Traumatic brain injuries are some of the most grievous wounds a person can possibly suffer and encompass a wide range of injury types and potential disabilities that may result. Traumatic brain injuries often severely impact the victim’s quality of life and can leave them permanently disabled. Someone who suffers a traumatic brain injury may be unable to communicate with others or care for him or herself ever again, so the task of pursuing just compensation for traumatic brain injuries that result from negligent actions may fall to their family members.
Types of Traumatic Brain Injuries
Brain injuries are unlike wounds to other parts of the body in that the recovery process doesn’t just involve physical healing – the individual will have to recover faculties and functions that may have been damaged or impaired. Every traumatic brain injury is different for every victim, and the road to full recovery is never easy. Sometimes full recovery is impossible, depending on the type and severity of the injury.
Most traumatic brain injuries result from a sudden or violent blow to the head, which may be caused by a falling object or a sudden impact from a vehicle collision. A penetrating brain injury can be caused by bullets, a weapon, or a shattered section of the skull that intrudes into the brain cavity. A sudden or violent shift in momentum may cause “whiplash” – a mild form of traumatic brain injury that may result in memory loss, unconsciousness, dizziness, or pains in the neck, head, and back. The most commonly seen traumatic brain injuries are concussions, which can result from a sudden blow to the head or close proximity to an explosion or concussive blast.
According to the Centers for Disease Control and Prevention, the causes of traumatic brain injuries break down as follows:
- Falls account for 40.5% of all traumatic brain injuries
- About 15.5% of traumatic brain injuries are due to striking accidents, when an individual is struck by something or against something
- Vehicle collisions cause 14.3% of traumatic brain injuries
- Assaults account for 10.7% of traumatic brain injuries
- Unknown causes account for 19%
With these leading causes in mind, it’s easy to see how traumatic brain injuries can result from the negligence of other people. We believe that individuals suffering from these severe wounds should not suffer needlessly, and any negligent parties should pay for their responsibility.
Negligence in Traumatic Brain Injury Cases
As with any other personal injury case, proving negligence is paramount to successfully pursuing damages. In severe cases, victims may not be able to speak on their own behalf, and their loved ones may need to pursue legal action in their stead. If a traumatic brain injury results from a slip and fall, vehicle accident, an assault, or a workplace accident, proving negligence is the key to obtaining compensation for medical expenses, pain and suffering, and potentially diminished quality of life after the initial recovery. Proving negligence amounts to three basic requirements:
- The defendant owed a duty of care to the victim and the public
- They breached that duty in some way. For example, a traumatic brain injury that results from a traffic accident may have been avoided if the other driver hadn’t been speeding.
- The injuries and any resulting disabilities were caused by the defendant’s breach of duty.
The right legal professional can make a huge difference in any traumatic brain injury case. The legal team of Douglas, Haun & Heidemann has extensive experience in all types of personal injury cases. We can determine if you have grounds to make a personal injury claim if the injury was the result of another person or entity’s careless actions. Reach out to our experts to start reviewing a case in the Springfield, Mo., area. A traumatic brain injury can permanently disable the victim and severely diminish quality of life, and we believe that the responsible parties need to pay for the damage they cause.