Who Can Be Held Liable for a Traumatic Brain Injury?

Traumatic brain injuries (TBIs) can have life-altering consequences for victims and their families. These injuries often result in long-term medical care, loss of income, and significant emotional distress. Determining who is liable for a TBI is crucial to securing compensation to cover these costs.

At BAM Personal Injury Lawyers, we have seen the devastation caused by brain injuries. We are here to fight for those in need.

Identifying the responsible party is the first step in pursuing a brain injury claim. Different parties might be held accountable if the injury occurred in a car accident, a slip-and-fall, or due to a defective product.

Understanding who can be found liable is essential for traumatic brain injury victims seeking justice and compensation.

What is a Traumatic Brain Injury?

A traumatic brain injury occurs when a sudden blow to the skull damages the brain. This can happen from a blow to the head, a fall, or any other forceful impact. The severity of a TBI can range from a mild concussion to severe brain injury, affecting brain function and leading to long-term consequences.

Traumatic brain injuries are categorized based on the extent of damage and the duration of symptoms. Mild traumatic brain injuries, including concussions, could result in temporary symptoms, while severe.

Types of TBIs

Traumatic Brain Injuries (TBIs) can vary in severity and impact, depending on the nature of the injury. Understanding the different types of TBIs is crucial for recognizing the symptoms and seeking appropriate treatment.

• Concussion: A concussion is caused by a blow to the head, leading to a temporary change in the way the brain processes information. Symptoms can include headaches, dizziness, and confusion, which often resolve within weeks.
• Contusion: A contusion is a bruise on the brain stemming from a direct impact. This type of TBI can lead to swelling and bleeding and requires immediate medical attention.
• Penetrating injury: Penetrating injuries take place when an object pierces the skull and penetrates the brain. These injuries can be life-threatening and often need emergency surgery.
• Diffuse axonal injury (DAI): DAI is a severe TBI caused by shaking or strong rotational forces. It leads to widespread damage to brain cells, often resulting in coma or permanent disability.
• Second impact syndrome: This takes place when a person sustains a second concussion before they recover from the first. It can cause rapid brain swelling and is often fatal.

Common Causes of Traumatic Brain Injuries

Traumatic Brain Injuries (TBIs) can result from various incidents, many of which are preventable. Here are some of the primary causes of TBIs.

• Car accidents: Car crashes are a frequent cause of traumatic brain injuries. The force of a collision can cause the head to strike the steering wheel, dashboard, or window, leading to a TBI.
• Slip-and-falls: Slipping and falling, especially from a height, can result in a TBI. Older adults and young children are vulnerable to these types of injuries.
• Sports injuries: Contact sports like football, soccer, and hockey can lead to TBIs, particularly concussions. Repeated blows to the head increase the risk of long-term brain damage.
• Assaults: Violent assaults, such as being struck with an object or a physical attack, can cause TBIs. These injuries are often severe and may involve criminal charges against the assailant.
• Workplace accidents: Workers in areas such as construction or manufacturing are at risk of TBIs due to falls, falling objects, or equipment accidents.
• Bicycle accidents: Cyclists involved in collisions with vehicles or who fall off their bikes can sustain TBIs, especially if they do not wear helmets.
• Medical malpractice: Medical negligence during surgery or treatment can sometimes lead to a TBI. This might occur if a patient is improperly intubated or if there is a delay in treating a head injury.

Potential Parties Liable for TBI

Liability for a traumatic brain injury can depend on the circumstances surrounding the injury. Several parties could be held responsible, depending on how the injury occurred. Identifying the liable party is key to pursuing compensation through a traumatic brain injury lawsuit.

Negligent Drivers in Car Accidents

Drivers who cause car accidents through negligent actions, such as distracted driving or speeding, can be held liable for any TBIs.

If drivers' recklessness or failure to follow traffic laws leads to an accident, they can be sued for damages. Compensation could cover medical expenses, lost pay, and other costs associated with the injury.

Property Owners in Slip and Fall Cases

Property owners must maintain safe premises. If a slip-and-fall incident occurs due to hazardous conditions, including wet floors or broken stairs, the property owner may be liable for any resulting TBIs. Victims can submit a premises liability claim to seek compensation for their injuries.

Employers in Workplace Accidents

Employers are required to provide a safe working environment. The employer could be held liable if an employee sustains a TBI due to unsafe conditions or lack of proper training.

Workers' compensation may cover medical expenses, but in some cases, a personal injury lawsuit may also be necessary.

Manufacturers in Defective Product Cases

The manufacturer may be liable if a TBI occurs due to a defective product, such as a faulty helmet or car part. Product liability claims can be complex, requiring evidence that the product was defective and that the defect directly caused the injury.

Tired Truck Drivers on the Road

Truck drivers who operate their vehicles while fatigued pose a significant risk to others on the road. If a tired truck driver causes a crash that results in a TBI, both the driver and their employer could be held liable.

