The brain is very susceptible to suffering severe damage when it is subject to trauma or the forces of a crash or fall. A traumatic brain injury (TBI) can impair your cognitive abilities, inhibit your balance, sensory, and coordination permanently. Despite the use of the word “mild” in “mild traumatic brain injury” (mTBI), even this type of brain injury can have permanent repercussions. If you are suffering from this category of brain injury, you know these impairments from an mTBI are anything but “mild.”
If you suffered any type of brain injury due to another person’s negligence, you are likely experiencing many physical, personal, and financial losses. Pursuing financial compensation can help you rebuild your life after such an accident.
Before you get started on your claim, it is beneficial to consult a skilled catastrophic injury attorney with a successful track record of representing brain injured clients. It should come as no surprise that accident cases involving head injuries are complex, given that the brain is so complex and is our internal computer. TBIs are the most difficult injuries to fully prove, given how hard they are to identify, diagnose and treat. Capturing all of the losses our TBI clients suffer as a result of this complex injury is a challenge we have successfully overcome for many of our clients. At Ostroff Godshall Injury and Accident Lawyers, we will fight to establish the other party’s liability and obtain financial recovery on your behalf.
Founding Partner Jon Ostroff has successfully litigated thousands of accident cases, including those involving brain injuries, whether they are mild or severe. In one past case, our client struck the side of a truck while traveling on the highway at night. As a result of the accident, she suffered memory loss, complex facial fractures, and a brain injury.
Jon worked tirelessly to organize her medical team and recovered a $5.7 million award on her behalf. Consider talking to a Blue Bell traumatic brain injury lawyer about your case to improve your chances of recovering compensation.
Recovering Fair Compensation for a Severe Brain Injury
Even the most highly trained modern physicians do not completely understand how every part of the brain works. Accordingly, traumatic brain injuries are often difficult to diagnose and even more challenging to treat.
Injuries to different areas of the brain can have very different effects, ranging from minor symptoms like headaches and light sensitivity to life-altering medical issues like losses of sensation, motor function, balance and cognitive capacity. Because TBIs can have long-term or permanent effects, you should seek recovery for both past and future damages related to the accident. Compensation must include everything from immediate losses like emergency medical bills, as well as long-term economic and non-economic harm like:
- Pain and suffering
- Cognitive losses
- Loss of balance and coordination
- Lost past and future earnings, including lost business opportunities
- Costs of future rehabilitative care
- Loss of life’s pleasures
A skilled Blue Bell attorney who understands traumatic brain injury cases can value your losses and incorporate them into a comprehensive claim.
Establishing Liability While Avoiding Comparative Fault
Personal injury cases revolve around the concept of “negligence.” In your claim, you must produce evidence that proves someone else violated the duty of care they owed you, resulting in your accident. You must also establish that the accident directly caused your traumatic brain injury.
Civil plaintiffs can bear partial liability in an accident claim, which could negatively impact your financial recovery. 42 Pennsylvania Consolidated Statutes §7102 requires a jury to reduce an injured party’s compensation based on their percentage of fault for the accident. A lawyer well-versed in TBI claims will help you prove the other party is solely at fault so that you can recover the maximum compensation.
Contact a Blue Bell Traumatic Brain Injury Attorney Today
Traumatic brain injuries cause long-lasting damage. If you suspect another person or company caused the accident that led to your head trauma, talk to an attorney about your legal rights immediately.
Managing a civil case can be difficult, but you do not have to go it alone. Our Blue Bell traumatic brain injury lawyers at Ostroff Godshall Injury and Accident Lawyers can help. Contact us today to set up your free initial consultation.