Common Brain Injuries
A brain injury can be described as any injury to the brain which affects a person physically, behaviorally, or emotionally. Brain injuries can occur due to a fall, vehicle-related collisions, or other trauma. You don't necessarily have to hit your head. The injury can also be caused by the whiplash motion. Depending on the cause, brain injuries may be classified into two separate categories:
Traumatic Brain Injuries (TBI)
These are brain injuries caused by an external force that affects the normal functioning of the brain. Common examples include:
- Diffuse axonal injury
- Intracranial hematoma
- Skull fractures
Non-Traumatic Acquired Brain Injuries (ABI)
These are caused by internal factors such as toxin exposure, loss of oxygen, or pressure from a tumor that damages the brain. Common examples include:
- Hypoxic or anoxic brain injury
Symptoms of Traumatic Brain Injuries
Some common symptoms of traumatic brain injuries include:
- Physical Symptoms: Headache, drowsiness, fatigue, loss of balance, vomiting, and speech problems.
- Sensory Symptoms: Blurred vision, sensitivity to light or sound, and a ringing in the ears.
- Mental Symptoms: Loss of consciousness, slurred speech, coma, loss of coordination, convulsion, agitation, and other unusual behavior.
If you have a concussion or other TBI symptoms, it is vital that you get diagnosed properly. This is extremely important for both medical and legal reasons.
The Challenges of Claiming Compensation for a TBI
Traumatic brain injuries can be devastating because they can affect a number of different aspects of your life. Unfortunately, it can be even more difficult to prove to an insurance company, especially when compared to other more common injuries that are easier to see on diagnostic testing like MRIs and X-ray scans. For this reason, it is crucial to get the right team of experts to assess your injuries, including neuropsychologists, neurologists, and cognitive rehabilitation experts.
Filing a Claim When a Loved One Is Incapacitated
Filing a personal injury claim on behalf of an incapacitated family member involves a few different legal complexities. Under Nebraska law, only a guardian of an incapacitated victim can take legal action — such as filing a personal injury claim — on the victim's behalf. Therefore, you must first establish yourself as the victim's legal guardian. Once you have established guardianship, you can file a personal injury claim on the victim's behalf to pursue compensation.
What the Victim Can Be Compensated For
For brain injury claims in Nebraska, victims may recover compensation for any of the following:
- Medical expenses
- Future medical bills
- Lost wages and benefits
- Loss of future earning capacity
- Emotional distress
- Mental anguish
- Ongoing healthcare expenses
- Surgical procedures
- Diagnostic tests
- Occupational, speech, and physical therapy
- Pain and suffering
- Emotional distress
- Psychological counseling
- Vocational training
- Scarring and disfigurement
- Loss of consortium, companionship, and enjoyment of life
How an Experienced Personal Injury Attorney Can Help
Families of brain injury victims often face difficulties after the injury occurs. The recovery process can have devastating and long-lasting effects on your financial, physical, and mental well-being. The good news is, you don't have to suffer through these challenges on your own. Retaining an experienced personal injury attorney is the first step you can take towards protecting your rights and pursuing the compensation you need to aid in your recovery.
At Harris & Associates, P.C., L.L.O., our legal team has years of experience helping brain injury victims and their loved ones pursue the compensation they need and deserve. As your legal counsel, we will fight compassionately to protect your rights and advocate for your needs at every turn. Our team will review every aspect of your case, conduct an in-depth investigation, and seek to prove fault and establish liability so that the negligent party can be held accountable.
Using our extensive negotiation skills, our legal team can help negotiate a fair settlement with the at-fault party's insurance provider. If they refuse to cooperate, we can take additional legal action and pursue the matter in court if it helps you get the justice you deserve. Having our team on your side can mean a big difference in your brain injury lawsuit — so don’t wait. Call or reach out today to learn more about how we can help you with your case.