Our brain controls everything we are, our memories, our personalities, how we express ourselves, our ability to learn, our vision and hearing, how we think, and how we move. And a myriad other daily functions that make us who we are. When someone suffers from a brain injury, these functions can be altered or lost forever.
A brain injury is a terrifying experience for the victim and their loved ones. A traumatic brain injury (TBI) can lead to cognitive and even mobility problems.
If TBI is caused because of someone’s negligence, then the patient might be eligible for compensation. Although money cannot always restore our health, it can create a more comfortable environment so the patient can receive any care they might need for a better lifestyle quality.
What Can Cause Brain Injury
Some of the many causes of brain injuries include:
- Falls – this cause is most common in elderly
- Motor accidents – this cause is most common in young adults.
- Sports injuries
- Random objects striking the head
- Abuse (child abuse, adult abusive relationships)
- Hit by a weapon (knife, bats, hammers, etc.)
- Birth injuries
- Medical negligence
Some of these causes are the result of negligence and the involvement of a third party. For example, motor accidents, sports injuries, abuse, explosions, gun wounds, birth injuries, and medical negligence can be attributed to a liable third party. In which case, the victim can seek compensation.
In some cases, the damages are malicious and direct, while in other instances, the damages were accidental or indirect.
TorkLaw attorneys combine years of experience fighting for people who have suffered from traumatic brain injuries and can help you or a loved one receive compensation for economic and non-economic damages. If you need a Washington DC brain injury attorney, contact us.
Some Common Symptoms of Brain Injury
Brain injury symptoms are not always obvious. The symptoms depend on the severity of the damage. Milder brain injury symptoms include:
- Short-lived loss of consciousness (not everyone with a brain injury will experience loss of consciousness)
- Weird smell
- Lack of taste
- Blurred vision
- Lethargy and fatigue
- Mood changes
- Memory loss
- Difficulty processing thoughts and concentrating
In more extreme cases of brain injury, the victim might experience:
- Persistent headaches
- Serious nausea and vomiting
- Inability to gain consciousness
- Larger than normal pupils
- Slurred speech
- Loss of memory
- Inability to feel the extremities (legs, fingers, toes, arms, etc.)
- Lack of coordination
The above lists of symptoms are very intimidating and scary to read. It is easy to see how a brain injury can disrupt and interfere with a person’s daily activities and quality of life. Many people can lose relationships, employment, and even their independence.
General Statistics for Brain Injuries in the United States
According to a CDC report, traumatic brain injury is a leading cause of death and disability in the United States.
- Annually 1.5 million Americans get a brain injury
- Annually 230000 Americans receive hospital care/stay and survive or recover
- Annually 50000 Americans die from brain injuries
- Annually 90000 approximately end up experiencing long-term disability caused by a brain injury
Currently, in the United States, 5.3 million people live with a brain injury that is considered permanent, which results in 5.3 million Americans being disabled due to brain injuries.
- If you are a male, you are twice as likely to suffer from a brain injury
- Motor accidents are the leading cause of brain injury that requires hospitalization
- Fatalities from brain injuries are usually caused by violence/abuse, guns, and falls (elderly)
Medical Malpractice Brain Injury
If you have suffered from a medical malpractice induced brain injury, TorkLaw can help you seek compensation to cover your expenses.
Here are some examples of medical malpractice resulting in brain injury:
- Failure to diagnose an oncoming stroke or a heart attack
- Surgical errors leading to excessive bleeding, resulting in dropped oxygen levels
- Failure to correctly intubate a patient during surgery
- Anesthesia errors and failure to properly care for a patient under anesthesia
- Failure to diagnose and treat brain bleeds and aneurysm
- Failure to prescribe the right medication
- Failure to prescribe the correct medication dosage
- Failure to diagnose and treat pulmonary embolism
- Failure to correctly use vacuum extractor/forceps during labor
For a patient dealing with medical negligence, it is a very emotional time. We expect doctors to help us heal, and when a patient has a negative experience with a medical professional, it can lead to chronic stress and trust issues. The TrokLaw medical malpractice team will collect all the evidence and study your case to determine the maximum amount of compensation we can secure to help you pay for your expenses and other costs.
How is Brain Injury Compensation Calculated?
To claim the maximum compensation for a client, we look at various factors, such as medical costs, current wages, and future lost wages. While some expenses are straight-forward and obvious, other costs are hidden and not so easy to calculate.
Having the right team by your side will ensure that you claim compensation for the non-economic damages, including pain and suffering, loss of relationships, mental trauma, and other damages that are not necessarily visible or easy to place a value on. Generally, non-economic damages cannot exceed your economic damages by more than 10x.
How to Maximize the Damages Compensation
The amount you can receive for a brain injury highly depends on its severity. However, there are specific steps you can take to maximize your compensation. Choosing to work with an experienced legal team can help you put together a case that results in higher compensation.
An experienced legal team will ensure that you consult with competent doctors who can testify if needed to support your case. In many cases, attorneys can utilize the help of a life planner who can also testify and support your case for any possible long-term care you might need. Additionally, financial, medical experts can support any claims regarding lost wages.
Our expert attorneys at TorkLaw are ready to help you.