A traumatic brain injury is an injury that alters brain functionality after a sudden incident. These incidents usually occur by means of a sudden and violent jolt to the head. Slip and fall accidents, motorcycle accidents, auto accidents, and other similar events, which cause the brain to have a violent impact with the skull, can cause a traumatic brain injury. Other less common causes of brain injuries occur when the brain has been deprived of oxygen or has otherwise been exposed to a toxic chemical.
All types of brain injuries can be lethal. After an incident, a brain can experience swelling and even bleeding, which could result in a person’s death, especially if no immediate treatment has been sought. Even if a person has received immediate treatment, he or she can still face lifelong repercussions resulting from the incident. Survivors face the permanent loss or disturbance of normal brain functions, which include, but are not limited to:
- Ability to reason and think
- Speech impairment
- Loss of body mobility
- Changes in the victim’s personality
- Compromised involuntary body unction
When a person has survived a traumatic brain injury, he or she faces a multitude of disabling conditions. If you or someone you know has experienced a traumatic brain injury, you will likely already know that the process to recovery is not easy. The process to recovery or adaptation can be a lifelong challenge and with the help and support of an attorney, you can bring ease to this lifelong journey.
Traumatic Brain Injuries Caused by Negligent Acts
When a person or business’ carelessness has been the cause of a victim’s traumatic brain injury, the injured person has the legal right to seek restitution for the injuries received. When a person or business has acted carelessly, this negligence is seen as a foreseeable injury that may have been avoided. The following is a limited list of careless incidents that could cause devastating injuries such as traumatic brain injuries.
Auto accidents – One of the most common ways in which a traumatic brain injury can result in is through an auto accident. While car accidents can happen due to many unforeseeable causes, most car accidents are the result of collisions caused by negligent motorists.
Concussions caused in sports – Violent impacts caused while participating in a sport is always a possibility. When the incident occurred due to foreseeable circumstances, however, the victim has the legal right to seek compensation.
Motorcycle accidents – The use of helmets can help to reduce the severity of many injuries resulting from motorcycle accidents. Helmets, however, are no guarantee that a rider will not suffer a traumatic brain injury. In the event that a rider is thrown from a motorcycle in an accident, the rider will still likely suffer a traumatic brain injury once he or she makes an impact on the ground. The victim of this incident has a right to seek compensation from the negligent driver who caused the motorcycle accident.
Slip and fall accidents – When a person falls and suffers a traumatic brain injury due to wet floors on supermarkets, night clubs, health clubs, school, or any other public place, the victim has a right to seek compensation for his or her injuries. Depending on the situation, the victim can file for a premises liability claim that will allow them to recover compensation for the damages incurred.
Medical injuries – Medical malpractice can result in a traumatic brain injury whenever a medical practitioner has made a mistake. An example of this negligence can be the carelessness that resulted in the deprival of his or her patient’s brain of oxygen. Further, an improper administration of anesthesia can also be an act of medical malpractice that can cause a patient’s brain damage.
Defective products – Poorly designed workplace tools can lead to brain injuries when workers get injured. An example of this is faulty ladders or improperly vented generators that can produce carbon monoxide which can ultimately injure a person’s brain. Additionally, defective tires or seatbelts can contribute to a person’s brain injury in a traffic accident. These types of cases are commonly referred to as defective products claims or products liability claims.
The Right to Seek Compensation for a Traumatic Brain Injury
Traumatic brain injuries do not only affect the victim. In many cases, a traumatic brain injury will also affect the victim’s family members and other loved ones. A traumatic brain injury can leave a lifetime of pain, financial distress, among other damages. Compensation awarded by the negligent business or individual who caused the injury should pay for the victim’s medical expenses, speech therapy, and vocational rehabilitation, among other costs, which could help a victim in the recovery process.
