Suing for Brain Injury After an Accident: What You Should Know

Traumatic brain injury or TBI is caused by a jolt or severe blow to the head. This injury mostly occurs in motorcycle, vehicle, and other major accidents. In the United States, car accidents contribute around 14% of the total number of TBI cases. If you suffer from a brain injury, you will not just have to deal with the pain. Your mental functions are also affected, which can make a recovery very tough. In some cases, you may never fully recover.

Brain injuries are complicated. They can be life-threatening and are also long term. TBI claims are also tricky to handle because they are expensive and can take too long to litigate. If you or your loved one has suffered a brain injury after a car accident, you may want to consider hiring a car accident lawyer in Manhattan.

How to Know if You Have a TBI?

The only way to know if you have TBI is to go to a doctor or specialist for a diagnosis. This is why it is crucial to go to the hospital after a car accident, even if you do not see any physical signs of injuries. The primary injury occurs when there is a severe blow to your head.

The impact of the blow causes your brain to collide with your skull. This can damage your entire brain or some lobes. You may appear to be fine, especially if you do not have other injuries. However, your brain may start to swell, push against your skull, and minimize the flow of oxygen-rich blood.

Some symptoms that you can have include the following:

  • Fatigue
  • Loss of consciousness
  • Dizziness
  • Confusion/ disorientation
  • Poor concentration
  • Seizures
  • Headache
  • Irritability
  • Memory loss

Seek medical attention as soon as you experience any such symptoms. The symptoms may also vary because every brain injury is different. Because of the complexity of brain injuries, several factors are considered in the lawsuits:

The Liable Party

Before claiming brain injury, you should first determine the at-fault party. This can be challenging because, in some cases, the other driver is not always liable. The driver might have caused the accident, but it is not their responsibility to pay for your injuries.

For example, if the at-fault driver was a bus or company driver, their employer may be held liable. In some other cases, the injury can result from a defective part, and in this case, the manufacturer is liable. 

Your Claim’s Worth

You need to know how much your injury is worth to ensure that you are rightly compensated. Not knowing what you should get in a settlement or as an award may mean that you accept a low compensation.

Brain injury claims can have both economic and non-economic damage. If you do not value the cost of treating your injuries or handling a condition for a long time, you may have to pay for the expenses out of pocket. 

Your damages should include hospital bills, transportation costs, lost wages or workdays, adverse effects of the accident, suffering, and more. Your accident caller should be able to calculate your losses and negotiate fair compensation.

The Statute of Limitations

The statute of limitations varies from state to state, and you need to be aware of how much time you have to file. Most states have a two or three-year deadline, and if you fail to file your lawsuit within the set time, your claim may no longer be valid.

Experienced car accident injury lawyers are aware of their state’s statute of limitations and will ensure that you do not lose your right to claim. 

Car Accident Lawyers Will Help You with Your Brain Injury Lawsuit

Brain injuries are tough to deal with, and getting compensated for them is also more challenging. To make the process of fighting for your legal rights for compensation easier, talk to a car accident lawyer about your injury and allow them to handle the lawsuit for you. This way, you will be able to concentrate on your recovery.