How Do I Make a Personal Injury Claim for Brain Injuries?
Traumatic brain injury is a frequent and dangerous injury that happens in car accidents involving a head impact (TBI). Each year, 52,000 people in the United States die due to a TBI, 275,000 are hospitalized, and 365 million are treated and discharged from an emergency room. As experienced personal injury attorneys in Colorado Springs, we know the cold reality that a brain injury caused by a motor vehicle collision is very common.
Unfortunately, it’s conceivable that a TBI is ignored after a catastrophic accident, only for symptoms to appear days, weeks, or even months later. Although frail bones may heal, a TBI can permanently alter a victim’s life, affecting their relationships, career, mental ability, and quality of life. This, of course, makes it hard to make a traumatic brain injury claim. This is where a skilled car accident attorney comes in.
As defined by the Brain Injury Association of America, TBI occurs when neurons or nerve cells are damaged. The neurons create tracts that send signals to various sections of the brain, sending messages to other portions of the body, allowing humans to operate. When neurons are injured, the body is unable to perform certain activities. Our brain injury attorneys are here to help you make a traumatic brain injury claim and get fair compensation.
When a motor vehicle accident occurs in Colorado Springs, you should make it a priority to see the right medical providers. While a primary care physician is the easiest to get into most of the time, they lack the specialized knowledge of a medical provider like a neurologist. Our experienced attorney can make sure you get into the right healthcare providers right away. Personal injury cases often ride on the quality of the medical care. A serious brain injury requires a specialist.
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SYMPTOMS OF A BRAIN INJURY IN COLORADO SPRINGS
Mild and severe brain injuries are divided into two groups. If you lose consciousness for less than 30 minutes, you have a minor traumatic brain injury. Although most TBIs are deemed minor, up to 15% of patients may suffer symptoms for a year or more.
Every brain injury is different, although several TBI symptoms are common in the majority of cases:
- Problems with coordination
- Excessive sleep or sadness are all signs of a moderate TBI. Mood swings and aggressive outbursts
- Memory loss, inability to formulate ideas or phrases
- Sensitive problems (Loss of smell, bad taste in the mouth, sensitivity to lights or sound, etc.) Nausea
It’s worth noting that many mild TBI sufferers will ultimately restore their entire quality of life. Moderate to Severe TBI Symptoms: Signs of a major TBI may occur within days, such as:
- Clear fluid draining from ears
- Dilated pupils (one or both eyes) Depression
- Nausea or vomiting regularly
- Difficulty speaking or walking, as well as disorientation Clear fluid draining from the nose or ears
Irritability, Aggressive Behavior
It’s crucial to remember that TBI symptoms aren’t always obvious. Symptoms of a brain injury might appear days or even weeks after the occurrence, depending on the degree of the damage.
To be on the safe side, if you detect any behavioral or physical abnormalities after a substantial hit to the head, you should see your doctor. Any injury to the brain’s surface should be shown by a comprehensive neurological examination or a brain imaging scan.
THE DANGER’S HIGHLIGHTS
Car accidents account for over 14% of all traumatic brain injury cases in the United States. They are the primary cause of TBI-related mortality among adolescents and young people, according to the CDC.
A brain injury occurs every 23 seconds in the United States, and around 50,000 people die each year due to a TBI.
According to research, car, bicycle, and pedestrian/car collisions are responsible for more than half of severe head and brain injuries. While various safety measures, such as seat belts, car seats, and airbags, have helped to minimize the number of fatalities and injuries, car accident numbers remain alarmingly high.
Car accidents are the leading cause of traumatic brain injuries requiring hospitalization, particularly among teenagers and people aged 15 to 44.
Visit the CDC’s traumatic brain injury website for additional information and statistics on car accidents and injuries.
FORESEEABLE DANGERS = KNOWN DANGERS.
Having the appropriate information regarding the prevalence and origin of TBIs may help specialists establish preventative efforts, make research and education choices, and understand how to effectively serve individuals affected by a TBI from a medical standpoint.
Knowing the hazards of TBIs is crucial from a legal standpoint because when a threat is recognized, it is predictable. That’s a key phrase for demonstrating your case — that your injury was preventable.
The appropriate information aids your attorney in proving your case and maximizing your payout. This is particularly crucial if you continue to have long-term symptoms from a TBI’s aftereffects, which may last forever if the TBI is severe.
