0
0
A brain injury claim occurs when an individual sustains trauma to the head due to an accident caused by another party’s negligence. Because it takes into account the damage’s possible long-term ramifications, this kind of personal injury claim is extremely complicated.
The negligent party is legally responsible for compensating the victim for the accident’s immediate and future damages.
The repercussions of such injuries can have long-lasting effects, impacting the victim’s life indefinitely. In the United States alone, around 1.7 million Americans sustain traumatic brain injuries annually, as reported by California’s Department of Rehabilitation.
These statistics highlight the prevalence of such incidents and the need for understanding and addressing the legal aspects surrounding brain injury claims. Victims need to navigate the processes effectively for fair compensation.
The Different Categories of Brain Injuries
Brain injuries resulting from car accidents can vary in severity and fall into different categories. Understanding these categories is essential when determining the type of brain injury claim to file.
The first is traumatic brain injury (TBI), a head injury caused by sudden and forceful impacts to the head or skull.
It can occur due to falls, car accidents, blasts, combat, or sports activities that penetrate the brain tissues, resulting in closed or open head wounds or skull fractures. TBI encompasses various specific injuries such as concussions, contusions, and penetration injuries.
Experts further classify TBI into mild and moderate to severe cases. Mild TBI generally heals over time but causes temporary brain dysfunction, lasting from a few hours to days. On the other hand, moderate to severe TBI has long-lasting effects and can even be fatal.
The second category is anoxic brain injury. You suffer this type of damage when the brain is robbed of oxygen for an extended period, resulting to cell death and permanent brain damage if not promptly treated.
Anoxic brain injury can result from strangulation, anaphylactic shock, drug overdose, stroke, drowning, or a violent blow to the throat.
The third is a hypoxic brain injury, similar to an anoxic brain injury. However, the brain still receives limited oxygen at dangerously low levels. Hypoxic brain injury can result from inhaling carbon monoxide during a fire, being at high altitudes, choking, strangulation, anesthetic errors, or asthma attacks.
Regardless of the personal injury claim, experts consider brain injuries from car accidents severe because they can significantly impact the victim’s quality of life or even lead to loss of life.
Understanding the Numbers of Brain Injury Claims
When calculating damages in a brain injury claim, lawyers consider the victim’s physical and emotional injuries. You can file for either general damages or special damages.
General damages are non-economic and cover the victim’s pain and suffering resulting from the injuries. It compensates the victim for mental and physical issues directly related to the accident, including mental anguish, mental health issues, reduced quality of life, disfigurement or physical impairment, and current and future physical and emotional suffering.
Calculating the monetary value of these injuries can be challenging due to their intangible nature, often requiring expert assessment based on the severity of the damage.
Special damages are economic damages that cover the financial aspects of the injury, including medical bills incurred from the accident, lost earnings, property damage, and present and future expenses for maintenance or ongoing treatments. These are relatively easier to calculate as the victim can provide supporting documents, such as receipts, to establish the monetary value of the losses.
Learn more in-depth information regarding brain injury claims in the infographic below!
