How Can You Prevent TBI?

Preventing a traumatic brain injury (TBI) requires taking proactive measures to ensure personal safety. Always wear a helmet when engaging in activities like biking, skiing, or playing contact sports. At home, eliminate tripping hazards by securing loose rugs and ensuring good lighting in walkways. In vehicles, always wear a seatbelt and avoid distractions while driving. Installing safety gates and window guards can help protect young children.

However, even with these precautions, TBIs can still occur due to someone else's negligence. For instance, a driver under the influence may cause a serious car accident, or a property owner may fail to maintain safe premises, leading to falls. In these situations, despite your best efforts to stay safe, another person's careless actions can result in serious injury.

It is necessary to understand your rights and seek legal advice if you or a loved one suffers a TBI due to someone else's negligence. Holding responsible parties accountable can help cover medical costs and support recovery.

How Do TBIs Frequently Happen Due to Others' Negligence?

No matter how safe or careful you are, TBIs often occur due to the negligence of others. Common ways these injuries happen include the following:

• Car Accidents — One of the leading causes of TBIs is car accidents. When drivers are reckless, distracted, or under the influence of drugs or alcohol, they significantly increase the risk of collisions. These accidents can cause occupants to hit their heads against the dashboard, windows, or other parts of the vehicle, leading to severe brain injuries.
• Slip-and-fall Accidents — Property owners are responsible for maintaining safe environments. When they fail to repair hazards such as wet floors, uneven surfaces, or loose carpets, they put visitors at risk. Slipping and falling can cause people to hit their heads on the ground or nearby objects, resulting in TBIs. Elderly individuals and young children are particularly vulnerable in these scenarios.
• Sports Injuries — Coaches, trainers, and sports organizations have a duty to protect athletes, especially in contact sports like football, soccer, and hockey. Negligence can occur when they fail to enforce safety rules, provide adequate protective gear, or properly manage head injuries. Repeated blows to the head or undiagnosed concussions can lead to serious, long-term brain damage.
• Assaults and Violence — Physical assaults, including domestic violence, are another common cause of TBIs. Perpetrators who attack others, especially aiming for the head, can cause significant brain injuries. Victims of such violence often suffer long-term physical and psychological effects.

The common thread in these scenarios is that someone else's carelessness or failure to act responsibly creates a dangerous situation. When TBIs occur due to others' negligence, victims may have the right to seek compensation for their injuries, which can help cover medical expenses, rehabilitation, and other related costs. It is essential to hold negligent parties accountable to prevent further harm and to support the recovery of those affected.

Types of Necessary Medical Treatment Following a TBI

After suffering a TBI due to someone else's negligence, prompt and comprehensive medical treatment is essential for the best possible recovery. The treatment plan will vary depending on the severity of the injury, but generally, it involves several critical steps:

• Emergency Care — Immediate medical attention is vital following a TBI. In the emergency room, doctors will stabilize the patient, monitor vital signs, and assess the extent of the injury using imaging tests like CT scans or MRIs. This initial phase is crucial to managing swelling, bleeding, or other life-threatening conditions.
• Surgery — In severe cases, surgery may be necessary to address brain damage. This can involve removing blood clots, repairing skull fractures, or relieving pressure on the brain. Neurosurgeons play a vital role in this process, and the goal is to prevent further injury and stabilize the patient.
• Intensive Care — After initial treatment, patients with serious TBIs often require time in an intensive care unit (ICU). Here, they are closely monitored for complications such as infections, seizures, or changes in brain function. Medical staff will manage medications and ensure the patient receives the necessary support to recover.
• Rehabilitation — Rehabilitation is a critical component of TBI recovery. This can include physical therapy, occupational therapy, and speech therapy. Physical therapists help patients regain strength, balance, and coordination. Occupational therapists assist with daily living activities, helping patients adapt to physical or cognitive limitations. Speech therapists address issues with communication and swallowing.
• Cognitive Therapy — TBIs often affect cognitive functions such as memory, attention, and problem-solving. Cognitive therapists work with patients to improve these skills through targeted exercises and strategies. This therapy is essential for helping patients regain independence and return to work or school.
• Psychological Support — Emotional and psychological support is also important, as TBIs can lead to depression, anxiety, and other mental health issues. Psychologists or counselors provide therapy to help patients cope with their new reality, manage stress, and address any emotional challenges.
• Medication Management — Managing symptoms and preventing complications often involves medication. This can include pain relievers, anti-seizure drugs, and medications to address mood disorders or other psychological symptoms.

What Are the Legal Elements of a TBI Case?

In a legal case involving a TBI, proving negligence and liability requires demonstrating several key elements. Here's a breakdown of those elements and how a personal injury lawyer can use evidence to support each one:

• Duty of Care —  The first element is proving that the at-fault party (defendant) had a duty to exercise reasonable care. This means that the defendant was legally obligated to avoid causing harm. For example, a driver has a duty to follow traffic laws, and a property owner has a duty to maintain a safe environment. 

To prove this, a skilled Atlanta traumatic brain injury lawyer may present evidence such as traffic laws, building codes, or industry standards that show the defendant's obligations.

• Breach of Duty —  The second element shows that the defendant breached their duty of care. This means they failed to act as a reasonable person would under similar circumstances. For instance, a driver who runs a red light breaches their duty, or a property owner who does not fix a known hazard is in breach of their duty.

To demonstrate a breach, a personal injury lawyer may use eyewitness testimony, expert opinions, or surveillance footage. These sources can show exactly how the defendant's actions deviated from what was expected.