Post-Accident Traumatic Brain Injury Signs and Symptoms Symptoms of Mild Traumatic Brain Injury
If you have any of the following symptoms after a car accident, you should seek medical attention right away since you might be suffering from a significant brain injury:
Feeling dizzy, confused, or disoriented Loss of consciousness; this may last as short as a few seconds or as long as a few minutes Changes in sleep patterns, such as sleeping too much or too little
Dizziness or Loss of balance Changes in sensory perception, such as blurred vision or ringing in the ears Headache, fatigue, and drowsiness Nausea or vomiting Changes in sleep patterns, such as sleeping too much or too little.
Changes in sleep patterns, such as sleeping too much or too little Changes in sensory perception, such as blurred vision or ring Mood swings or fluctuations in mood.
A more comprehensive list of signs and symptoms of a mild TBI may be found at the Mayo Clinic.
SYMPTOMS OF MODERATE TO SEVERE TRAUMATIC BRAIN INJURY
Some of the signs and symptoms of moderate to severe traumatic brain injuries include:
Loss of consciousness for minutes or up to an hour; persistent headache; repeated nausea or vomiting; convulsions or seizures; clear fluids draining from the nose or ears; Loss of coordination; slurred speech; and confusion.
If you have these symptoms after a car accident, contact your doctor or go to the emergency room right away.
You should seek emergency medical attention before contacting any car insurance company. You should consult an attorney before contacting any car insurance company since this might influence your concussion injury claims and the amount of compensation you get.
Traumatic brain injuries, for which the majority of compensation claims are filed after an accident, are classified into two categories based on severity, and either of these can affect things like your concussion car accident settlement, post-concussion syndrome settlement value, and the amount of compensation you receive for your concussion. The first is a moderate TBI, whereas the second is a severe TBI.
There are two forms of TBIs, according to the National Institute of Health (NIH). The first is as
TBI WITH A LOT OF POWER
An open TBI is a term used to describe this situation. When an item penetrates the brain tissue and causes damage to a section of the brain, this is known as a stroke. The second is a TBI that does not penetrate the skin.
A blunt TBI is a term used to describe this kind of TBI. It happens when a powerful enough external force moves the brain inside the skull. An car collision is the most likely cause of this form of TBI.
Whether you suffered a moderate or severe TBI, a piercing or non-penetrating TBI, or a penetrating or non-penetrating TBI, you may file a claim if a careless driver caused the damage.
In the next part, we’ll look at how much a brain injury claim is worth and what you can get.
WHAT IS A TRAUMATIC BRAIN INJURY, AND HOW DOES IT HAPPEN?
When your brain bleeds, bruises, or slices due to the violent or forceful movement of your head or body, such as after a car accident, you have a TBI.
It may be transient or permanent, leading to long-term consequences and even death, depending on the severity.
A TBI may vary in severity from moderate to severe. While most TBIs that occur each year as a result of car accidents are thought to be minor concussions, they may have considerably more serious consequences.
TBI WITHOUT A HEAD INJURY
TBIs that arise as a consequence of an car collision is exacerbated by the fact that they may occur even if there was no direct head trauma.
An car accident’s force may cause your brain to move within your skull without your head colliding with anything, resulting in a TBI.
It’s essential to have a medical check-up after an accident from a skilled and suitable medical practitioner, particularly if you want to file a claim or take legal action against the motorist who damaged you.
A concussion may not necessarily result in a loss of consciousness, but it can alter a person’s mental state and affect brain function.
If you want to look into whether you have a recoverable concussion claim or if your head impacted the steering wheel after an accident, contact a skilled attorney. Getting in touch with an attorney as soon as possible assists you with your post-concussion syndrome compensation as well as the value of your concussion settlement.
AN UNSEEN THREAT
Following a catastrophic car accident, it’s completely conceivable that a TBI may go unnoticed. This makes obtaining quick medical attention critical, and it may also help you recognize signs that signal your injury is more severe than it looks.
If you wait to get well before seeking treatment, the insurance company may claim that you did not take reasonable steps to reduce your losses, and you may be entitled to less reimbursement. Please don’t let this happen! After your accident, call a doctor and talk with your lawyer as soon as possible.
TBI CASE VALUES HAVE INCREASED
Jurors’ View TBI’s with Less Skepticism
Dr. Bennet Omalu made a discovery in 2002 that changed the medical and sports worlds, as well as the worth of your brain injury lawsuit payout. If you are unfamiliar with that name, you may be familiar with Will Smith, who portrayed Dr. Omalu in “Concussion.” That film altered the public’s view and acceptance of a previously unseen injury.
Why is history so important to you? Because your possible jurors are included in the “public.” When the public’s opinion on an issue changes, so do the opinions of prospective jurors. If you have a more accommodating perspective or a change of heart about a problem in your case, you will get larger settlements and judgments. Concussions, brain injuries, and their many variants, such as TBIs and mTBIs, are examples of this.
