Each year, millions of people in the United States suffer a traumatic brain injury (TBI). According to the American Association of Neurological Surgeons (AANS), a TBI is a disruption in the normal function of the brain due to a blow or jolt to the head, the forceful impact of the head against an object, or the piercing of the skull with a foreign object. TBIs range in severity from mild and recoverable to severe. Mild cases may involve temporary symptoms such as brief unconsciousness, while severe instances can result in disability, coma, or death.
If you suffered a TBI or lost a loved one to the condition as a result of someone else’s negligence, an Altoona traumatic brain injury lawyer can help you determine if you can file a claim for your financial losses. Contact Berger and Green today at (412) 661-1400 to talk about your case for free with us.
How Traumatic Brain Injuries Occur
The Centers for Disease Control and Prevention (CDC) explains that, while TBIs due to intentional self-harm resulted in one-third of all TBI deaths in 2014, most TBIs occurred as a result of accidental or unintentional circumstances. About 1 in 5 TBIs suffered by children take place during sports and recreational activities, and most experience mild TBIs known as concussions. However, from 2006 through 2014, TBI-related emergency room visits, hospitalizations, and death increased by more than 50%.
Slip and Fall
In approximately half of all cases, falls were the leading cause of TBIs among all age groups in 2014, particularly older adults and young children, according to the CDC. Older adults, particularly women, experience changes in bone density that can make them more fragile and vulnerable to fractures, and babies are born with soft skulls that do not fully harden until around age two. Government agencies and property owners have a responsibility to keep their premises safe for everyone by taking steps to avoid preventable accidents, such as slips and falls.
Motor vehicle accidents ranked second among the top causes of TBIs in 2014, accounting for one in five TBI hospitalizations, according to the CDC. The sudden and unexpected impact of a collision most frequently leads to TBIs in adolescents and adults up to age 44. Car accidents account for a significant portion of both fatal and non-fatal TBIs, and victims who suffer these injuries due to another driver’s negligence may qualify for compensation.
When a manufacturer releases a product onto the market that contains an inherent, undisclosed danger, consumers who suffer TBIs as a result may have the option to pursue financial recovery for their injuries in a products liability case. Five criteria must be met to constitute a products liability case:
- The defendant sells a product that the plaintiff uses.
- The defendant is the commercial seller of the product.
- The plaintiff suffers an injury using the product.
- The item was defective when the plaintiff sold it.
- The defect caused the plaintiff’s injuries.
If you suffered a TBI or lost a loved one as the result of a slip and fall, car accident, or defective product, contact Berger and Green today at (412) 661-1400 to discuss your legal options with our team.
For a free legal consultation with a traumatic brain injury lawyer serving Altoona, call (412) 661-1400
An Altoona Traumatic Brain Injury Lawyer Can Help You Establish Liability
Not all victims of TBI qualify for financial recovery, but if the negligence of another person led to your condition or the loss of your loved one to a TBI, you may have a case. An attorney can help you determine if the property owner, government agency, driver, or manufacturer that caused your injuries or loss can be held liable for your damages by helping you establish fault.
While investigating your case, our attorneys may gather evidence such as medical records, police reports, and witness testimonies to help prove the negligence of the other party. By confirming that the party had a responsibility to provide for your safety within reason and breached that duty to you, which led to your injuries or the loss of your loved one and subsequent damages, your attorney can prove liability so that you may seek financial awards.
Altoona Traumatic Brain Injury Lawyer Near Me (412) 661-1400
Recoverable Damages in Traumatic Brain Injury Cases
Compensation types and amounts vary depending on the circumstances of each case, such as shared liability and the extent of the injury. Awards you may receive include financial recovery for:
- Emergency medical treatments
- Follow-up and ongoing medical care
- Lost wages
- Loss of earning capacity
- Funeral and burial costs
- Pain and suffering
An Altoona traumatic brain injury lawyer cannot promise that you will receive a certain amount of compensation, but they can thoroughly evaluate your damages and seek fair financial awards accordingly.
Pennsylvania’s Statute of Limitations on Traumatic Brain Injury Claims
If you are eligible to file a claim for a TBI resulting from negligence, Pennsylvania law allows a certain time frame during which you can do so. Under 42 Pa.CS §5524, victims may have up to two years after the incident to file a personal injury claim for the TBI they suffered, and personal representatives of deceased victims may have up to two years after the victim’s passing to file a wrongful death claim against the at-fault party in their case. If the victim died without a will, a loved one may volunteer to serve as a personal representative, or the court may appoint one.
The law does have exceptions in certain circumstances, such as if the victim was a minor at the time of the accident. In these cases, victims typically have up to two years from the date of their eighteenth birthday to file their claims. Unfortunately, the claims process often involved complex procedures that victims and their families find difficult to navigate, but a lawyer can help you determine how much time remains to file a claim in your case so you can get started as soon as possible.
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Get Started on Your Case Today with Berger and Green
When traumatic brain injury results from another person’s negligence, victims may have the opportunity to seek compensation from them for the financial losses they accumulated because of their injury. If you or a loved one suffered a preventable TBI, the lawyers at Berger and Green can help you seek financial awards for your damages.
Call our legal team anytime at (412) 661-1400 to get started on your free case evaluation.