Regardless of the cause, a head injury can devastate your life. If you or a loved one suffers a head injury, such as a traumatic brain injury (TBI), you may be worried about how you’ll cover your medical bills and regular expenses.
When another party causes the injury, you may be eligible to file a personal injury lawsuit against the liable party to compensate you for medical bills, pain and suffering, lost earnings, and more. Learn about head injury claims below, and speak to a personal injury attorney to determine what your case might be worth.
What Causes Head Injuries?
Many types of accidents often cause severe head injuries. The most common accidents are:
- Auto accidents
- Tractor-trailer accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Bicycle accidents
- Domestic violence incidents
You should always consult a head injury lawyer if you have a brain injury caused by someone’s negligence or wrongful act. Brain injury claims are complex, and case values are often high. Obtaining maximum compensation in a head injury claim requires an attorney’s experience and guidance.
What Are The Types Of Head Injuries?
A head injury can be minor, moderate, or severe. However, all head injuries are potentially serious, so always obtain immediate medical assistance to ensure your health.
Skull Fracture
This is a severe injury that happens when the skull cracks or breaks because of a major impact. The impact may be from your head hitting the pavement, a vehicle, or the windshield. It also may be caused by being struck by an object, such as a rock or bat. The skull fracture can lead to a brain bruise, brain bleed, and possibly substantial brain damage.
Concussions
Concussions are a type of minor TBI that is produced by a sudden blow or jolt to the head. A concussion can result just by the head snapping back and forth in an auto accident; the brain may slam into the front and back of the skull interior.
Even a ‘minor concussion’ should be taken seriously because the injury can lead to severe outcomes. Get immediate medical attention if you suspect a concussion after the accident. Look for symptoms such as dizziness, memory loss, loss of consciousness, and lack of balance.
Traumatic Brain Injury
A traumatic brain injury is a more severe head injury that usually stems from a severe blow to the head, such as a fall or auto accident. The effects of a TBI can range from minor to severe. You can have cognitive, emotional, and physical issues. You also can have unconsciousness, permanent behavioral changes, loss of memory, coma, and even death.
Rehabilitation is often essential to regain any functions you have lost. The long-term prognosis of a TBI may vary widely. Get quick medical attention if you think you or a loved one has suffered a traumatic brain injury because a fast response can be life-saving.
Hematoma
A hematoma is a collection of blood that grows outside blood vessels. It is a potentially fatal complication of a brain injury because the pooling blood creates pressure on the brain, which can cause permanent and sometimes deadly damage.
There are two types of hematomas. A subdural hematoma happens between the brain and the outer covering. An epidural hematoma happens between the skull and the brain’s outer covering.
Both brain bleeds can increase pressure on the brain, and you can have symptoms such as a severe headache, weakness on one side of the body, confusion, and loss of consciousness.
What Is A Head Injury Claim Worth?
It’s impossible to give an average settlement for a head injury. Head trauma and brain injuries are notoriously complex and difficult to predict. What one injury does to one person may be different in another. However, a brain injury lawyer can review your case details and offer an approximate case range based on their experience.
Additionally, it can be said that the value of a head injury claim varies based on the following factors:
The Severity Of The Head Injury
Head injuries can range from minor or serious concussions to severe brain injuries. Someone with a severe brain injury may require life-long care and support, which will cost millions of dollars. However, you may fully recover if your injury is less severe, so the case value is less.
The Costs Of Current And Future Medical Care
Three months of rehabilitation and in-home care will cost much less than years of round-the-clock medical care. Severe injuries to the brain may mean a permanent disability.
Ability To Earn A Living
The value of the head injury claim depends on whether you can continue to work and how much work time is lost. Losing a month of work for a minor concussion is different from being permanently out of work. People who suffer permanent disabilities from a head injury are entitled to fair compensation for their lost earning ability.
The case value also depends on the person’s age, income, education, experience, and years of working life left.
Life Effects
Unfortunately, a serious head injury will have a major impact on your quality of life. Can you still play with your children, enjoy hobbies and work, and do things we usually take for granted? The more severe the effects on your life, the higher the case value.
Pain And Suffering
Head injuries and subsequent treatments and recovery can be excruciating. The suffering, both physical and mental, can have substantial monetary value. Your personal injury attorney will consult with your medical team to thoroughly document your degree of pain and suffering.
Settlement Or Trial
Most insurance companies settle brain injury claims out of court. This has advantages for both sides:
- You will know the compensation amount and when to expect it, allowing you to make financial plans for the plaintiff. You also will get your much-needed funds faster than going through a long trial, and your case expenses will be lower. You receive faster results and greater peace of mind.
- For the defendant, they know what they will pay, which may be less than the full case value. The case resolves sooner, and you avoid higher legal expenses.