• Causation —  The third element is proving that the breach of duty directly caused the TBI. The injured party must show that the defendant's actions were a significant factor in causing the injury. This means linking the breach to the injury in a clear and direct way.

Medical records and expert testimonies are crucial here. Doctors can provide detailed accounts of how the injury occurred and its connection to the defendant's actions. Forensic evidence and accident reports can also establish how the breach led to the TBI.

• Damages —  The final element is proving that the injury resulted in actual damages. This includes medical expenses, lost income, pain and suffering, and other related costs. The damages must be quantified and linked to the TBI.

Financial records, medical bills, and expert evaluations can help establish the extent of damages. Testimonies from medical professionals about the ongoing effects of the injury and records of lost income or decreased earning capacity provide additional support.

What If My TBI Settlement Offer Is Low?

If you receive a low settlement offer in your TBI case, you have several litigation options to consider. These include taking the case to trial or pursuing alternative dispute resolution methods such as mediation or binding arbitration. Each option has its own process and benefits.

Taking the Case to Trial

If negotiations fail and the parties cannot agree on a fair settlement, taking the case to trial is a viable option. In a trial, your experienced TBI attorney will present your case before a judge or jury, who will make a final decision on the amount of compensation based on the evidence provided.

Process —  During the trial, both sides will present their arguments, including witness testimonies, expert opinions, and evidence such as medical records. Your Atlanta traumatic brain injury lawyer will argue that you deserve a higher amount of compensation due to the severity of your TBI and its repercussions on your life.

• Pros —  Trials offer a chance for a fair outcome if the settlement offers are inadequate. You can fully present your case and potentially receive a higher award.
• Cons —  Trials can be lengthy, expensive, and emotionally challenging. There are also no guaranteed outcomes since the decision is in the hands of the judge or jury.

Mediation 

Mediation is an alternative dispute resolution process where a neutral third party (a mediator) helps both sides reach a settlement agreement. The mediator facilitates discussions and negotiations to help you and the opposing party find a mutually acceptable resolution.

Process —  During mediation, you and the opposing party meet with the mediator to discuss the case and explore possible solutions. The mediator does not make decisions but helps guide the conversation and address any misunderstandings.

• Pros—Mediation is often faster and less formal than a trial. It can also preserve relationships and lead to a mutually agreed-upon settlement without the need for a lengthy court process.
• Cons —  Mediation requires both parties to agree on the resolution. If negotiations stall, mediation may not result in a settlement.

Binding Arbitration

Binding arbitration is another form of alternative dispute resolution whereby an arbitrator makes a final and legally binding decision on your case. This process is more formal than mediation but less formal than a trial.

Process —  In arbitration, both sides present their evidence and arguments to the arbitrator, who then makes a decision. The decision is final and not subject to appeal.

• Pros —  Arbitration can be quicker and less expensive than a trial. It provides a clear resolution and is often less formal.
• Cons —  You give up your right to a trial and appeal. The arbitrator's decision is final, even if it is not in your favor.

Types of Recoverable Damages in a TBI Case

In a TBI case, you may be entitled to several types of damages to compensate for the harm you've suffered. The most important types of recoverable damages include the following:

Economic Compensation 

Economic damages cover the financial losses directly resulting from your TBI. This includes:

• Medical Expenses—Medical expenses include compensation for all medical costs related to the injury, such as hospital bills, surgeries, rehabilitation, and ongoing medical treatments. This also covers any future medical care you may need due to the TBI.
• Lost Wages — If your TBI has affected your ability to work, you can recover compensation for lost income. This includes income you have lost while unable to work and any potential future earnings if the injury affects your long-term ability to earn money. 
• Loss of Earning Capacity — If your injury permanently affects your ability to earn a living, you may receive compensation for the decrease in your future earning potential.

Non-economic Compensation 

Non-economic damages compensate for the intangible effects of the injury. They include:

• Pain and Suffering — This covers the physical pain and emotional distress the TBI caused. It includes the discomfort, frustration, and emotional strain you experience due to the injury.
• Loss of Quality of Life— This refers to compensation for how the TBI has affected your overall enjoyment of life. This may include the loss of activities you previously enjoyed or changes in your ability to engage in daily activities.
• Emotional Distress — This covers the psychological effects of the injury, such as anxiety, depression, and mental suffering related to the TBI.
• Out-of-pocket Expenses — These are expenses you have personally paid as a result of your TBI that insurance does not cover. They can include:

1. Assistive Devices — Costs for equipment or devices you need to help with daily activities or mobility, for example, wheelchairs or home modifications.
2. Transportation Costs— Expenses for travel to and from medical appointments or therapy sessions, especially if you have to travel long distances.

Punitive Damages

In some cases, you may also receive punitive damages. These intend to punish the defendant for particularly egregious or reckless behavior and deter others from similar conduct. They are not intended to compensate you directly but to address the defendant's conduct.

Each type of damage addresses different aspects of the harm you have experienced and helps ensure you receive fair compensation for your injuries.

Talk with a Skilled TBI Attorney in Your Area Today

If you or a person you love sustained a TBI due to another person or entity's negligence, you are not alone. A knowledgeable Atlanta traumatic brain injury lawyer in your area can discuss your legal options with you and pursue the compensation you need either through settlement negotiation, alternative dispute resolution, or by litigating your case in the court system.

Schedule a Free Initial Consultation Today!