How Brain Injury Cases Differ from Standard Personal Injury Suits

A brain injury is a type of head injury that causes damage to the brain, usually as a result of substantial trauma to the head. The most common causes of such trauma are from accidental falls, car accidents, sports accidents and intentional acts. Brain injuries can result in mild to severe damage which can have devastating impacts on a victim. In fact, a brain injury can dramatically change a person’s life.

If a brain injury was caused by of another party’s negligence or intentional, the victim may have grounds for a personal injury case. It is important to know, however, that brain injury cases vary from general personal injury cases. Because there is so much at stake with a brain injury, the case must be handled with particular care. A brain injury lawyer is best equipped to handle such cases because they are experienced in working with the specific legal matters pertaining to brain injuries.

Severity of a Brain Injury

A brain is essentially what defines a person and enables them to be who they are and do what they do. When the brain is damaged, so is a person and their abilities. Unlike many other parts of the body, a brain does not simply heal after it is damaged. In addition, damage to the brain affects the person’s mind and body. In most cases, a brain injury can cause a person temporary or permanent cognitive impairment and physical disabilities. In the most severe cases, a person’s injuries can be fatal or cause them to remain unconscious or in a vegetative state. The least severe brain injuries can alter a victim’s personality, and cause depression, anxiety and paranoias. In any case, a brain injury victim is likely to be largely impacted in ways that will decrease their quality and affect their ability to do daily tasks in the way they could before. Such impacts can even make it hard to work and financially support themselves. Because of the potential impacts a brain injury can have, winning a fair settlement from a personal injury claim can be imperative for the victim and their family.

Diagnosing a Brain Injury

Brain injuries can be mild or severe, ranging from a minor concussion to a traumatic brain injury (TBI). Following an accident or injury, it can be difficult to determine whether a brain injury is present and the extent of the damage. Symptoms of a brain injury do not always present themselves right away, so either victims may not seek medical attention immediately or the doctors may have difficulty making an accurate diagnosis. Fortunately, advanced medical technology makes it easier to diagnose a brain injury, but determining the best treatment can take time. A delayed diagnosis can hurt or hinder the ability to make a valid personal injury claim, making brain injury cases even more fragile.

Extensive Treatment

Brain injuries often result in weeks to months of intensive care followed by years of long-term treatment. Treatment can require long hospital stays, years of mental and physical therapy, disability care and accommodations, rehabilitation and even at-home care. Personal injury settlements can be imperative to cover the potential costs of such treatment. Determining the extent of treatment early on can be difficult based solely on a diagnosis, because each brain injury and recovery varies. For these reasons, determining and receiving fair compensation for such injuries and treatment can be especially challenging.

If you or someone you love has suffered a brain injury at the fault of another party, it is important to contact a Brain Injury Lawyer Fort Collins, CO residents turn to as soon as possible. With so much at stake, you will want to ensure you have the proper legal guidance to improve your chances of winning a fair settlement.

Thanks to our friends and contributors from Cannon Hadfield Stieben & Doutt, LLC  for their insight into brain injury cases.

 

Posted on March 14, 2018 @ 5:31 pm

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