What is a TBI?
Traumatic brain injuries (TBIs) can be catastrophic, causing long-lasting pain, misery, disability, and sometimes eventually resulting in death. Even the most minor of TBIs can still have life-altering effects. According to the Brain Trauma Foundation, they approximate that nearly 2.5 million people suffer a new traumatic brain injury every year.
If you have suffered a traumatic brain injury caused by a negligent party, you deserve the opportunity to pursue compensation. It is unsuitable for the injured individual to be on the hook for medical expenses, physical therapy costs, lost wages, and more. With a well-argued brain injury claim, you and your personal injury lawyer can seek damages that will help you recover without concern for the financial costs.
To discuss your case in more detail, we encourage you to contact our law firm for a free case evaluation with our legal team.
What Are the Symptoms of a Brain Injury?
TBI symptoms can vary depending on several factors, including the severity of the injury and where the injury impacted the brain. Some of these injury symptoms are difficult to ignore, but the symptoms of a milder TBI can be difficult to prove in court.
Symptoms of a ‘minor’ traumatic brain injury include:
- Behavior changes.
- Blurred vision.
- Dizziness and lightheadedness.
- Extreme fatigue and sleepiness. Alternatively, insomnia in some cases.
- A foul taste in the mouth.
- Headaches and migraines.
- Heightened confusion.
- Loss of consciousness lasting a few seconds to a few minutes.
- Memory problems.
- Mood swings.
- Nausea and vomiting.
- Sensitivity to bright lights and loud volume.
- Trouble concentrating and making decisions.
While these symptoms and the injury that caused them may be considered ‘minor,’ that does not mean that you should have to accept the cost of the injury on your life. Even if your injuries are mild, you still deserve justice for someone’s negligence in putting your life in danger.
A person with a moderate or severe brain injury may have the symptoms of a mild injury plus additional symptoms.
Symptoms of a more severe TBI may include:
- Constantly worsening headache.
- Easily confused.
- Enlargement of the pupil in one or both eyes.
- Heightened agitation and anger.
- Inability to wake from a deep sleep.
- Loss of consciousness lasting a few minutes to an hour or more.
- Loss of vision.
- Numbness in the arms or legs.
- Personality changes.
- Repeated vomiting.
- Slurred speech.
- Uncoordinated and impaired movement.
Contact our Raleigh-based law offices to schedule your free initial consultation today.
What Types of Traumatic Brain Injuries Potentially Qualify for Workers’ Compensation Benefits?
There are several types of traumatic brain injuries, and not all are easily proven in a court of injury law. To recover maximum compensation for your injuries, your TBI must usually be severe, physical, and of some permanent or lasting nature.
Severity is the most critical factor. If the brain injury does not prevent you from engaging in social activities or going to work, then there may not be sufficient losses for a lawsuit.
Medical experts may be called upon to explain that they believe the injury is permanent and will be with you indefinitely.
Proving the physical impact of a TBI can be difficult, though. Again, you may need to involve medical professionals to establish physical proof of a TBI. Your doctors and physicians may help you establish the brain injury’s existence via an MRI scan, CT scan, neuropsychological testing, and tests that evaluate a person’s cognitive behavioral functioning.
How to Prove That You Suffered a Traumatic Brain Injury?
You need several types of evidence to prove your traumatic brain injury claim.
First is simply proving that you indeed suffered a brain injury. This can be accomplished by seeing medical professionals, undergoing the necessary testing, and providing evidence of their findings. You must also establish the severity of your TBI. The seriousness of your injuries is the major deciding factor in how much the settlement for your TBI case may be worth.
If you will need future surgeries, rehabilitation specialists, modifications made to your home, assisted living facilities, or in-home care providers, this can help prove the dramatic impact of your TBI. If your TBI causes you to miss work for any extended period of time, your lawsuit should reflect that and help you recover lost future income.
And perhaps most importantly, you must prove that the TBI was caused by someone else’s negligence, recklessness, or malicious actions. If legal fault cannot be established, then there is no ‘liable’ party. Negligence is established by showing that a defendant owed a victim a certain duty of care and then breached that duty. This breach then directly caused the accident and the resulting injuries. And those injuries resulted in losses.
By examining the facts surrounding the case, including speaking with eyewitnesses and reviewing any possible police reports, you and your TBI accident lawyer can build a case that supports your claims.
Contact Our Law Firm to Schedule Your Free Consultation Today
A traumatic brain injury can have serious ramifications for the victim, including the potential of lifelong disabilities or even fatal consequences. You must seek medical attention immediately if you have been injured in an accident. After you have spoken with doctors, contact O’Malley Tunstall PLLC to discuss your case.
Our North Carolina law firm has years of experience representing clients with catastrophic injuries, including those with TBIs. Let us work on proving your case, negotiating with the insurance companies, and taking the case to court. You should be allowed time to recover and adapt to your injuries.
Please call our law office at (919) 277-0150 to schedule your free case review.