Without question, brain injuries are the most devastating and traumatic
occurrences that a person can experience. Regardless of the type of accident
that causes a brain injury, it will completely and fundamentally transform
your life in unimaginable ways. Additionally, brain injuries will shoulder
you with exorbitant medical bills, a long road to rehabilitation and pain
and suffering. Most of people who have suffered brain injuries have similar
questions surrounding their injuries and legal rights, and we have listed
some of the most common questions that victims of brain injuries ask.
However, if you have concerns that are not addressed in the FAQ's
below, contact us immediately. We have lawyers available to answer your
questions, and we are able to help you get a head start in your recovery process.
What constitutes a brain injury, and what is the frequency at which brain
Generally speaking, brain injuries occur due to trauma to the head area
caused by an external force. Although the external force does not necessarily
have to pierce the skull to cause brain damage, when it does, the damage
to the brain is likely to be more severe. A traumatic brain injury has
the capacity to cause temporary loss of brain function, or it can cause
the permanent loss of brain cells, as well as bleeding, tissue damage,
bruising and even death.
What are the causes of brain injuries?
While it is possible for brain injuries to occur in multitudinous ways,
here are the five most common causes of brain injuries, according to The
Centers for Disease Control and Prevention (CDC):
- Falls — 40 percent
- Other/Miscellaneous —19 percent
- Struck by an object — 16 percent
Motor vehicle accident — 14 percent
- Assaults — 11 percent
What are the most common symptoms of brain injuries that manifest after
There are a multiplicity of signs and symptoms associated with brain injuries,
making it difficult to provide a comprehensive list; however, below you
will find the most common symptoms:
- Difficulty sleeping
- Temporary loss of consciousness
- Mood changes
- Blurred Vision
- Difficulty Concentrating
- Sensitivity to light and sound
What are the treatments for brain injuries?
Regardless of the type of brain injury that you sustain, you should seek
immediate medical attention from emergency personnel. It will be necessary
for doctors to determine whether or not you have sustained a brain injury,
as well determine the extent of the injury. They will need to check and
monitor blood and oxygen, as well as the condition of other bodily functions.
And, in the case in which you have sustained a brain injury, you will
be referred to a specialist for treatment.
Does my case have merit for pursuing compensation for my brain injury that
was caused by the negligence of another person?
The simple answer is, yes. In the case in which someone acted negligently
and it led to your brain injury, then it is likely that you have a case
against them. The key is that they acted in a wrong or negligent manner,
and that their behavior directly led to your injury. However, in the case
in which your actions are more to blame for the accident than the other
person, your contributory negligence in the situation could bar you from
What are the laws that help people who have suffered brain injury sustained
in an accident?
It is most likely that the laws that are designed to cover the manner in
which you sustained your injury will fall under the category of negligence.
Cases that fall under the "negligence" laws of the state are
those in which the defendant did not take reasonable action to ensure
that the accident did not occur, or they acted in a manner that would
be considered unreasonable.
How much financial compensation can I expect to recover from the brain
injury that I have sustained due to the negligence of someone else?
In the case in which you sustain a brain injury due to the negligence of
another person, there may be various types of compensation that you qualify
for. There are three general categories, which include pain and suffering,
lost wages and employment, as well as medical expenses. A defendant that
is found to be responsible for your injuries owes you for any lost wages,
past, present and future, that occurred as a result of your injuries.
They must also pay for all of your medical expenses, such medications,
emergency room treatment, and surgeries. Finally, a successful lawsuit
will also recover compensation for pain and suffering in addition to other
intangible injuries suffered as a result of your brain trauma.
What are the time limits that govern when I must file a lawsuit against
the party that is responsible for my brain injuries?
Bodily harm injuries have a time limit of two years from the date that
the accident occurred to file a claim or lawsuit. However, the clock does
not start until the injury has been diagnosed. In the case of a medical
malpractice suit, there is a four-year deadline that is non-negotiable,
meaning that you cannot file a lawsuit after four years, regardless of
when you discovered that you had sustained the injury.
How can The Doan Law Firm help me in the process of pursuing compensation
for my brain injury?
Immediately after an accident in which there is a significant injury, the
victim will become overwhelmed with a number of concerns, including financial
worries, personal concerns, medical issues and more. These concerns are
why it is not recommended that you add your legal troubles into the equation.
Instead, allow a qualified and experienced attorney from our office to
represent you by handling your lawsuit from the onset of the recovery
or lawsuit process.
The Doan Law Firm has experience in handling brain injury cases and we pledge to fight hard
to get you every dime that you deserve.
If you have sustained a brain injury due to the negligence of someone else,
contact us now for your free consultation.