Traumatic brain injuries (TBI) occur when an outside force causes brain damage. These injuries are a leading cause of permanent disability and death in the United States. According to the CDC, in 2021 there were approximately 69,000 TBI-related deaths- an average of 190 deaths each day.
Overview of TBIs (Causes, Types, and Long-Term Effects)
Traumatic brain injuries can happen to anyone, regardless of age and prior health. They often have a life-altering impact on the victim’s life.
Types & Causes
There are two categories that TBIs can fall into, non-penetrating and penetrating injuries.
Penetrating TBI
Penetrating TBIs occur when an object pierces the skull and damages the brain.
Common causes include:
- Gunshot wounds
- Struck by a weapon (knife, baseball bat, etc)
- Errors during surgery
Non-Penetrating TBI
This occurs when a hard hit to the head causes the brain to move within the skull.
Common causes include:
- Sports injuries
- Car accidents
- Falls
Long-Term Effects
The long-term effects of TBIs vary drastically, based on the severity of the injury. Typically, mild TBIs are categorized as brief unconscious for up to 30 minutes or no loss of consciousness. These symptoms resolve within 7-10 days with no lasting effects.
Moderate TBIs involve being unconscious for 30 minutes to 24 hours. Recovery can take anywhere from several months to years and often requires medical treatment and rehabilitation. Many people with moderate TBIs recover most, if not all, of their brain function over time.
Severe TBIs are categorized as when someone is unconscious for more than 24 hours. Severe TBIs often lead to permanent brain damage, which requires extensive rehabilitation, therapies, and medical treatments. People who survive severe TBIs may experience difficulty concentrating, personality changes, mood disorders, and memory issues.
Steps To Take After a Traumatic Brain Injury
TBI cases typically take between 1.5-3 years or longer to settle, due to the complex injuries and the need to assess the long-term effects. If you suffered a TBI due to someone else’s negligence, take these steps to pursue justice for your injuries:
Step 1: Seek Medical Treatment
The first step after any head injury is to receive professional medical treatment. Even if you only experience mild symptoms, it is crucial to be seen by a professional because not all symptoms will show immediately. A doctor will recommend the best treatment option for you- even if you just have a minor TBI. They will also document your injuries, which is crucial evidence if you file a claim.
Step 2: Understand the Time Limits
The time limit you have to file a lawsuit, known as the statute of limitations, is two years from the date of the injury. Once the two-year mark passes, most courts will not consider it a case. This short statute of limitations makes it important to consult with a personal injury attorney as soon as possible.
Step 3: Gather Evidence
Gathering evidence is essential to prove the extent of your injuries and to establish fault for your claim.
Evidence needed for a TBI claim includes:
- Medical records
- Witness testimonies
- Police records (if applicable)
- Photos and videos
Additional evidence may also be needed, which your attorney will help you gather.
Step 4: Consult With an Attorney
It is important to consult with an attorney promptly to ensure they have enough time to review your medical records and file a claim. Your attorney will review the evidence to determine if you have a case and who was at fault for your injury.
Once they do this, your attorney will begin the legal process to file a claim against the responsible party.
Step 5: Consider Settlement Offers
Insurance companies usually give a low initial settlement offer, hoping you’ll accept it quickly. Don’t accept any settlement until you talk to your attorney, because once you agree to a settlement you won’t be able to receive additional compensation in the future.
Trust that your attorney will negotiate with the insurance companies to secure a fair settlement for your injuries.
However, if you’re unsatisfied with the proposed settlement amounts, talk to your attorney about going to trial. They will tell you if it is worth it to go to trial if they think there is a chance of higher compensation.
Step 6: Go to Trial if Necessary
Going to trial is more involved than settlements, but in some cases, they can lead to higher compensation. However, not every case is worth taking to trial.
Some important things to consider include:
- Trial proceedings take longer, meaning you could be waiting years to receive compensation.
- The outcome is uncertain since a judge or jury makes the decisions on compensation amounts.
- The cost is higher due to legal and court fees, which will be taken out of your compensation.
But, each case is different, so talk to your attorney to see if going to trial is the best option for you.
Compensation in TBI Settlements
If you or a loved one suffered a TBI due to someone else’s negligence, you may be able to receive compensation.
Types of Damages
Three types of damages can be recovered in a TBI case:
- Economic Damages: These cover the financial losses that resulted from the injury, including lost wages, medical bills, and future income loss
- Non-Economic Damages: These are awarded to compensate for the emotional toll that the injury caused. This includes psychological trauma, emotional distress, and the strain on personal relationships.
- Punitive Damages: Only awarded in cases of extreme negligence, to punish the person responsible for the injuries. For example, these may be awarded if a doctor intentionally injures their patient or a reckless driver hits another car when excessively speeding.
Each type of damage is awarded to compensate for different aspects of the injury, helping you recover emotionally and financially.
Factors that Influence Settlement Amounts
Not every case will end with the same settlement amount being offered. Settlement amounts are different in each case.
Factors that influence TBI settlement amounts include:
- Severity of the Injury: More severe and permanent injuries often result in higher settlement amounts.
- Medical expenses: Compensation will cover past and future medical care.
- Lost wages: Includes income lost due to the injury and lost future earnings if you can’t return to work.
- Impact on your Quality of Life: The significance of how the injury has affected your day-to-day life will be considered in settlement negotiations.
- Degree of Negligence: In Ohio, comparative negligence allows injured victims to recover damages, but they are adjusted based on their own level of fault vs the defendant’s negligence. This means that if the victim had zero fault, they can recover the full amount, but if the victim also had some fault for their injuries, then they will not receive as much compensation.
So, TBI settlements will vary depending on the factors listed above. People with temporary injuries will receive far less compensation than victims who suffered permanent injuries.
Contact Our Firm Today
If you or a loved one suffered life-altering injuries due to a TBI, you may be entitled to compensation. Our experienced attorneys are ready to fight to get you fair compensation and to hold the negligent party accountable.
Contact our Cleveland medical malpractice attorneys today at (440) 333-3800 to schedule a free initial case consultation.