According to the Centers for Disease Control and Prevention (CDC), traumatic brain injury (TBI) is a major cause of disability and mortality in the United States. The condition often results from a sudden blow to the head, and injuries can be mild to severe. Many require emergency room care or hospitalization; in fact, emergency medical staff throughout the U.S. treated nearly 3 million TBI-related injuries in 2014 alone, and rates of reported TBI continue to increase.
Although not all can be prevented, many TBI victims suffer because of someone else’s failure to consider the safety of those around them. If you or someone you love developed a TBI due to an accident, crime, defective product, or another form of negligence, a Cranberry Township traumatic brain injury lawyer can assist you in seeking financial recovery. Contact us today at (412) 661-1400 to talk to our legal team about your case.
Traumatic Brain Injuries Often Have Lasting Effects on Victims
Anyone can suffer a TBI, which can range drastically from mild to severe. Mild cases include concussions, which often cause symptoms such as headache, nausea, or fatigue that typically go away on their own. However, some concussions leave the victim with long-term complications such as vertigo, and having suffered one concussion may put the victim at a higher risk of experiencing dangerous brain swelling if they suffer another.
In more severe cases, TBI can lead to permanent brain damage that affects the way a person can function for the rest of their life. Some of the potential complications associated with a moderate TBI include seizures and infections, and a severe TBI can lead to a coma, vegetative state, or even death.
For a free legal consultation with a traumatic brain injury lawyer serving Cranberry Township, call 412-219-5084
Traumatic Brain Injuries Can Occur Under Many Circumstances
Young children and older adults have the highest risk of suffering a TBI, which can take place in many types of situations. Mayo Clinic lists some of the most common causes of TBI, which include:
- Vehicle accidents
- Violent crimes
- Explosive blasts
While the circumstances that lead to a TBI are not always intentional, they may occur because of someone else’s negligence. In traffic collisions, unsafe work environments that lead to accidents, and slips and falls, for example, someone may not have taken the precautions necessary to prevent injury and may therefore face legal action.
In other cases, such as assault, blatant recklessness can cause a TBI, which can leave the victim with significant physical pain and financial damages. The liable party in these cases often face criminal charges, but victims may still pursue civil claims against them to recover financial awards for their injuries. If you suffered a TBI or lost a loved one to TBI complications, contact the legal team at Berger and Green today at (412) 661-1400 for a free consultation.
Cranberry Township Traumatic Brain Injury Lawyer Near Me 412-219-5084
A Cranberry Township Traumatic Brain Injury Lawyer Can Help You Prove the Negligence of the Liable Party
If you believe that another party holds responsibility for the TBI you or your loved one suffered, a lawyer can help you determine if you have a case. We will start by investigating the incident that led to the injury, gathering evidence to establish liability, and evaluating the damages you incurred because of your injury or loss.
The Criteria for Negligence
Pursuing financial recovery requires that you first establish the negligence of the liable party in your case by proving that:
- The party had a duty of care to the victim
- The party breached their duty of care
- The breach led to the victim’s injuries
- The victim’s injuries led to significant damages
This process can be difficult for victims and their families to undertake on their own, especially if manipulative insurance adjusters and their legal teams attempt to blame the victim for their own injury or downplay its effects. A Cranberry Township traumatic brain injury lawyer can help you prove that the at-fault party’s behavior met all four criteria for legal negligence.
Certain Types of Evidence May Help Build Your Case
Your lawyer can help strengthen your case by collecting evidence from you and other parties involved to demonstrate liability and prove the extent of your injuries. The types of evidence they may gather depend on your specific case and how the TBI occurred, but they may include:
- Medical records
- Police reports
- Financial statements
- Witness testimony
- Surveillance video
- Cell phone records
- Photos of the scene and/or injuries
Victims may also be asked to provide a statement or answer questions about the incident. If this applies to you, your lawyer will give you detailed information on what to expect and help you prepare so you can feel confident relaying the facts in your case.
You May Qualify for Financial Recovery
TBI victims and surviving family members often seek our assistance in pursuing financial awards for the losses they suffered due to the injury. There is no standard award amount, as the types of financial recovery a claimant may qualify for depends on the details of their case. If you are eligible, your settlement may include compensation for:
- Past, current, and future medical care
- Lost wages if the victim could not return to work during recovery
- Loss of future wages if the victim suffered a fatal TBI or cannot return to work permanently
- Pain and suffering
- The cost of a funeral and burial
Your lawyer will assess the value of your damages and fight for just compensation on your behalf.
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Pennsylvania Statute of Limitations on Traumatic Brain Injury Claims
Even those who qualify for financial recovery in their traumatic brain injury case have a limited amount of time to do so under Pennsylvania law. Under most circumstances, Pa. C.S.A. § 5524 allows victims to file a personal injury claim within two years of suffering their TBI and the personal representative of the victim’s estate to pursue a wrongful death claim within two years of the date of their loved one’s passing. Our lawyers recommend getting started on your case as soon as possible to avoid missing the filing deadline.
Contact Our Team Today for Your Free Consultation
If you were diagnosed with a traumatic brain injury or lost a loved one to the condition after an incident caused by someone else’s negligence, Berger and Green will help you file your claim and navigate the process for you throughout the entirety of your case so you do not have to worry about managing your case on your own. Call our legal team as soon as possible at (412) 661-1400 to take the next step in your case.