Pursuing Proper Legal Claims for TBI Victims

man with head injury

The human brain is both complex and fragile. It’s responsible for all our faculties, and if it incurs an injury, it can alter a person’s life. Traumatic Brain Injury (TBI) is one of those life-altering injuries. Most TBI-related cases are related to motor vehicle accidents. In the US, road crashes are the second leading cause of TBI-related hospital admissions.

Since TBI can alter a person’s future, you can seek legal compensation if you or your loved one sustained the injury because of another individual or party’s negligence. Lawful claims for TBI cases are a bit complicated, but with the help of legal counsel, your claim can be successful. Here are some tips on how to pursue a proper legal claim:

TBI Overview

Traumatic brain injury occurs when the brain shakes after a sudden blow to the head. The strong impact causes blood vessels and tissues to rupture, which may lead to internal bleeding or hemorrhaging. The victim immediately loses consciousness and may fall into a coma. In some instances, the patient may complain of nausea and loss of sight before falling unconscious. Immediate medical intervention is necessary to prevent further injuries to the brain. Neurological specialists can make the assessment and perform needed procedures once the patient is admitted.

Effects of TBI

TBI is often called the “invisible injury” as its effects won’t manifest immediately. These may include physical paralysis (partial and full), sensory difficulties (sight, sound, taste, and smell), impaired communication (speech and oral faculties), behavioral problems (social interaction), and memory loss. These effects may be temporary through the help of therapy, or these could be permanent depending on the severity of the brain’s injuries. Brain injury lawyers from cities like Los Angeles suggest that these symptoms are enough for the victims and their families to file legal claims for these cases.

Medical Evaluation

man looking at head xray resultsProper medical evaluation is essential when filing TBI-related claims. The court or insurance companies will need proof of the patient’s condition. A doctor or physician needs to evaluate the patient, and their findings may affect the amount of compensation. Factors affecting claim include the ability of the patient to resume work, the capacity to live independently, the cost of post-hospitalization care and therapy, and the right to receive financial assistance.

Legal Options for TBI Patients

There are many legal avenues for TBI victims to explore, especially if they sustained their injuries due to a motor vehicle owner’s negligence. These forms of accidents are preventable, but victims often receive less compensation than they deserve. An attorney can file a case or petition on the victim’s behalf to receive the proper benefits. The legal counsel can also compel the insurance company to release the agreed compensation to the victim and their family. The at-fault motorist may also face a lawsuit and pay damages under federal and state laws.

The loss of one’s faculties is life-altering. Legal remedies are available for TBI victims, and no victim or family deserves to suffer more. A good lawyer can present the best options to help them in their times of dire need.

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