maintenance records, eyewitness testimonials, etc., your lawyer can help.

What are the chances that my case will be successful?

While considering a lawsuit, you may immediately think of a trial in a courtroom. The trial idea may be intimidating, but it isn’t always the case. Most traumatic brain injury cases are resolved through other options before the trial begins.

Even if alternative options are ineffective in your case, your TBI lawyer can continue negotiating with the counsel and negligent party throughout the stages of litigation. New arguments and evidence can be presented to show you have a solid case. This encourages a reasonable settlement. Your TBI lawyer must have the knowledge and experience of effectively negotiating during settlement communications. With a skilled and experienced lawyer by your side, your chances of resolving a case outside the courtroom with a favorable outcome increase.

Resolving a traumatic brain injury case outside the courtroom can be preferable. However, it should be noted that it is not an option in a few cases when the opposing party refuses to pay a justified settlement. Your TBI lawyer should have extensive experience when a trial is essential to get the just and fair compensation your case deserves.