Sadly, millions of people suffer traumatic brain injuries each year in the United States. According to the National Institutes of Health, moderate to severe traumatic brain injury in the U.S. has an annual incidence of 500 in 100,000 people. The aftermath of these injuries can be debilitating, sometimes impacting almost every aspect of life or even resulting in death.
Victims of these traumatic brain injuries may deal with the loss of certain physical and cognitive abilities and the loss of future plans. But this does not impact these individuals alone. Their loved ones may be left to pick up the pieces of this loss of independence and new feelings of hopelessness, which can be extremely expensive and emotionally challenging. Victims may often require several surgeries, continuous therapies, and around-the-clock care.
If you or a loved one has suffered a traumatic brain injury as a result of another’s negligence or intentional actions, you should not be left to pay the price. Although no amount of money will ever provide you with what you have lost, you should not have to be financially burdened on top of everything else. Contact our experienced personal injury attorney at the Law Offices of David P. Kashani today if you or a loved one has suffered a traumatic brain injury.
What Is a Traumatic Brain Injury?
A traumatic brain injury, commonly referred to as a TBI, is a catastrophic injury. This means that because the brain is unable to regenerate its cells, it is an injury from which those who suffer it will never completely recover. When the cells of the brain are damaged, the tasks that they were once responsible for can no longer be completed – unless the individual can learn to adapt and do them in a new manner.
TBI’s can result in permanent issues with one’s movement, cognitive abilities, senses, emotions, impulse control, and even changes in their personality.
While a traumatic brain injury can occur as the result of just about any blow to the head, certain accidents are more likely to do so. Such accidents include:
- Car/motor vehicle accidents
- Falling off of a bike or motorcycle without a helmet
- Falling from more than three feet off of the ground
- Falling down the stairs
- Intentional self-harm
Symptoms of a Traumatic Brain Injury
It’s always in your best interest to seek medical attention after an accident – even if you don’t experience any immediate symptoms. But it’s extremely important that you are aware of the symptoms that may indicate a serious brain injury and seek medical attention immediately should you experience them:
- Loss of consciousness
- Issues with balance
- Tingling on one side of the body
- Worsening headache
- Extreme fatigue/desire to sleep
- Irritability/changes in your personality (when noticed by others who know you well)
To confirm that the victim has suffered a traumatic brain injury, diagnostic imaging (e.g. X-rays and CT scans) is often used. But to be awarded compensation, you must also prove economic damages:
- The cost of your medical treatment (past, present, and future);
- Lost income;
- The impact on future earning capacity;
- The permanence of the injury;
- The severity of the injury; and
- The future cost of home care.
There are a variety of things that can help to demonstrate your economic damages:
- Medical records and documentation
- Photos of the accident
- Photos of your injuries
- Proof of lost benefits
- Police report (if there is one)
- Medical bills
- Invoices for expenses related to the injury (e.g. home modifications, home health aid services, etc.)
- Non-medical needs (e.g. someone to cook or drive you)
Because traumatic brain injuries can have a severe, long-term impact on both the victim and his or her loved ones, compensatory damages are often hefty. This compensation helps to pay for the above-mentioned economic damages.
However, you may also be welcome to non-economic damages such as:
- Pain and suffering;
- Loss of consortium (relationships);
- Loss of companionship;
- Injury to reputation;
- Humiliation; and
- Emotional distress.
Whether you are entitled to these non-economic damages is dependent upon whether you have experienced any of the following as a result of your injuries:
- Severe pain;
- Mental anguish (i.e. shame, shock, grief, etc.);
- Paralysis; or
- Inability to be intimate or provide moral support to your spouse or partner.
You may also be entitled to exemplary damages, often referred to as punitive damages, if the defendant acted with malice, oppression, or fraud.
Contact Our Bay Area Brain Injury Attorney Today
When you are already dealing with the aftermath of a traumatic brain injury, it can be nearly impossible to focus on recovering damages. However, it is extremely important that you receive all potentially recoverable damages to which you are entitled. That’s why it’s in your best interest to consult with a knowledgeable and experienced traumatic brain injury attorney as soon as possible. He or she understands how to prove negligence, liability, and the true cost of your damages.
At the Law Offices of David P. Kashani, our experienced California personal injury lawyers will walk you through each step of the legal process and will work strategically to help you obtain just compensation. Founding attorney David Kashani is highly regarded as a formidable opponent by insurance companies and opposing counsel alike. Over his many years of practice, Mr. Kashani has successfully negotiated and litigated countless personal injury claims and has recovered millions of dollars in damages for his clients.
When you become our client, you will have peace of mind knowing that our legal team is on your side. We will guide you through all aspects of your personal injury claim and make sure that your interests are protected.