Traumatic brain injuries (TBIs) are a common result of accidents involving motor vehicles, pedestrians, construction sites, and falls. When a traumatic brain injury occurs, its effects are often not immediately known. What can become clear rather quickly, though, are the inevitable stacks of medical bills, as well as various questions about your ability to pay your living expenses, whether you ever will be able to return to work, and what you and your family will do if you cannot.
In this situation, a Somerville traumatic brain injury lawyer could preserve your rights to seek compensation for your injuries and hold negligent parties responsible for their actions. If you suffer a TBI and need help with an ensuing civil case, a skilled catastrophic injury attorney’s help is just a phone call away.
While a head injury initially may seem mild or appear to have no impact, symptoms can surface hours, days, or even weeks following a blow to the head. Even worse, while some people may recover from a concussion or other such mild traumatic brain injury in a matter of weeks, others may take months or years to heal. Severe TBIs can even render individuals completely disabled and unable to function independently.
Some common symptoms caused by traumatic brain injuries include:
Immediately following an accident that results in a head injury, a TBI victim’s prognosis may remain very unclear. Whatever their situation may be, though, victims of these types of injuries are likely to need assistance from a Somerville traumatic brain injury attorney if they wish to seek financial support via a civil suit.
Many accidents that result in TBIs are preventable, in that they are caused by the negligent actions of another person. For instance, car wrecks are typically caused by a negligent driver. The concept of negligence is the legal standard that governs many personal injury actions.
Individuals may be found negligent under Massachusetts law when they act in such a way that they have shown careless disregard for the safety of others. To sustain a legal action based on negligence, injury victims must prove the following:
If injury victims can prove the above elements of negligence, they may be entitled to compensation for their injuries related to the accident, including damages for medical expenses, hospital bills, rehabilitation costs, and general pain and suffering. A Somerville traumatic brain injury attorney could assist injury victims in pursuing whatever restitution they may be eligible for under their unique circumstances.
In some cases, insurance companies may dispute whether a defendant they represent was negligent in causing an accident or allege that the injury victim was at least partially at fault for the accident. Massachusetts is a comparative negligence state, which means that personal injury plaintiffs can still recover compensation for their injuries even if the defendant is only partially responsible for the accident. The only time that injury victims would not be able to recover damages would be if their degree of liability for the accident is greater than that of the defendant(s).
In this type of situation, a jury would make a determination about the injury victim’s percentage of fault for the accident and reduce the victim’s compensation accordingly. For example, if a jury found the injury victim to be 25 percent at fault for the accident, that would mean that plaintiff could only recover 75 percent of the total damages resulting from the accident.
Traumatic brain injuries can be extremely debilitating and may result in permanent impairments. If you or a family member sustained serious injuries in any type of accident, including or in addition to a TBI, you can take steps to safeguard your financial future and hold negligent persons responsible for their actions. Contact a Somerville traumatic brain injury lawyer and schedule an appointment today to see how you could work to protect your rights to compensation.