Brain Injuries Can Affect Every Aspect of Your Life
Brain injuries are some of the most severe and life-altering injuries a person can suffer. Those who survive a traumatic brain Injury can face effects that last a few days or the rest of their lives. Brain injuries can result in permanent impairment resulting in damage to speech and cognitive functions, sensory perception, and psychological health. A traumatic brain injury occurs when an external force alters the function or pathology of the brain. This causes the brain to move within the skull and the brain can stretch and tear inside the skull. Trauma can often result from a car, truck, bicycle, or motorcycle accident. Given the severe nature of these injuries it is important to find a lawyer who understands brain injuries and the potential avenues of recovery. Members of Goodnow|McKay are experienced with these claims and are here to help. We are committed to helping our clients recover fair compensation. We are often able to negotiate reasonable settlements with the responsible insurance companies, but we are willing to fight for our clients through trial if necessary.
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Potential Types of Compensation for Brain Injuries
Brain injury victims suffer different symptoms and effects depending on the area affected by the trauma and the extent of the injury itself. Brain injury victims may be able to be compensated for their medical expenses, their future medical expenses, any loss of income related to the event, the pain and suffering endured as a result of the injury, loss of companionship, and the cost of any necessary medical equipment. These costs are generally paid by the insurer of the party at fault for the injuries. As brain injuries can be caused in a variety of ways it generally will be paid by either a car insurance policy if the injury was sustained in a car crash, or a general liability policy if the injury is the result of a negligent act or unsafe condition occurring on the land of another. There are many potential issues with these cases, but one of the most difficult is finding enough insurance coverage to compensate a brain injury victim. Our firm is skilled at finding methods of applicable recovery and ensuring companies follow through on their legal duties to provide proper coverage to an injured party.
Proving a Brain Injury
Brain injuries are some of the most severe injuries a person can suffer. It potentially affects every part of a person’s life from their memory, their speech, and their vision, to their mood. Despite the profound impact these injuries can have they are difficult to show. A broken arm has an x-ray and a cast—something tangible that you can see and instantly diagnose. Brain injuries are often diagnosed with tests and trials. The injuries are not always apparent on a scan and, unlike a broken arm, the timeline for recovery varies wildly and, in certain cases, the brain may never fully heal. Proving severe injuries exist in the absence of traditional tangible evidence can be difficult so it is important everything is properly documented and the case properly guided and handled.
National Statistics Regarding Brain Injuries
Traumatic brain injury (TBI) data provided by the Centers for Disease Control shows:
- TBIs contribute to approximately 30% of injury-related deaths.
- 153 people a day die from injuries that include a TBI.
- In 2013, a TBI was diagnosed in more than 282,000 hospitalizations and 2.5 million ED visits.
- In 2012, an estimated 329,290 children aged 19 or younger were treated in United States’ emergency departments for sports and recreation-related injuries, including concussions or TBIs.
- Those of 75 years or more in age have the highest risk for suffering a TBI.
Brain injury data provided by the American Association of Neurological Surgeons shows:
- There are approximately 235,000 hospitalizations for TBIs every year—this is 20 times the number of hospitalizations for a spinal cord injury.
- Approximately 80-90,000 people experience the onset of long-term or lifelong disabilities associated with a TBI.
- Sports and recreational activities contribute to approximately 21% of TBI cases.
- Approximately 50-70% of TBIs are caused by car crashes.