THE INVISIBLE INJURY IS NO LONGER INVISIBLE
For injuries that can’t be seen, jurors are more likely to award less money. One of the unseen ailments that have this difficulty is brain damage.
Diffuse tensor imaging, a technique from the 1990s that has grown in popularity, has altered that during the previous 20 years. We can show jurors brain imaging that supports the presence of brain damage thanks to this technology. Although DTI results are not definitive proof of a TBI, they are far from asking the jury to accept your word for it that you are hurt.
As a result, these injuries have become less subjective, more verifiable, and more valued in settlements and judgments.
DAMAGES: TBI LOSSES THAT ARE RECOVERABLE DUE TO CAUSALLY RELATED INJURIES
A traumatic brain injury may affect you in several ways, both physically and psychologically. Some signs or symptoms may show immediately after a car collision, while others may occur days or weeks later.
All of these losses, including pain and suffering, maybe recovered if a medical expert can causally link your symptoms to the brain damage, which may help decide the size of your car accident concussion settlement.
LOSSES THAT MIGHT BE RECOVERABLE
Long after a head accident, brain scans reveal signs of brain damage, showing the potentially permanent nature of these injuries.
As a result, we know that a TBI may cause lifelong damage and significantly influence many elements of one’s life. Personal and professional connections, work and productivity, and general quality of life are all factors.
While a TBI may result in physical damage, cognitive, emotional functioning, and behavior are likely some of the most disturbing and devastating outcomes.
This might influence everything you do, including grocery shopping, driving home, and picking up your children from school. All of these negative consequences of TBI injuries may be compensated for in a traumatic brain injury settlement.
Mild to severe memory loss that may or may not be permanent, Loss of balance and visual depth perception, as well as behavioral and emotional problems, are all possible TBI symptoms that are reversible impairments.
Varied persons may have a different set of symptoms as a result of a head or brain injury. As a result, you must work carefully with your lawyer to detail how your brain damage is affecting you, as this might directly influence your concussion compensation from a car accident.
Your attorneys will need to draft an acceptable demand letter and, if required, litigation discovery to discuss your injuries with the adjuster, defense attorney, judge, and jury to secure the greatest post- concussion syndrome settlement value.
IT IS POSSIBLE TO RECOVER APPROPRIATE MEDICAL CARE
Regardless matter the sort of head injury, it’s critical to get medical attention right once. This will assist in determining the kind and degree of the damage and how your mild brain injury settlements will be affected later.
To assist people in dealing with the effects of a brain injury, hospitals with rehabilitative sections and outpatient therapy provide several therapies.
All of these medical fees, as well as future medical expenses, are recoverable. The amount of your concussion settlement will be determined by your attorney’s ability to assist you with your medical treatment plans.
As a result, you’ll need an experienced lawyer to collaborate with a certified expert to develop essential future medical care plans that pass the evidential test. This is intimately linked to the issue of how much a head injury claim is worth.
The National Institutes of Health (NIH) offers resources for brain damage patients that cover medical
care difficulties for more information on this subject. Warning In terms of early settlements,
In other circumstances, you may not realize the full degree of your injuries for weeks or even months after the event. This may have led you to assume you didn’t have a valid claim for damages. It may be too late, or your claim value has deteriorated for a variety of reasons by the time you realize it.
In the worst-case scenario, you could agree to a settlement before your TBI symptoms have completely manifested. The graphic above emphasizes this worry by emphasizing the fact that brain injuries are almost always permanent.
This is why, before taking a settlement, you should consult with a lawyer who will examine your case
for a brain injury. Factors that Influence Traumatic Brain Injury Settlements & Payouts
Several elements might influence the outcome and value of your injury claim. Many of these variables have an impact on average compensation for head injuries. The following is not a full list, but it does touch on a few of these issues.
DISPUTE OVER LIABILITY
The value of the settlement will be larger if the underlying cause of the car accident is apparent. If there is a disagreement over who is responsible, Defendant may not be willing to make a reasonable settlement offer.
When numerous people are accountable for an car accident, and each participant has a separate lawyer, it may be difficult to determine how much each Defendant should pay. When
defendants fight about who owes what, the aggrieved claimant is sometimes obliged to take the case to court to compel significant offers.
THE CLAIMANT’S CHARACTERISTICS
The claimant’s and Defendant’s ages, lines of work, likeability, and the claimant’s past medical history are all factors that may influence the amount of a traumatic brain injury settlement. If you have especially compelling anecdotes about how your brain damage has affected your life, you may be able to boost the amount of your concussion settlement.
