Recovering Compensation for Traumatic Brain Injuries

Hiring a Traumatic Brain Injury Lawyer

Brain injury lawyers specialize in representing the victims of traumatic brain injuries. Many brain injury legal actions involve complexities that brain injury lawyers are best equipped to handle. A brain injury attorney can help determine whether a brain injury victim or the family of a deceased brain injury victim may bring a personal injury claim for damages.

How a Brain Injury Occurs

A brain injury may occur when the brain forcefully strikes the inside of a person’s skull. Consequently, the movement of the brain within the skull, a fracture to the skull, or bleeding around or in the brain may cause injury to the brain.

Common Causes of Traumatic Brain Injury

The most common causes of brain injury reported by the Centers for Disease Control and Prevention include the following: 28 percent from falls, 20 percent from car accidents, 19 percent occur from impact with a moving object, and 11 percent result from assaults. Most traumatic brain injuries are mild and may only cause a concussion. Brain injuries sustained in car accidents, however, are often more severe and require hospitalization.

Symptoms of Traumatic Brain Injury

A brain injury can affect a person’s ability to function normally. The capacity to control one’s movement, communicate with others, or even process information may become substantially impaired. Commonly, symptoms remain dormant and will appear without warning weeks after the occurrence of the injury. Mild brain injury symptoms may include a headache, dizziness, memory lapse, and unconsciousness. A more moderate to serious traumatic brain injury may result in seizures, confusion, a constant headache, and inept coordination.

Workers’ Compensation Benefits for a Traumatic Brain Injury

A work-related traumatic brain injury may create the basis for a workers’ compensation claim. Although it is unnecessary to hire a lawyer when filing for workers’ compensation benefits, a brain injury lawyer can help ensure the receipt of all appropriate medical and monetary benefits.

Worker’s compensation is a state statutory remedy that allows a person injured in the workplace to recover benefits for their injury without offering proof of fault. Therefore, the fault of either the employer or the employee is irrelevant. Receiving workers’ compensation benefits, though, does prohibit an employee from bringing a legal claim against the employer. In California, six benefits are available: medical care, temporary disability, supplemental job displacement benefits, permanent disability, vocational rehabilitation, and death benefits.

Filing a Brain Injury Wrongful Death Claim

If the cause of a loved one’s death was a traumatic brain injury, a wrongful death legal action may be available against the responsible party. Each state defines the parties who can bring a wrongful death claim, but in general, a personal representative of the decedent’s estate may bring a claim on behalf of a spouse, children, and sometimes parents of the decedent. Punitive damages are normally unrecoverable, but a damage award may include compensation for loss of support, loss of consortium and loss of anticipated earnings.

If you would like to learn about whether you have a spinal cord injury legal claim or if you have questions regarding your legal rights, please contact us.

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