Compensation for a Traumatic Brain Injury
Because a traumatic brain injury can have such wide-ranging and long-term effects on a victim’s life, compensation needs to be comprehensive. An insurance company may offer you a fast settlement to cover immediate medical expenses, but you and your family need to think about the future.
Our experienced head injury attorneys will thoroughly evaluate all the ways in which your injury will affect you ─ both now and in the future. We will work with medical specialists and other experts to support your claim for maximum compensation.
Depending on the circumstances of your case, we may demand payment for:
- Medical bills, including the costs of emergency care, surgeries, hospital stays, and doctor visits
- Rehabilitative therapy, including physical therapy, occupational therapy, etc.
- Counseling for your mental and emotional recovery
- Long-term care needs, such as assisted living facilities
- Past and future lost wages
- Property damage, such as in motor vehicle accidents
- Pain and suffering
- Loss of companionship with a spouse or partner
- Emotional distress
Kentucky law also allows a person to recover punitive damages when a defendant acted with oppression, fraud, or malice. These damages are intended to punish defendants for unforgivable conduct.
People who have suffered head injuries frequently have a solid foundation for filing a brain injury lawsuit. However, many cases are resolved through settlements rather than going all the way to trial. This is because insurance companies for the negligent parties often find settling out of court to be cheaper and less risky than going to trial.
At Morgan, Collins, Yeast & Salyer, our TBI lawyers are skilled negotiators and respected litigators, so we will be prepared to fight for your best interests no matter what.
Symptoms of a Traumatic Brain Injury
There are many symptoms that can signal a traumatic brain injury. The Mayo Clinic states that physical symptoms of mild TBIs can include:
- Brief loss of consciousness
- States of confusion and disorientation
- Nausea or vomiting
- Fatigue and drowsiness
- Speech problems
- Difficulty sleeping
- Blurred vision
- Ringing in the ears
- A bad taste in the mouth
- Changes in the ability to smell
- Sensitivity to light or sound
With brain injuries that are classified as moderate to severe, the loss of consciousness could be much longer and headaches may be more persistent. Victims could also suffer from:
- Convulsions or seizures
- Fluid that drains from the nose or ears
- Weakness or numbness in the fingers and toes
- Possible lack of coordination
- Slurred speech
Some victims may be in a vegetative state or minimally conscious state. Many others deal with cognitive problems and issues with basic functioning.
Treatment for Traumatic Brain Injury
Treatment for so-called mild brain injuries, such as concussions, usually starts with rest and possibly over-the-counter pain relievers. A doctor will let a person know when it safe to resume work and recreational activities again.
With a moderate-to-severe TBI, the nature of care could be completely different. Doctors will focus on making sure a victim is getting enough oxygen to the brain, as well as a proper blood supply.
Victims with moderate-to-severe brain injuries may be administered a number of drugs, including diuretics, anti-seizure drugs, or coma-inducing drugs.
Surgery could also be required if:
- Hematomas need to be removed
- A window to the skull needs to be created
- There is bleeding in the brain
- Skull fractures need to be repaired
Many TBI victims will require lengthy terms of rehabilitation, and they may work with a number of experts, including physical, occupational, and recreational therapists. Some people could also work with psychiatrists, social workers, or neuropsychologists.
TBI victims also frequently join support groups that allow them to discuss many other issues that they are dealing with relative to their injuries. Support groups help victims learn new ways to cope with certain problems.
Types of Brain Injury
While brain injuries are often classified as being mild, moderate, or severe, there are also specific kinds of TBIs. They include:
- Concussion. Concussions are the most common types of brain injuries. They are often the result of mild blows to the head. Recovery typically takes a matter of days.
- Penetration injury. A penetrating brain injury involves some kind of object actually entering a person’s skull and impacting the brain.
- Contusion. Contusions are essentially severe concussions, but they are more localized injuries that pose a greater danger because of possible blood clotting issues.
- Coup-contrecoup. Coup-contrecoup injuries involve contusions both at the site of impact and the opposite side of the brain. This is generally the result of a force strong enough to cause a contusion at the site of impact, along with a second contusion as the brain strikes the opposite side of the skull.
- Diffuse axonal. A diffuse axonal TBI refers to the tearing of nerve tissue in the brain that results in a brain lagging behind the movement of the skull. It can be the result of shaken baby syndrome.
- Hypoxia. Hypoxia refers to deficiency in the amount of oxygen reaching the tissues of the body. A hypoxic brain injury, therefore, involves a lack of oxygen to the brain.
- Anoxia. Anoxia is a complete absence of oxygen, and therefore a severe form of hypoxia. Anoxic brain injury occurs when the brain is completely deprived of oxygen. Without oxygen for too long a period, the neural cells will quickly begin to die off.
How a Kentucky Brain Injury Attorney Can Help You
A brain injury can trigger long-term changes in your life, including the way you behave. You may have less self-control and lower capacity to be caring toward other people. It can damage your relationships. It can leave you in need of constant supervision.
The costs, both emotional and financial, are high.
Some resources are available through programs like the Kentucky Traumatic Brain Injury Trust Fund, but people often find they need financial help beyond what’s offered by the state.
When everyday, hardworking people are hurting, the Kentucky brain injury attorneys at Morgan, Collins, Yeast & Salyer step up to help. Our traumatic brain injury law firm has the skills to handle every aspect of your case, including pursing a personal injury lawsuit, filing for Social Security Disability benefits, and seeking workers’ compensation, if applicable.
Tell us about your case now in a free consultation.