STEPS TO THE COURTHOUSE
Insurance adjusters keep a tight eye on what may occur in their situations. Suppose it becomes evident that you will not settle until you get a substantial offer. In that case, the insurance company may be forced to put more money on the table to enhance your concussion car accident settlement amount. Insurance companies and adjusters will have different policies.
This is not a strategy to utilize while playing chicken since it may cost you any money. Your lawyer will spend a significant amount of money preparing the case for trial in the 90 days leading up to the trial. Your settlement covers those costs.
To put it another way, if you decide to play chicken and your lawyer spends $15,000 on trial preparation, but the offer does not rise enough to cover those extra costs, you may have lost money on the game of chicken and received less compensation for your brain injuries.
It would help if you discussed this with your lawyer long before trial to determine what you want to achieve and how your lawyer can help you get there.
DEFENDANT’S ACTIONS WERE EGREGIOUS.
Punitive damages may be used as a bargaining chip during the settlement process. You may have extra power to boost the amount of your mild TBI settlement if the Defendant was drinking and driving, for example, and this caused the collision. Personal injury claims are difficult to navigate for those who are not experienced car accident attorneys.
This aspect works against you, not for you, and may negatively influence the settlement of a minor traumatic brain injury claim.
Even if another driver’s fault caused the losses, you must take reasonable medical and other actions
to protect yourself from further injury and Loss.
If you do not fulfill this responsibility, the insurance company will lower the value of your head injury claim and the ultimate compensation.
In a brain injury lawsuit, what should you do to “minimise your damages”? There are too many options to mention. Determining that is very fact-specific, and you’ll need to meet with a lawyer one-on-one to map out a strategy that will defend you from the insurance argument.
THE DIFFERENT TYPES OF CONCUSSION INJURIES
Concussion injuries are classified into three levels or categories. The first is a grade 1 concussion, which has moderate symptoms that linger for a short time and usually does not result in Loss of consciousness.
The symptoms of a grade 2 concussion will continue longer than 15-20 minutes, and there will be no loss of consciousness.
Finally, grade 3 is the most severe and may result in Loss of consciousness for an extended time.
SETTLEMENTS AND CONCUSSION INJURIES
Concussion settlements from car accidents and typical compensation for head injuries are influenced by the kind of concussion damage you have. The amount of compensation you get for your concussion and the ultimate settlement of your brain injury case will determine the kind of concussion damage you suffer.
This is why, if you’ve been in an accident, you should get medical help immediately soon since you won’t be able to tell which grade of concussion damage you have on your own. You do not want to take a chance with your brain injury case or your ultimate mild brain injury settlement by not going to the doctor to save a few dollars.
TRAUMATIC BRAIN INJURY Q&A
IS MY TRAUMATIC BRAIN INJURY GOING TO BE WITH ME FOR THE REST OF MY LIFE?
Brain injuries come in a variety of shapes and sizes. Some of them may be permanent. It relies on your unique injuries, which you can show with comprehensive diagnostics and follow-up tests.
WHAT IS A TRAUMATIC BRAIN INJURY (TBI)?
A traumatic brain injury, often known as a TBI, is an injury to the brain that produces trauma or
damage. A mix of objective and subjective diagnostics is used to determine this.
WHAT IS THE TYPICAL SETTLEMENT AMOUNT FOR CONCUSSION INJURY CLAIMS?
This figure varies widely from person to person, but it often ranges between $20,000 and
$80,000. This figure may seem low, but it is because most car accident head injuries are small and occur from minor collisions.
HOW LONG WILL IT TAKE FOR MY TRAUMATIC BRAIN INJURY TO HEAL?
This varies depending on the severity of your injuries, your age, and various other health concerns. Still, for significant traumatic brain injuries, the typical recovery period is roughly two years.
IS IT POSSIBLE FOR SOMEONE TO DIE AS A RESULT OF THEIR TRAUMATIC BRAIN INJURY?
Yes, this kind of injury may be life-threatening, causing individuals to be disabled for the rest of their lives and even death.
WHAT ARE SOME OF THE MOST PREVALENT CAUSES OF TRAUMATIC BRAIN INJURY?
A traumatic brain injury may occur due to severe trauma, and car accidents are one of the most prevalent types of impact that can result in this amount of damage.
WILL I BE ABLE TO DRIVE IF I HAVE A TBI?
Yes, with the correct amount of treatment and rehabilitation, you should be able to drive again in no time. However, you should not drive until a doctor has cleared you since you might move from being a victim to a defendant if you cause a car accident while suffering from signs of a brain injury.
WILL A TBI INFLUENCE MY DAY-TO-DAY LIFE?
