Suffering a traumatic brain injury (TBI) is just that: traumatizing. Individuals can suffer TBI as a result of car accidents, slips and falls, concussions, violence, and any action that results in trauma to the head.
While some TBI is the consequence of unfortunate and unlucky circumstances, other instances have resulted from negligent behavior or activity.
If you or a loved one has suffered from a TBI as a result of someone else’s carelessness, recklessness, violence, or negligence, you could be entitled to reparations.
This article will provide an overview of TBI symptoms, common situations that lead to TBI, and how a skilled personal injury attorney can serve as an ally in these cases.
For a personal injury attorney in Albany, schedule a free consultation with Girvin & Ferlazzo today.
The Symptoms of TBI
One of the reasons that personal injury attorneys deal with TBI involves the life-changing effect of brain injuries. If you or a loved one suffers from TBI-related impairment, you know just how difficult it can be physically, emotionally, and financially.
Given the brain’s importance to all motor functions, those who have experienced a brain injury tend to have significant physical impairments. These include but are not limited to:
- Difficulty walking
- Trouble swallowing food
- Loss of control over body movement
- Dulled or lost sensation
- Severe nausea or vomiting
- Blurred vision
- Slurred speech
- Interrupted breathing
As a result of these physical symptoms, those who have suffered a brain injury might have difficulty maintaining a job, staying in school, and functioning at a high level for daily activities.
Rehabilitation and physical therapy is incredibly important, but it can be difficult to afford. If the brain injury you suffered was caused by someone else’s negligence, you deserve financial compensation for what they have put you through.
Contact a personal injury attorney in Albany today for a free consultation — it’s the first step to get the compensation to which you might be entitled.
Brain injuries also affect emotional behavior as well as physical. TBI can lead to:
- Suicidal ideation
Even if physical symptoms aren’t as severe, brain injuries can have a profound effect on neurological and emotional function. If you care for someone who deals with TBI, you know first-hand the emotional roller coaster that this type of injury can cause.
Finally, TBI affects cognition. It can be harder for those who have suffered a brain injury to:
- Form new memories
- Understand complex concepts
- Recognize common things
- Speak or understand language
It takes a medical professional to diagnose TBI, but it takes the knowledge of a personal injury attorney to fight for you if someone else’s negligence caused the TBI.
Negligent Behaviors That Result In TBI
Sometimes slips and falls just happen, but have you considered whether your accident was someone else’s fault due to negligence?
What is Negligence?
“Negligence” is a key concept in personal injury law and medical malpractice suits. It refers to the failure to take reasonable care to avoid causing injury or loss to another person. In other words, it is the failure to behave with the same level of care that an individual of ordinary prudence (another doctor, for instance) would have.
In a personal injury lawsuit, there are four elements of negligence that must be proven:
- Duty — the defendant must have owed a duty to the plaintiff (i.e. a property owner who had the duty to maintain the deck a plaintiff fell off of).
- Breach — a violation of the law or duty. The defendant must breach their duty to be liable of negligence (i.e. the property owner was mandated by the lease to maintain the deck, but failed to do so).
- Causation — this breach of duty must have caused injury, loss, or harm to the plaintiff (i.e. the poor maintenance of the deck caused the fall the plaintiff suffered).
- Damages — the plaintiff must suffer harm (i.e. the fall sustained caused injury, such as traumatic brain injury).
When it comes to TBI, the harm (as we outlined above in the form of symptoms) could be caused by a number of negligent actions.
The most common cases of negligence that result in TBI are usually:
- Car accidents:
- Drunk driver
- Distracted driver
- Unlicensed driver
- Driver using an uninsured and/or uninspected car
- Slip and fall accidents
- Construction fall accidents
- Battery and violence
If you or a loved one has been involved in any of these scenarios, or a similar one that caused TBI, consider speaking with a personal injury attorney as soon as possible.
Personal Injury Lawsuits
Because brain injuries can be so severe, they typically yield extremely high costs. Not only might the individual be no longer able to work, but they might also accrue unmanageable medical, emotional, and occupational therapy costs. The road to recovery isn’t easy, nor is it cheap.
If your injury was caused by someone else’s negligence, you shouldn’t have to pay for it any more than you already are. That’s where a personal injury attorney comes into play.
Your personal injury attorney can build your case, prove negligence, and win you the money you deserve to cover your injury-related care and loss of work.
At Girvin & Ferlazzo, our team of personal injury attorneys has recovered millions of dollars for our clients.
There’s no sense in going it alone, especially when it comes to a brain injury.
Request a free consultation today with Girvin & Ferlazzo in Albany.