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Brain injuries are not just your typical run of the mill injuries. They can be devastating to the victim’s family and friends, as well as life-changing for the injured person. The brain is an intricate organ that controls all bodily functions and sends information throughout the body via neurons. Brain injury can result in death or disability, depending on the location in the brain where the injury occurs, and its severity.
If you or a loved one has suffered a brain injury, contact the Federal Way brain injury attorneys at our firm to discuss your options at (206) 312-0954 or fill out our online contact form.
How Serious Are Brain Injuries?
Brain injuries can range from mild to severe. A concussion, one of the most common types of brain injuries, is caused by a mild head trauma that may cause temporary loss of consciousness, confusion, and memory problems. More serious brain injuries can lead to permanent disability or death.
Some common causes of brain injuries include the following:
- Motor vehicle accidents
- Sports injuries
Collected data from 2014 shows that traumatic brain injuries caused nearly 3 million hospitalizations and deaths. Approximately 3 out of 4 brain injuries are concussions, considered a mild TBI. Other TBIs are moderate to severe. Moderate TBIs may involve lengthy loss of consciousness and confusion while severe TBIs cause significant impairment, disability, and death.
What Are the Most Common Brain Injuries?
The most common types of brain injuries are concussions and traumatic brain injuries (TBI). A concussion is a mild form of TBI that causes temporary loss of consciousness, confusion, and memory problems. It can result from a direct impact on the head or from violent shaking of the head.
Symptoms of a Brain Injury
After a car accident, most people either accept transport to a hospital or see a medical professional as soon as possible after the impact. But for some falls or sports injuries, many victims avoid or postpone seeking a medical evaluation. A complete assessment is not only critical for your health, but it’s also necessary for a later claim.
Symptoms of mild brain injury include the following:
- Ringing in the ears
- Blurred vision
- Impaired memory
- Changes in behavior
For moderate to severe brain injuries symptoms may also include:
- Loss of consciousness
- Nausea and vomiting
- Cognitive problems
- Slurred speech
If you or a loved one experience any of these symptoms after a head injury it’s essential to see a doctor or go to an emergency room as soon as possible for an assessment.
How is a Brain Injury Diagnosed?
After any accident with a significant impact to the head, the accident victim should seek immediate medical attention either through direct transport to a hospital by the first responders at the scene or by going to an ER, medical clinic, or a doctor’s appointment as soon as possible for a thorough medical exam. A doctor will perform a neurological exam to assess the following:
- Eye movement
- Motor function
- Cognitive function
- Sensory function
Doctors use this initial assessment to determine if the victim requires imaging tests. A CT scan or MRI can help doctors determine if there is a brain injury and the type and severity of the injury.
Fast medical assessment, diagnosis, and treatment are critical for stabilizing brain injury patients to prevent further harm. It’s also important to undergo a complete assessment with thorough notes about every injury, as well as necessary treatments and related expenses. Records from your medical professional are essential for making a claim for compensation later.
Why You Should Hire a Federal Way Brain Injury Lawyer
Many people believe they can handle civil lawsuits on their own and are determined to do this because they’re worried about the cost of hiring an attorney. However, handling these cases without the help of a lawyer can be difficult and can end up costing you significant time and money down the road if you don’t know what you’re doing.
A skilled Federal Way brain injury attorney will investigate the accident and determine who was at fault and can prove liability for your injuries so that you are compensated fairly. A great personal injury lawyer will be able to determine how much compensation you are entitled to based on your situation.
Succeeding in a Brain Injury Case
If you or a loved one has suffered from a brain injury due to someone else’s negligence, you may be able to file a civil lawsuit and recover compensation. To be successful, you generally need to show that the other party was negligent.
Negligence is the failure to use reasonable care, and that failure can cause injury to another. To prove negligence, you must show:
- The defendant owed a duty of care to the plaintiff
- The defendant breached that duty of care
- The plaintiff was injured
- The injuries were a result of the defendant’s breach of duty
Understanding Duty of Care
In legal terms, the duty of care refers to a person’s obligation to act in a reasonable, responsible way in order to not endanger others. Each driver on the road owes other drivers on the road the duty of care to drive responsibly, follow road rules, and use appropriate watchfulness, caution, and attention. When an accident occurs as the result of one driver not acting in the way we’d expect from a reasonable person in the same circumstances it shows they breached their duty of care to others on the road.
In another example, a store manager holds the duty of care to keep customers safe from wet floors, precarious shelving, and other hazards. If a store manager or an employee working for the manager doesn’t take care of a leak or neglects to place a “Wet Floor” sign after mopping, they’ve breached their duty of care to keep their customers safe.
Proving Your TBI
If you or a loved one experienced a head injury, there are some specific things you can do to help support your claim and recover the compensation you deserve. The at-fault party’s insurance company requires proof showing how you or your family member received the injury. Some examples of important documents you’ll need to prove how your injury occurred include:
- Police report if you had a car accident
- Accident or incident report for work-related accidents or slip-and-fall accidents
- Visual evidence such as photos of the accident site and photos of the injuries
- Eye-witness statements
- Medical records, doctor’s reports, doctor’s recommendation for future medical care such as surgeries and rehabilitative services, medical bills, estimated future medical expenses
- Pay stubs or W2 forms to show typical earnings to prove financial loss
An experienced attorney can help you with evidence-gathering for your case so your claim includes everything needed for the most favorable outcome.
What Kinds of Damages Can I Recover For a TBI Injury?
If you suffered a brain injury, you may be able to recover the following compensation:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium (companionship)
- Permanent disability or death
Contact Caffee Accident & Injury Lawyers Today
If you or a close family member have fallen victim to a TBI, contact our Federal Way brain injury lawyers for a free consultation. With close to two decades of experience, all of our lawyers are able to assist with your brain injury case.