Yes, depending on the degree of your damage, a TBI may influence all or some elements of your everyday life. These activities are referred to as “ADLs” in your medical records, and head traumas have been shown to have a detrimental influence on ADLs.
IS IT TRUE THAT TBIS DETERIORATE WITH TIME?
Some TBI injuries might worsen over time, causing a person to acquire other health concerns. If intervention treatments are not used to address these injuries and symptoms, they may worsen.
IS IT POSSIBLE FOR A TBI TO PRODUCE PSYCHOLOGICAL ISSUES?
Yes, a TBI may lead to a slew of issues months, if not years, after the original accident, including psychological issues. This may entail difficulties with the neural system as well as psychological issues.
HOW TO INCREASE THE VALUE OF YOUR TRAUMATIC BRAIN INJURY CLAIM
Some claims need legal representation, while others do not.
Brain injuries, concussions, and mild traumatic brain injuries are all significant injuries. They are, however, usually unnoticed. The bump on your head will be visible in a photograph, but the connecting disturbances in your brain will not. These cases can be worth millions of dollars, but they need prolonged and concentrated development to reach their full settlement value.
This is why an car accident that results in moderate or significant head or brain damage is a good example of an event where you should get expert legal assistance from an attorney so that your mild brain injury settlements may go in your favor.
If you have been diagnosed with a concussion or a suspected brain injury by a medical practitioner, you are entitled to just compensation. A lawyer will battle to ensure that the other motorist who caused the accident takes responsibility for your medical bills, lost pay, and pain and suffering, all of which may be included in a settlement for mild traumatic brain injury and post-concussion syndrome.
This would include compensation for any expensive MRIs, CT scans, or other diagnostic treatments you’ve had to assist in determining the severity of your brain damage.
YOU HAVE OPTIONS, BUT YOU DON’T HAVE TIME TO CONSIDER THEM.
Knowing what procedures to take to file an injury claim in the minutes, hours, and days after a car accident may not always be evident, particularly if head or brain damage has been sustained. Some people may be unaware that filing a lawsuit is a possibility or that doing these measures would affect your head or brain damage lawsuit payouts.
Suppose you have suffered a head or brain injury. In that case, your injuries must be adequately recorded, supported by medical proof from practicing medical experts, and backed up by medical literature to emphasize the seriousness of your ailments.
It takes time to do all of this, and much of it is time-sensitive. Take action as soon as possible to defend your claim.
A LAWYER’S ROLE IN YOUR CONCUSSION, TBI, OR MTBI CLAIM
As with most car accident injuries, the cost to your personal, financial, and physical well- being may be high. Compensation may be given with the aid of an attorney to help with the financial burden that treatment, medical appointments, and a loss of income may impose on you and your family, not to mention the emotional expenses involved with the agony you’ve experienced.
LAWYERS FOR BRAIN AND HEAD INJURIES IN COLORADO SPRINGS
You will benefit from speaking with an Injury Advocates Group attorney since the call is free and comes with no strings attached.
We’ve helped many people get money so they can start rebuilding their lives after an car accident that resulted in head or brain damage. Thanks to our medical and legal expertise and active pursuit of justice, you may concentrate on your life while we handle the legal battle for you.
HOW TO FILE A PERSONAL INJURY CLAIM FOR A TRAUMATIC BRAIN INJURY IN PASCO COUNTY
The repercussions of a brain injury may be far-reaching and can result in lifelong disability, even though they are not visible. If you were wounded in a car accident and feel you may have suffered brain damage, save medical documents and keep a diary to chronicle the consequences of the injury on your everyday life.
You should also speak with a Colorado Springs brain injury lawyer about the possible carelessness that caused your injury, if a settlement may be made, and whether a personal injury lawsuit is the best choice. You may be eligible to recover monetary compensation for the expenses of treatment and medical appointments, as well as Loss of income, impaired quality of life, and pain and suffering, as with any other kind of personal injury.
MAKE AN APPOINTMENT WITH A COLORADO SPRINGS BRAIN INJURY ATTORNEY
Because so many brain injuries go misdiagnosed and untreated, traumatic brain injury has been dubbed the “silent pandemic” for years. Victims of trauma complained of memory loss, personality changes, and impaired mental capacities, which were dismissed as “litigation neurosis” or disregarded.
Because many physicians and lawyers failed to acknowledge that brain damage had occurred, people with acquired brain injury were often left with crippling disabilities that remained uncompensated. Fortunately, things have improved significantly in recent years.
Our Colorado Springs brain injury lawyers Warrior Car Accident Lawyers, recognize the seriousness of these injuries and will fight to defend your rights. Please get in touch with us at 719-881-8746 right away.