You can receive less in a settlement, but remember, you know how much you get, and it is quicker than a trial.
The value of your claim or lawsuit for a head injury is highly dependent on these variables. Relative minor injuries can be worth a few thousand dollars, while severe, life-changing claims can be worth millions. However, you must consult an experienced brain injury lawyer and provide complete case information to get a potential range of the claim’s value.
How A Personal Injury Attorney Can Help With Your Head Injury Case
Before you receive compensation for your head injury, you must prove that the defendant caused the accident and injury. An experienced head injury attorney will collect vital evidence to prove that the defendant caused the accident that injured you. To receive compensation, you must prove these elements of negligence to the insurance company or in court:
- The defendant owed you a duty of care. For example, an SUV driver owes you a duty of care to stop at a crosswalk if you have the right of way.
- The defendant violated their duty of care when they, for example, didn’t yield and hit you in a crosswalk.
- The breach of duty caused your head to hit the ground, which led to a severe brain injury.
- You suffered damages because of the injury, including $350,000 in medical bills and lost earnings.
Proving these elements requires your attorney to rely on detailed evidence and testimony. Proving negligence in brain injury claims is difficult, but a skilled attorney can do it with evidence such as:
- Accident scene evidence, such as tire marks, crash scene damage, vehicle damage, etc.
- Eyewitness testimony about the accident and who caused it.
- Medical professional's testimony about your injuries and how they happened.
- Employment specialists and economists will testify about your ability to work and potential lost income.
- Accident reconstructionists will discuss how the crash happened.
- Visual evidence, such as a dash cam or surveillance video, and photos and videos of the accident scene may also be useful.
Signs That You Need A Head Injury Attorney Now
Many people are unsure if they should retain a personal injury attorney after an accident. When the case involves a head injury, legal assistance is a must. Here are several signs that you should immediately retain a lawyer for your brain injury case:
- You have a TBI caused by another person’s negligence or intentional action: A TBI means you have a brain injury such as a concussion, brain lacerations, skull fractures, brain contusions, brain bleeding, etc.
- You have TBI symptoms: You should get fast medical attention and call an attorney if you have an accident and have TBI symptoms. Look for headaches, dizziness, vision issues, mood swings, memory loss, anxiety, vertigo, trouble walking, sensitivity to noise or light, etc.
- The insurance company isn’t taking your injury and pain seriously: Brain injuries are serious. However, some brain injuries are difficult to see; you may have a closed head injury, so the insurance company may argue that you aren’t seriously injured and are exaggerating your symptoms. If they argue with you about certain medical treatments or care, you should retain a personal injury lawyer to fight for you now.
- Your brain injury is from a complex accident: Were you in a multi-vehicle accident with several liable parties? Determining fault will be complicated; an attorney should figure it out for you.
- You can’t work: Does your brain injury prevent you from working? Or are your medical bills so high you cannot pay them? A personal injury attorney can help if another party injures you.
What If You Don’t Get Immediate Medical Care For A Head Injury?
You should never discount any potential side of a head injury after an accident. Ignoring head injury symptoms can lead to devastating consequences, including permanent injury and death. Immediately go to the ER if you suspect that you have a head injury.
For example, suppose a car almost hits you in a crosswalk. You just get out of the way in time but slip and fall. Your head slams on the concrete. You can rise, but your balance is off, your vision is blurry, and you can’t take a step without almost falling.
This almost certainly means you have at least a concussion. You should go to the ER immediately because symptoms can worsen rapidly. In some accidents, the injured party ignores a seemingly ‘minor’ concussion, but it turns out to be a brain bleed that causes a life-changing injury hours later. Fast medical care may ensure the best-case outcome.
Second, delaying medical care may have implications for a subsequent personal injury lawsuit. Going to the ER or doctor immediately ensures that your injury gets documented in your permanent medical record right away. The doctor will state that the accident caused your injury. Thus, your compensation case will be much stronger if you decide to sue.
Delaying medical care may cause the liable insurance company to downplay your injuries and blame them on something else. You want to ensure the best chance of fair compensation for someone else’s actions. So, obtain immediate medical assistance and then call a personal injury attorney.
Contact A Head Injury Attorney Today
Hitting your head in an accident can result in devastating consequences. You can have severe memory, cognitive, and communication issues that last for months, years, or life. If another party caused your head injury, retain a head injury personal injury attorney immediately. You should receive fair compensation for your medical bills and other losses.
A personal injury attorney doesn’t charge for the initial consultation, so you don’t need to worry about upfront legal fees during this difficult time. Your attorney will work on a contingency fee basis, meaning they only get paid from the compensation you receive at the end of the case. This arrangement ensures that your attorney is motivated to secure the best possible outcome for you.