Need Help in Proving Negligence in Traumatic Brain Injury? Contact ODG Law for Legal Assistance

Suffering from a traumatic brain injury is a distressful experience, creating several impediments in life, particularly financial instability. In worse cases, the victim may become disabled, hindering him from getting back to work and earning a decent living for his family. 

If you or a loved one suffers from a traumatic brain injury due to another person’s negligence, you are eligible to recover losses and damages. Seek legal help from ODG Law’s traumatic brain injury lawyers to protect your rights and maximize your compensation. Call (818) 975-3080) and schedule a free case evaluation.

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What is Traumatic Brain Injury (TBI)?

A traumatic brain injury is a trauma to the brain that occurs due to outside forces. This external coercion or pressure includes an extreme jolt, knock, or bump to the head. TBI can range from minor to serious brain damage. 

What are the Major Types of Traumatic Brain Injury, Causes, and Symptoms?

Victims can suffer from different types of TBIs based on their cause with different symptoms. These are:

Closed Brain Injury. This injury occurs when there’s a non-piercing injury to the brain without cracking the skull. The head moves forward, backward, or sideways in rapid motion, shaking the brain vigorously. Such destructive movement may result in bruising, swelling, and tearing of blood vessels, and brain tissues. 

Although no objects penetrate the skull, minor injuries can lead to major injuries. Causes of closed brain injury include:

  • Vehicle accidents
  • Pedestrian accidents
  • Sports injuries
  • Slip and falls
  • Bike accidents

Symptoms of a closed brain injury are usually based on the victim’s injury and its severity. It includes:

  • Vision or hearing problems
  • Speech difficulty
  • Dizziness or lightheadedness
  • Headaches and migraines
  • Unconsciousness
  • Difficulty in movement
  • Seizures 
  • Scalp bruising, bleeding, or swelling
  • Blood or clear fluid draining from the ears or nose 
  • Confusion or memory problems
  • Fatigue

Penetrating brain injury. This brain injury results when a foreign object punctures the skull and injures the brain. Also known as open head injuries, it can also harm a small or large part of the brain. Causes of penetrating head injury include:

  • Gunshot wounds
  • Severe fall
  • Violence
  • Falling objects

When you suffer from penetrating brain injury, you may experience the following:

  • Weakness or numbness in fingers and toes
  • Inability to awaken from sleep
  • Loss of coordination
  • Persistent headache 
  • Convulsions or seizures
  • Slurred speech
  • Profound confusion
  • Dilation of one or both pupils of the eyes
  • Irritability or mood swings
  • Agitation other unusual behavior
  • Coma and other disorders of consciousness

How to Prove Negligence in a TBI

A brain injury is a complicated process and filing a claim could be difficult without the help of a skilled and experienced TBI attorney. There are four elements that you need to prove to make a legitimate claim. These are:

Duty of Care. It’s a legal concept stating that people have a duty to ensure that their actions or inactions, won’t cause harm or hurt other people in any way. In the workplace, employers must assure that the working environment is safe for workers and employees. Drivers, on the other hand, need to drive safely and obey traffic rules to prevent accidents and injuries.

Breach of Duty of Care. You must also prove that the defendant breached his or her duty of care. He becomes liable for your injuries for breaching his duty of care. 

Causation. When filing a claim, you need to prove that the defendant’s negligence actually caused your injuries and losses. It details how you acquired your injury.

Damages. It is the outcome of the defendant’s negligence. Because of the injury, you lost your past and future salary, pay for expensive medical treatment, and more.

What Types of Damages Can You Get in a TBI Claim?

As a victim who suffers from TBI, you may receive different types of damages. These include: 

Economic damages or Special Damages. This compensation intends to replace the victim’s financial losses. 

  • Medical costs (past and future)
  • Lost wages
  • Property damage
  • Costs associated with surgery
  • Funeral and burial expenses (in a wrongful death case)

Non-economic damages. This refers to losses that are not conclusively of economic nature and doesn’t come with a well-defined price tag. It can include less undeniable losses, including:

  • Mental anguish
  • Pain and suffering
  • Emotional distress
  • Loss of reputation
  • Loss of consortium
  • Loss of companionship and society

Punitive damages. The court awards punitive damages to the victim due to the defendant’s outrageous behavior. It penalizes the liable party and needs to pay the victim or plaintiff from his own pocket.  

Traumatic Brain Injury Lawyers: ODG Law is Always Here to Help

It’s difficult when you’re living with a TBI. Your initial concern is the financial aspect of your life. Because of your injury, you might not be able to work again and earn a living. 

ODG Law can help make you “whole” again because we will protect your rights. We will defend you from insurance companies that will surely challenge your claim. We’ll ensure that you’ll get the compensation that you deserve

Contact ODG Law today and book a free consultation. Our compassionate and experienced traumatic brain injury lawyer will be with you throughout the legal process. Dial 818) 975-3080 or send your queries to (818) 975-3080 and let’s start working on your case. We work on a contingency fee basis. 

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