Traumatic brain injuries are a significant problem in the United States. According to the Centers for Disease Control, “There were over 69,000 TBI-related deaths in the United States in 2021.” I am a Kansas City personal injury lawyer and have handled many brain injury cases in my 20 years of experience. Here are four things I think are helpful to know about brain injury cases.
Traumatic brain injury damage is invisible
Typically there is no outward sign of a brain injury. The brain is inside the skull so any damage to it cannot be seen from the outside. Even most medical imaging devices like x-rays and CT scans cannot see damage to the brain. Therefore, great care must be taken when showing a jury the nature and extent of a brain injury. This usually requires a doctor or some other expert to educate the jury on brain damage as well as plenty of before and after witnesses.
Ways you can suffer a brain injury
Brain injuries can occur in numerous situations and through various forms of accidents. Common causes include any number of accidents: bicycle accidents, bus accidents, car accidents, and catastrophic accidents. Crime victim cases and incidents involving distracted driving or drunk drivers are also frequent sources of traumatic brain injuries. Other scenarios that might lead to brain injuries are falling objects, hit & run accidents, and motorcycle accidents. Pedestrian accidents, slip & fall / trip & fall accidents (particularly in young children and older adults), and truck accidents can also result in brain damage. If your baby experienced birth and delivery injuries that caused oxygen deprivation brain injuries, this could be medical malpractice. Additionally, a brain injury may have happened during a workplace injury and could be covered under Workers’ Compensation.
Brain damage is usually permanent
Most brain injuries result in some kind of permanent damage or impairment. If you’re lucky, your brain injury will improve for a time. Most likely, however, the improvement will stop and you will be left with some sort of loss for the rest of your life.
Insurance companies will undervalue traumatic brain injuries
Because it is difficult to show the nature and extent of brain injuries, insurance companies can get away with minimizing them and convincing a jury they are not severe. Furthermore, because brain injuries last for a lifetime, the require a lifetime’s worth of compensation. You only get one chance at settling or trying a brain injury case. Therefore, the insurance company and jury must be shown that the injury requires significant compensation.
Suffered a brain injury? We can help.
God forbid you or a loved on have suffered a brain injury. If you or they have, and you have questions about getting money compensation for your loss, please contact my firm. We have the experience and resources to maximize your recovery.
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