Criminals in Violent Actions

In cases where a TBI results from a violent crime, such as assault or robbery, the perpetrator can be held liable. Criminal charges may be pursued alongside a personal injury lawsuit. Compensation can help cover the victim's medical costs, lost wages, and pain and suffering.

How To Prove Liability in TBI Cases

• Document the accident scene: Take photos and gather evidence from the accident scene, including skid marks, broken objects, or any other relevant details.
• Collect witness statements: Talk to anyone who witnessed the incident and gather their contact information. Witnesses can provide valuable testimony to support your claim.
• Obtain medical records: Save detailed records of all medical treatments related to the TBI. Medical records are crucial in showcasing the severity of the injury.
• Consult experts: Work with medical and accident reconstruction experts to establish how the injury occurred and who is at fault. Expert testimony can be pivotal in TBI cases.
• Review surveillance footage: If available, obtain footage that may have captured the accident. Video evidence can provide a clear account of what happened.
• File a police report: Ensure that a police report is filed if the injury occurred in a car accident or other incident involving law enforcement. The report can be a critical piece of evidence.
• Work with a lawyer: Hire an experienced traumatic brain injury attorney to shepherd you through the legal process. A lawyer can collect evidence, negotiate with insurance companies, and fight for you in court.

Calculating the Value of Your TBI Case

Proving liability in a Traumatic Brain Injury (TBI) case is essential for securing the compensation you deserve. Establishing fault requires thorough documentation, expert testimony, and a strategic legal approach.

• The severity of the injury: The severity of the TBI will significantly impact the case's value. Severe brain injuries that lead to long-term disability or loss of brain function will generally result in higher compensation.
• Medical expenses: The cost of medical care, including surgeries, rehabilitation, and ongoing care, is a major factor in calculating the case's value. All past and future medical expenses should be considered.
• Lost wages: If the TBI stops you from working temporarily or permanently, you can demand compensation for lost wages, including both past income lost and future earning potential.
• Pain and suffering: Non-economic damages, including pain and suffering, emotional distress, and loss of consortium, are also considered.
• Impact on quality of life: The TBI's impact on your overall quality of life, including your ability to participate in daily activities and relationships, will be factored into the compensation.

Challenges in TBI Liability Cases

Traumatic brain injury cases can be challenging due to the complexity of the injury and the legal process involved. These challenges can impact the outcome of the case and the compensation awarded.

Complex Medical Evidence

Proving the extent of a TBI often requires complex medical evidence. Brain injuries may not be immediately visible, and symptoms can evolve. Medical experts may be needed to explain the injury's impact on the victim's life.

Disputes Over Fault and Negligence

Establishing fault and negligence can be difficult in TBI cases, especially when multiple parties are involved. Disputes over who is responsible for the injury can lead to lengthy legal battles, requiring thorough investigation and strong evidence.

Insurance Company Tactics

Insurance companies will use numerous tactics to avoid payouts in TBI cases. They might dispute the severity of the injury, argue that the victim was partially at fault, or offer low settlement amounts. An experienced lawyer is crucial to countering these tactics and securing fair compensation.

How BAM Personal Injury Lawyers Can Help with TBI Cases

Dealing with a traumatic brain injury (TBI) can be overwhelming, but having a knowledgeable legal team by your side can make a significant difference.

BAM Personal Injury Lawyers are dedicated to helping you navigate the complexities of your case and securing the compensation you deserve.

Here’s how we can assist you with your TBI case.

• Expert legal representation: BAM Personal Injury Lawyers provides expert legal representation, walking you through each step of the process. Even a mild traumatic brain injury can cause permanent complications.
• Thorough investigation: Our team conducts thorough investigations to gather all necessary evidence, from accident reports to medical records.
• Negotiating with insurance companies: We handle negotiations, helping you recover fair compensation for your injuries.
• Maximizing compensation: We do our best to maximize your compensation, considering all aspects of your injury, including medical expenses, lost wages, and pain and suffering. We have handled countless personal injury cases.
• Personalized legal strategy: Each TBI case is unique, and we develop a personalized legal strategy tailored to your specific situation. We are committed to achieving the best possible outcome for our clients. We have experience with brain injury lawsuits and can fight for your rights.

Contact Our Idaho Traumatic Brain Injury Lawyer for a Free Case Consultation

If you or a loved one has suffered a traumatic brain injury, it's essential to seek legal help as soon as possible.

At BAM Personal Injury Lawyers, we are dedicated to helping traumatic brain injury victims secure the compensation they deserve. Our team has the experience, knowledge, and commitment to handle even the most challenging brain injury cases.

We can represent you in your severe traumatic brain injury case. Contact our Idaho brain injury lawyers today to schedule a free consultation.