Head injuries can leave a victim with life-long traumatic effects. A blow to the head can potentially alter your life for your remaining years. You need a skilled personal injury attorney if your head injury happened in an accident. Contact an attorney if you have suffered from a head injury to learn more about how much your accident claim can be worth.
Head Injury Facts
Head injuries are serious. The impact of an accident that caused a head injury can have life-altering consequences. You deserve to be compensated after suffering from a head injury.
Any serious accident can cause a head injury. The party responsible for an accident must be held accountable and pay for your injuries, damages, and other losses. Common causes of head injuries include the following.
- Motor vehicle accidents
- Construction site and other workplace accidents
- Falls
- Bicycle accidents
- Motorcycle accidents
According to the Centers for Disease Control and Prevention (CDC), head injuries, including traumatic brain injuries, affect how the victim’s brain functions. Traumatic brain injuries are also a major cause of death among crash victims. The CDC reports that in 2021, nearly 70,000 people lost their lives because of TBI-related injuries nationwide.
According to statistics published by the CDC, the following facts are also true regarding serious head injuries.
- Older adults are more likely to be admitted to the hospital and die after a head injury.
- Many people who suffer from mild head injuries can heal quickly at home.
- Children who suffer from a Traumatic Brain Injury can have disrupted development and limit their school performance and ability to participate in after-school sports.
Types of Head Injuries
There are many various types of head injuries. Accident victims are vulnerable to suffering from one or more of the following types of head injuries, depending on how the accident happened. A head injury attorney can help you understand your legal options after suffering any of the following head injuries. Continue reading to learn more about common types of head injuries.
Traumatic Brain Injury
A traumatic brain injury (TBI) is a severe head injury that can cause permanent disability. A TBI typically happens after a significant blow to the victim’s head. Some symptoms of TBI include confusion, cognitive impairment, and sensory issues. Some victims need surgical intervention to treat their injuries.
Skull Fracture
A skull fracture is a break in one or more skull bones. The aftermath of skull fractures can leave the victim with a visible deformity. Many skull fracture victims need to have surgery to recover fully.
Contusion
A contusion is a bruise to the brain. Some symptoms of brain contusions include headache and vomiting, among others. Accident victims might need to stay in the hospital for an extended time to recover fully.
Concussion
A concussion is a common type of brain injury. A concussion can happen after a blow to the head or a strong jolt. Common symptoms of concussions include confusion, headache, dizziness, nausea, and sensitivity to light.
Coup-Contrecoup Injury
A coup-contrecoup injury is a brain injury that develops on the opposite side of the impact. So, if the victim is hit on the right side of their, then the left side of their head will show the injury. Treatment for this type of injury might be extensive and expensive.
Getting the financial compensation you deserve is an important part of the recovery process after a head injury. Speak to a personal injury attorney to learn more about your rights after an accident. You deserve help, and an experienced head injury attorney is here to help.
Factors That Affect The Value of Your Head Injury Claim
No two accidents are the same, so it is vital to have your attorney review the facts of your case to help estimate its final value. The following factors can help influence the final value of your case.
Severity of Injuries
The severity of your injuries influences the value of your case. Typically, the more serious your injury, the higher the monetary value of your case. For example, some head injuries require surgery to treat. After surgery, many victims spend at least some time in long-term rehabilitative care. The cost of the surgery and the estimated need and value of ongoing care are both factors that influence the overall worth of your head injury claim.
The Impact of The Injury On Your Daily Life
Will the injury leave you disabled? Some injuries are so severe that they leave the victim disabled and unable to return to work or life as normal post-accident. An experienced head injury attorney can help you know what a fair settlement will include based on the injury’s impact on your daily life.
State Law
State law might limit the final value of your head injury case. For example, punitive damages might increase the final dollar amount you receive after an accident, but these damages are not available in every state. If you suspect that you can receive punitive damages, speak to a personal injury attorney to discuss the availability of these damages in your state.
Liability and Fault
The liable party, or the party that caused the accident is said to be at fault and responsible for paying the other party’s damages. Because the assignment of fault is an important part of the case, insurance companies work hard to avoid accepting fault. An insurance company will investigate the cause of the accident, your previous medical records, and anything else that will help shift the blame to you. That is why it is crucial to have a legal team that will work to find the truly responsible party.
Lost Earnings
Injuries can leave you out of work. If your head injuries cause you to miss work and pay, you might be entitled to recover your lost earnings. Similarly, if you can return to work after the accident but cannot work at the same rate or in the same industry, you might be entitled to recover for lost earning capacity. Speak to an attorney to learn more about what you can recover regarding lost earnings and lost earning capacity.
