What Are the Types of Head and Brain Injury Claims?

Categories: Personal Injury

brain injury

Brain injuries come in many shapes and sizes.

They can occur from a car accident or in a place you would least expect it – like the hospital. Understanding the various types and how they lead to claims is essential, especially if you or a loved one has suffered a brain injury recently.

Likewise, it is essential that you work with an attorney that has experience handling brain and head trauma claims as these are unique cases compared to the average injury claim.

The Different Types of Head and Brain Injury Claims

Damage can occur during an accident or later from complications. Inside your brain, you have delicate tissues and microscopic cells, all of which are subject to serious injury.

Here is just a small example of the types of brain injury cases that can occur:

Car Accident TBI Cases

One of the more common reasons for a head and brain injury claim, especially a traumatic brain injury (TBI), is car accidents. Car accidents include violent impacts that whip the body back and forth. During that motion, the brain smacks the sides of the skull, which can lead to trauma. TBIs from car accidents can range from mild concussions to severe brain bleeds or permanent brain damage.

Medical Negligence and Brain Injuries

A physician or surgeon’s negligence can also lead to brain injuries in adults and children. For adults, these injuries can occur during surgery when not enough oxygen is supplied to the brain. Other times, they might happen when a patient is given the wrong medication and suffers from an adverse reaction, a patient slips and falls in a hospital, or they are dropped.

Child Brain Injuries During Birth

Another common reason for a brain injury claim is when a child’s brain is injured during birth. These often lead to long-term complications for the child and parents along with extensive costs to cover rehabilitation and medical treatments. Some children recover slowly while others are permanently disabled from these injuries.

Brain injuries during birth can occur when there is fetal distress during labor and the physician does not act quickly. Other times, the baby may acquire an infection that is not taken care of or diagnosed fast enough. Another common reason for brain injuries during childbirth occurs when forceps or vacuum extraction is used to remove the baby.

Slip and Fall Injuries That Lead to Brain Trauma

Slip and falls can also lead to brain trauma and cause serious, long-term complications. Imagine walking down the sidewalk, and you slip on a patch of ice that you did not see. You fall backwards, landing on your back and your head strikes the concrete – hard.

This is a typical scenario that happens to victims. But what they do not realize is that the strike to the ground, especially a hard surface like concrete, can lead to a traumatic brain injury. Most victims of slip and fall accidents are lucky enough only to have a concussion. However, there are instances where more severe brain injuries can occur, which may leave the victim permanently disabled. In some cases, the injury can be fatal.

Brain Injuries That Lead to Wrongful Death

Sometimes, a brain injury can lead to a wrongful death case. Wrongful death claims are different from common injury claims. In this case, the family or estate is filing for compensation on behalf of the remaining family members against the party who was at fault for the injury.

To qualify as a wrongful death case, the initial injury must have been one that would have been applicable in a regular personal injury case. Therefore, had the victim survived his or her injuries, they would have been able to file a lawsuit against the at-fault party and collect compensation.

Head Injuries at Work

On-the-job brain trauma is more common than you might realize. When these accidents occur, they may fall under workers’ compensation. However, when there was third-party negligence, then that third-party may be liable for any damages that occur, including medical costs, lost wages, and pain and suffering.

Do You Need an Attorney for a Head Trauma Case?

While you may have proof that you have a legitimate head injury or severe brain trauma, you still need an attorney. Often these cases settle for less than they should when a victim tries to negotiate a settlement without an advocate. Also, rarely can a victim honestly assess damages like future medical costs and intangible costs.

Here are just some of the compensation items that you can receive in a head injury case:

  • Medical Costs – Head trauma can lead to extensive medical costs. You could not only have to endure multiple, highly complex (and expensive) neurosurgical procedures, but you may require medications, around-the-clock nursing care, and therapy. All of these could exhaust even the best medical insurance plan’s maximum benefit amount.
  • Lost Wages – Most severe TBIs result in deficits, which means the victim is not the same as they were before either mentally, emotionally, or cognitively. For example, a serious injury could lead to partial blindness that affects the victim’s ability to continue working. Not only are there lost future wages to worry about, but also the wages lost while a victim recovers from their injuries, attends physician appointments, and even goes to court for their case.
  • Changes to Quality of Life – When permanent brain damage occurs, a person’s quality of life changes dramatically. They may be unable to walk, talk, or even spend time with loved ones. Their life expectancy can also decrease.

If you or a loved one has suffered a serious head injury, do not let the insurance company tell you how much your case is worth. Instead, speak with an attorney from Brett McCandlis Brown & Conner, PLLC. You can meet with us for a risk-free consultation today by calling us or request more information online.