(150+)Of all the different types of injuries one can suffer in an accident, traumatic brain injuries are some of the most severe. A traumatic brain injury may impact your life for many months, and even years, to come. If someone else was at fault for your injury, you can hold them liable for paying damages through a personal injury claim. Navigating these claims is not easy, though. Below, our Greenville traumatic brain injury lawyer outlines the different types of injuries, the steps involved in filing a claim, and how to overcome the challenges you may face.
Different Types of Brain Injuries
Traumatic brain injuries (TBIs) widely vary in type and severity. Each has unique implications for accident victims. Traumatic brain injuries are caused by sudden, forceful impacts to the head and can result in serious cognitive and physical impairments.
Diffuse axonal injuries are particularly serious. These are caused by the rapid acceleration or deceleration of the head, which results in widespread damage to the nerve fibers within the brain.
Anoxic brain injuries are another type of TBI that occur when the brain does not receive a sufficient amount of oxygen.
Contusions are another type of TBI that bruises the tissues within the brain. These are often caused by direct blows to the head and can result in hemorrhaging. Concussions, another type of TBI, that many people think are minor injuries, are not always the case.
Concussions can result in memory loss, headaches, dizziness, depression, and difficulty concentrating. Repeated concussions can result in a loss of consciousness, changes in mental status that last more than five minutes, and anterograde amnesia.
It is important to recognize the different types of traumatic brain injuries so you can understand the full extent of your injury and pursue full compensation. In some cases, if there was a previous injury that was inflamed during the accident, then that could impact your claim.
Steps When Filing a Traumatic Brain Injury Claim
There are many steps involved in securing the compensation you deserve after a brain injury. These steps can help strengthen your claim so you obtain the fair settlement you deserve. The most important steps are as follows:
- Seek medical attention immediately: Obtaining medical treatment right away is of critical importance. This is the only way to fully document the nature and severity of your injuries. Thoroughly document all necessary medical treatments, as these will greatly influence the settlement offer you receive. Regardless of whether the injury is serious or relatively minor, make sure that you attend all treatments and document them. This will strengthen your claim and ensure your current and future medical needs are fully understood.
- Collect evidence: Evidence is crucial when proving your traumatic brain injury claim. Accident reports, medical records, pictures of the accident scene, and statements from eyewitnesses are all important types of evidence. Expert witnesses can also testify about the severity of your injuries and how they will impact you in the future.
- Contact a Greenville traumatic brain injury lawyer: You will face many challenges when recovering from a traumatic brain injury. Now is the time to focus on getting better, not filing a legal claim. A Greenville traumatic brain injury lawyer can help you collect the evidence you need, file the necessary paperwork with the court, negotiate a fair settlement on your behalf or, if necessary, provide legal representation in court. Overall, a lawyer will greatly reduce your stress and increase your chances of obtaining a fair outcome.
How to Prove Negligence in Personal Injury Cases
As in all personal injury cases, when filing a brain injury claim, you must prove someone else was negligent, or careless, and caused your injury. There are four elements you must prove when establishing negligence. These are as follows:
- Duty: The first element you must prove is that the defendant owed you a duty of care. Medical professionals have a duty to provide the best possible care to their patients, and all motorists have a duty of care to drive in a reasonable manner that keeps everyone safe. Due to the fact that everyone must act reasonably and try to avoid hurting other people, establishing a duty of care is relatively easy.
- Breach of duty: Proving that the liable party breached their duty of care is much more complicated than simply establishing that a duty existed. Proving a breach of duty essentially requires you to prove the negligent act that caused your TBI. Proving a breach of duty typically requires a full investigation and analysis of the evidence.
- Causation: A negligent act on its own is not enough to file a claim. You must also establish the direct link between the negligent act and the accident that caused your traumatic brain injury.
- Damages: Personal injury claims are meant to compensate you for any loss you sustained during the accident. You must prove the full extent of losses you suffered so you can receive the compensation needed for them.
Common Challenges Faced in Traumatic Brain Injury Cases
When filing a traumatic brain injury claim, you may face a number of challenges. You may experience uncertainty and confusion and have trouble collecting documents, all while you have to deal with the insurance company representing the liable party. The insurance company will use many strategies to downplay the serious nature of your injury and delay the process. They often do this to pressure injured individuals into accepting a settlement offer that is not enough to fully compensate them for their losses.
A Greenville traumatic brain injury lawyer knows what challenges are common in these claims.
Further, they know how to overcome them so you obtain the full settlement you are entitled to.
Our Traumatic Brain Injury Lawyer in Greenville Can Handle Your Claim
While you rest and recover from your serious injury, our Greenville traumatic brain injury lawyer can handle the legal details of your brain injury claim. At Elliott Frazier Family, Personal Injury, and Car Accident Attorneys, LLC, we are committed to helping accident victims obtain the full damages they deserve. Justice isn’t just a profession for us—it’s personal.
Contact us to schedule a consultation and to learn more.