Pain and Suffering
Head injury victims might be entitled to non-economic damages. Non-economic damages include losses that are not obvious, like pain and suffering. Pain and suffering damages include the emotional and mental trauma that comes along with suffering from a head injury. Speak to your personal injury attorney about the availability of pain and suffering and other non-economic damages.
Evidence and Documentation
The evidence you can provide after a head injury affects its final settlement value. An experienced attorney will have the resources you need to help prove your claim, like access to experts and accident reconstructionists, among other more difficult-to-obtain types of evidence.
Categories of Damages After a Head Injury
Types of damages for head injury cases typically fall into one of three categories. Head injury victims usually collect a combination of economic and non-economic damages. In some cases, punitive damages are available. Consult an experienced personal injury lawyer to learn more about your right to receive compensable and punitive damages.
Economic Damages
Economic damages are the physical losses that accident victims face because of their head injuries. While these losses are usually easy to identify, an attorney can help you understand your legal options for recovery after an accident. Common examples of economic damages include the following.
- Current and future medical expenses, including the cost of rehabilitation, physical therapy, and long-term care.
- Current and future lost earnings and lost earning capacity.
- Property damage.
- The cost of hiring helps to complete domestic labor.
Non-Economic Damages
Non-economic damages represent intangible losses that accident victims face. Head injury victims might face severe emotional and mental trauma. Accident victims might experience a loss of enjoyment of life or reduced quality of life. An attorney will help evaluate your claim and determine the extent of your non-economic losses.
Punitive Damages
Punitive damages are available in a limited number of cases. Punitive damages are not compensable, so they are not awarded to repay the victim. Rather, courts award punitive damages to plaintiffs to punish the defendant for outrageous behavior. The purpose of punitive damages is to deter similar behavior in the future. Speak to your attorney to learn about the availability of punitive damages in your case.
Working with a personal injury lawyer after a head injury is the best way to get the full and fair financial compensation that you deserve after an accident. Contact a personal injury lawyer immediately if you have suffered a head injury in an accident.
What Do Head Injury Attorneys Do?
The short answer is that head injury attorneys protect their client’s legal rights after an accident. Here are some common ways that head injury attorneys help their clients.
Evaluate The Case
Your personal injury lawyer will help evaluate the facts of your case. After a review of the accident, your personal injury lawyer can give you a general estimate of the value of your case, along with an assessment of your damages.
Manage Case Logistics
Attorneys handle all the administrative tasks during the pendency of a head injury case. These tasks can be burdensome, especially when the victim is suffering from a brain injury. Having an attorney working for you alleviates the burden of administrative tasks like filing documents, meeting deadlines, and managing communications with insurance companies, opposing counsel, and the court.
Provide Legal Advice
An attorney will offer ongoing legal advice throughout the life of your claim. Attorneys help clients understand their right to financial compensation after a head injury and their options at each stage of their case.
Represent Clients In Court
Head injury attorneys advocate for their client’s rights in court. If your case goes to trial, your attorney will make persuasive legal arguments in court to help support your case.
Consult Medical Experts
Head injury cases can get complex. Proving your injuries might require the help of an expert witness. Attorneys typically have the resources required to hire experts. They will communicate with the expert on your behalf.
Calculate Damages
An experienced head injury accident attorney will sift through the facts of your case to ensure that you get full and fair compensation after an accident. Some accident victims are unaware of the full extent of their losses after an accident, so reviewing your case with an attorney is a good case strategy.
Gather Evidence
A lawyer will gather evidence that will help support your claim. Some evidence can be challenging for victims to gather on their own. Examples of evidence that can help bolster your head injury claim include the following.
- Medical records
- Expert testimony
- Traffic camera footage
- Witness statements
- Notes from mental health professionals
Negotiate With Insurance Companies
Settlement negotiations are a major part of a head injury claim. Dealing with insurance companies and adjusters can be intimidating. Working with an attorney reduces the stress of dealing with insurance companies. Your attorney will help protect you from underhanded insurance tactics used to avoid making a payment to you.
File a Lawsuit
If your case is not resolved during settlement negotiations, your attorney might file a lawsuit in civil court on your behalf. Filing a lawsuit comes with complex procedural rules that must be followed. Failure to comply with each procedural rule can mean dismissal of your claim.
Help Determine Liability
Determining liability is an essential part of winning a head injury case. The party liable for causing the injury is responsible for paying for your losses. Insurance companies will work hard to avoid accepting liability. An attorney will investigate the cause of your accident to ensure that you get the financial recovery you deserve.
Contact a Head Injury Attorney Today
Crashes that end in head injuries can have you enter a complex legal process to recover after an accident fully. You deserve legal assistance that will help you get the compensation you deserve after a crash. If you or a loved one has suffered from a head injury, contact an experienced head injury accident attorney today.