TBI And Head Injury Cases
Traumatic brain injury, or TBI, cases involve the filing of a claim for mild to severe head injuries. Injuries can result in a concussion or severe brain dysfunction that can substantially limit a plaintiff’s ability to function. Head injury incidents include slips and falls, impact accidents or assaults. TBI and head injury cases can result in complex litigation, depending on the severity of the injury. Plaintiffs usually seek compensatory damages that include loss wages, pain and suffering, medical bills and long-term care. In severe cases, a spouse may file a claim seeking damages for loss of affection, support or and intimate relationship. Following are some of the elements involved in TBI and head injury cases:
Diagnosis: Plaintiffs wishing to pursue a TBI or head injury case should seek out a solid diagnosis. A number of specialists, in addition to a family doctor, can confirm the condition. The plaintiff can see a neurologist, speech therapist, occupational therapist or neurosurgeon, to name a few, when seeking the proper diagnosis. This will ensure the plaintiff’s condition can be expertly communicated during the discovery or trial process.
Preparing witnesses: TBI and head injury cases usually involve two types of witnesses: expert and fact. Medical expert witnesses can attest to the injury, the complications involved and the long-term prognosis. Fact witnesses are close friends or relatives who can provide invaluable information on how the plaintiff’s behavior has changed.
Seeking damages: The compensatory damages calculation can be a complex concern with TBI and head injury cases. Plaintiffs may or may not fully recover from the injury and in many situations, it can take time for debilitating symptoms to present themselves. Additionally, brain injuries are one of the most expensive conditions to treat; around $60 billion per year, according to the National Center for Injury Prevention and Control. As a result, an attorney experienced with TBI and head injury cases can help his client calculate projected expenses to ensure the client receives just compensation.