A brain injury could affect every aspect of a person’s life, including their motor skills, memory, and mental state. Tragically, the damage resulting from head trauma is permanent in many cases. Traumatic brain injuries are cumulative in their impact, and a person’s functioning is likely to deteriorate over time.
Nothing can replace what a traumatic brain injury takes away. However, if an injury results from an accident caused by another party’s negligence, an injured person could sue for damages. A successful lawsuit could provide compensation for an injured person’s medical expenses, reduced income, and pain and suffering.
If you sustained severe head trauma due to someone else’s negligence, a skilled catastrophic injury lawyer could help you hold the responsible party accountable for their reckless actions. Call a Watertown traumatic brain injury lawyer to assess your legal options.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) results from damage to the brain. The violent contact could be from a penetrating object like a knife or a sharp item from an explosion or car accident. Often, violent contact happens when an external force hits a person’s head and causes their brain to slam against their skull.
The impact to the brain often causes it to swell, which could impede blood flow and damage brain cells in the affected areas. If enough cells are damaged, the function that part of the brain controls will be affected. A mild concussion is a TBI, but so few brain cells die that most people recover quickly. However, several mild concussions could lead to permanent damage. Whether it is mild, moderate or severe, a traumatic brain injury can cause life-altering impacts.
According to the federal Centers for Disease Control (CDC), someone with TBI might suffer from seizures, cognitive decline, excruciating headaches, personality disorders, vision problems, motor control issues, and other conditions that leave them disabled. Sadly, life expectancy for someone who suffers from a TBI is nine years lower than the general population.
Common Causes of Traumatic Brain Injuries
The CDC reports that motor vehicle accidents and falls are two of the most common ways people sustain brain injuries. Sports and recreational activities are also everyday events that lead to TBIs, especially among young people. Quite commonly, whiplash and rapid acceleration/deceleration events can cause car accident victims to suffer permanent effects of mild or moderate traumatic brain injury.
Most of these accidents result from someone’s carelessness. According to the law, negligence is a failure to use the same degree of caution that a reasonably careful person would have used under similar circumstances. A reckless person is legally responsible for injuries they caused and must pay damages to cover an injured individual’s losses.
In some cases, an injured person’s conduct might contribute to an accident. However, if they are not primarily responsible for their injuries, the law allows them to seek partial damages from other negligent parties.
A seasoned attorney could review the circumstances of a TBI and determine whose negligence caused the injury. Most importantly, a seasoned TBI lawyer will know the right experts to retain and consult, including neurologists, neuro-radiologists, DTI experts, life-care planners, neuropsychologists, and economists.
Deadlines for Filing a Traumatic Brain Injury Lawsuit
Connecticut General Statutes §52-584 requires that injured parties file a lawsuit within two years of the event that caused the injury. In some circumstances involving minors or when a responsible party leaves a jurisdiction, the law allows an injured party more time to sue.
Despite the two-year statute of limitations for injury claims, a TBI victim might have less time to act. For example, if a person received a head injury in a fall on a sidewalk, they have only 90 days to notify the municipality of their claim. Similarly, if a person sustained brain damage after being struck by a state employee driving while on duty, they may have a year to notify the Claims Commissioner of their claim.
A knowledgeable attorney in Watertown could identify all potentially liable parties and take the necessary steps to ensure that deadlines are met within the appropriate time frame.
Pursue Your TBI Claim with a Watertown Attorney
If you or a family member suffered a TBI, you could seek compensation from the parties whose negligence caused the accident. Damages could cover medical expenses, lost income, and pain and suffering.
Talk to a Watertown traumatic brain injury lawyer about the options available to you. Reach out today to schedule a case review.
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