Car Accident Compensation for Traumatic Brain Injuries

The type and severity of a brain injury will directly impact the amount of compensation a car accident victim can collect, as the cost of medical treatment and the impact on the victim's life are greater for more severe injuries. In addition to brain bleeds and brain swelling after a car accident, the following are some of the most common types of crash-related brain and head injuries:

• Concussion. A mild form of TBI that usually resolves within a few days or weeks – but can also lead to long-term consequences.
• Contusion. A bruise on the brain caused by a direct impact to the head.
• Second-impact syndrome. A rare but life-threatening condition that occurs when a person sustains another concussion before a previous concussion has fully healed.
• Hematoma. A collection of blood outside the blood vessels causes pressure on the brain.
• Coup-contrecoup injury. A brain injury caused by the brain moving rapidly back and forth within the skull.
• Brain stem injury. An injury to the brain stem, which controls many of the body’s basic functions.
• Hemorrhage. A type of bleeding that occurs within the brain tissue.
• Diffuse axonal injury (DAI). A severe brain injury caused by rotational forces that shear the axons, or nerve fibers, in the brain.
• Penetration injury. A brain injury caused by an object penetrating the brain, whether a foreign object (such as a piece of metal) or fragments of bone from a skull fracture.

An experienced TBI lawyer has in-depth knowledge of the intricacies of these injuries, the medical treatments they typically require, and how to build a strong case the insurance companies cannot ignore.

Car accident victims with brain or head injuries may experience “brain fog” after a car accident that goes away, or they may be left with lifelong disabilities and chronic pain. This means CT scans and MRIs after a car accident, one-time treatments, and occasional checkups are not going to be enough, in many cases, for someone to recover and maintain their health when a car accident causes a TBI. Medical bills add up quickly and it’s important that liable parties pay for them. For the injured victim, the consequences of a moderate to severe TBI can include:

• Concentration and memory problems.
• Depression.
• Impulsivity.
• Inability to perform executive functions, like planning and problem solving, at pre-injury levels.
• Difficulty speaking and being understood.
• Paralysis or weakness.
• Chronic pain.
• Fatigue and loss of stamina.
• Decreased bowel and bladder control.
• Changes to vision and/or hearing.

Negligent drivers are responsible for the damage they cause to victims not only immediately after the accident, but also for years to come. An experienced brain injury attorney can hold careless drivers accountable and help victims get the compensation they deserve for their long-term injuries and losses.

Traumatic brain injury car accident settlements can vary greatly, with some victims recovering tens or hundreds of thousands of dollars, and in some cases, even millions. Factors that can increase the value of a car accident settlement for a TBI victim include the severity of the injury, the need for extensive medical treatment, long-term disability, emotional and psychological effects, lost wages and earning potential, and the degree of fault of the other party involved.

As brain injury settlements are private, it is difficult to calculate an average settlement for brain damage from a car accident. However, an experienced attorney can help calculate a settlement based on the amount of damages a victim has and aggressively pursue maximum compensation. On average, in the first year after the car accident, TBI victims have accrued about $151,000 in injury-related expenses and losses. Lifetime medical and therapy costs for a TBI could reach $3 million, according to the TBI Model System at the University of Alabama Birmingham.

The financial burden of a traumatic brain injury can be immense, often leaving survivors in dire financial straits. Research has shown that many TBI survivors end up filing for bankruptcy within the first few years after their injury, highlighting the devastating impact that these injuries can have on a person's financial well-being. Your financial prospects greatly improve when you have the right lawyer by your side.

An experienced car accident brain injury lawyer understands the many costs associated with long-term traumatic brain injuries, some of which may not be immediately apparent to the injured party. These costs can include ongoing medical care, specialized rehabilitation, lost wages, and reduced earning potential, among others. A knowledgeable lawyer can help identify all of these potential costs and negotiate aggressively for top results. With a lawyer's help, individuals with traumatic brain injuries can feel confident that their case is moving forward while they concentrate on the people and things that matter to them most.

Here are three examples of how an attorney can help:

• A lawyer can investigate the accident and gather evidence to prove the other driver's fault like witness statements, review police reports, and consult with accident reconstruction experts.
• A lawyer can negotiate with insurance companies known to offer low settlements to ensure that the victim receives a fair settlement.
• If a settlement cannot be reached, a lawyer can represent the victim in court.

Trusted car accident attorneys offer free case consultations to TBI victims and their families. If you or a loved one suffered a TBI due to a car accident, contact a lawyer with a track record of success as soon as possible. A statute of limitations applies to injury claims and lawsuits. Contact an experienced TBI car accident attorney to schedule a free consultation today.