Trauma to the head or neck region has the potential to cause a traumatic brain injury. Many TBIs are the result of direct impacts, like the head striking a headrest, window, or dashboard during a motor vehicle accident. Brain injuries can also occur in the absence of a direct hit to the head. For example, if a person’s head sustains severe shaking, the brain is caused to be moved around and can lead to injuries
When another’s negligence leads to a brain injury, victims have the opportunity to recover compensation, or damages, from the responsible parties. The value of the damages available in Western PA traumatic brain injury claims depends on the severity of the trauma and the total impact of the accident on the plaintiff’s life. A qualified traumatic brain injury attorney can help victims identify their losses and pursue full compensation.
Types of Western PA Traumatic Brain Injuries
Brain injuries could result in physical and psychological side-effects. Studies show that if the condition lasts more than a year, it can often be permanent. Common symptoms of a brain injury include:
- Delayed processing of information
- Short or long-term memory loss
- Difficulty processing information
Anxiety, depression, and PTSD could also occur as a result of a traumatic injury. These psychological issues could require further treatment, such as counseling, beyond the medical care used to treat physical injuries.
There can also be neurological problems, including memory loss and loss of sensation. People with a head injury might have a loss of vision or a loss of smell, taste, or hearing. The severity and expenses associated with the injuries impact the amount of damages a victim could recover.
What are Compensable Expenses After a Severe Brain Injury?
When someone suffers a TBI, he or she needs to obtain the proper medical attention to begin the process of healing and recovery. Most people go to the emergency room following a collision, fall, or other major head trauma. The hospital may perform a variety of tests such as x-rays to determine if there are broken bones or a CT scan of the head to determine if there is any bleeding within the brain.
Brain injury victims may be referred to follow-up specialists like neurosurgeons or neurologists who are experienced in treating those types of head injuries. Injured individuals may also need vestibular therapy to regain their functioning, correct balance problems, and eliminate dizziness.
It is imperative to keep track of all billing matters and medical records. These records can be used to calculate and establish proof of damages.
Evidence for Proof of Damages
The burden is on a plaintiff to prove his or her case. The victim and a lawyer build the case based on the injuries, pain and suffering, future costs of medical care, and future wage losses. A lawyer could obtain the related medical records and have them reviewed by an expert doctor, who will then write a narrative report describing the injuries and treatment. The report is required for the expert to testify at trial.
In addition to proof of damages, a plaintiff must prove the defendant acted negligently. Every piece of evidence at the scene of an accident could be relevant in establishing liability. In an automobile accident, for example, the points of impact on the vehicles and an electronic data recorder on a vehicle are important because they show information such as braking, force of impact, and speed. This can be used to recreate how the accident occurred. If available, video footage could also show what happened. Other evidence could include skid marks, gouges in the roadway, or damage to the roadway itself showing where the accident occurred.
How are Losses Calculated for a TBI?
The recoverable compensation in a Western PA brain injury case includes economic and non-economic damages. Economic damages are any expenditures that can be counted or quantified, such as past and future wage loss and medical expenses. These damages also include bills that were not covered by insurance, any out-of-pocket expenses, and required modifications to a victim’s home.
Non-economic damages include the intangible losses that are not easily quantified. This could include the pain and suffering experienced by a TBI victim. These kinds of damages are especially complex and require a significant amount of analysis. There are different strategies for calculating non-economic damages that an experienced TBI attorney could implement to ensure the appropriate compensation.
Call a Western PA Attorney for Help Seeking Damages
The harm done to a person following a traumatic brain injury goes beyond the scope of physical pain. The emotional and financial impact of a TBI could last years after the accident. Damages in a Western PA traumatic brain injury claim could help you treat these injuries. Call a Marcus & Mack lawyer today to learn more.