There is still a great deal modern physicians do not understand about how the human brain functions. Unfortunately, even prompt medical care may not be enough to prevent permanent harm from a traumatic brain injury.
When you or your loved one suffer head trauma because someone around you was careless or reckless, you should discuss your legal options with an Erie traumatic brain injury lawyer as soon as possible. These cases are often complex and require extensive evidence, and guidance from a seasoned catastrophic injury attorney can help improve your chances of securing a positive result.
Establishing Negligence in a TBI Case
As with many other types of injuries, people commonly suffer traumatic brain injuries (TBIs) in automobile accidents, particularly those occurring at high speeds. TBIs can also stem from many other types of traumatic accidents, including trips and falls, impacts from falling objects, and collisions during athletic competitions. However, to file suit over traumatic brain damage, the accident must have happened due to someone else’s legally actionable “negligence.”
There are various situations where one person may owe a “duty of care” to another person. This duty requires them to act reasonably and responsibly under the circumstances to minimize the chances of anyone getting hurt. Someone who “breaches” this duty—for instance, by breaking a traffic law or failing to maintain a safe property—and directly causes someone else to sustain a brain injury as a result may be considered “negligent” and held financially liable.
Importantly, courts can assign TBI survivors a portion of “comparative fault” for their injury, which could lead to plaintiffs being denied some or all the compensation they might otherwise have received. A capable Erie traumatic brain injury attorney can be a vital ally in contesting allegations of comparative fault and proving someone else was to blame for the accident.
Recovering Fairly Within Filing Time Limits
Survivors of catastrophic injuries like TBIs often require long-term care and support, as well as adjustments to their daily routines. A comprehensive lawsuit or settlement demand over a traumatic brain injury can account for past and future economic and non-economic damages, including the following:
- All expenses for necessary medical care, including rehabilitative treatment and assistive equipment like wheelchairs
- Injury-related expenses like home modifications or costs of in-home assistance
- Lost working capacity or work earnings
- Physical pain and suffering
- Lost enjoyment of life
- Psychological trauma and distress
Even if the injury is expected to cause permanent disability, 42 Pennsylvania Consolidated Statutes § 5524 generally allows two years maximum after a TBI occurs for the impacted person to file suit. As a traumatic brain injury attorney in Erie can further explain, it is important to meet legal requirements within this deadline to ensure the best chance of getting full compensation.
Contact an Erie Traumatic Brain Injury Attorney for Help
Even mild TBIs can cause long-lasting harm and require fundamental changes to your or your loved one’s life. More severe brain trauma can lead to the permanent loss of sensory, cognitive, and motor function. Anyone whose misconduct causes an injury this severe should be held financially liable for the consequences.
Assistance from an Erie traumatic brain injury lawyer can make a huge difference in your ability to enforce your rights and protect your future. The legal team at Lowenthal & Abrams, Injury Attorneys is here to support you. Call today to schedule your free consultation.