The brain is one of the body’s most vital organs, and any injury to this area can cause life-altering damage to your physical and mental health. Brain injuries are associated with natural causes, but they can also be the result of accidents that are caused by negligence and misconduct.
When another party is liable for the injuries you’ve suffered, you may have grounds to file a personal injury lawsuit. However, the legal system can be quite complicated and succeeding in a compensation claim is much harder than most people realize. Normandie Law Firm is here to help, with decades of experience in the recovery of settlements for accident victims with brain injury. To learn more about the compensation you may be entitled to, contact our office as soon as possible.
What is Traumatic Brain Injury?
Injuries to the brain are caused by significant trauma, such as a blow to the head, penetration by an object, or damage over an extended period of time (from lack of oxygen, for example). When you have a traumatic brain injury, the normal functioning of the brain is altered, thereby leaving you with various impairments and health issues.
Patients can suffer from mild, moderate, or severe TBI, which is based on the extent of injury and the area of the brain that is affected. Those with serious brain injuries face the greatest risk of death and permanent disability. However, even those with milder forms of brain damage typically experience the following symptoms:
- Loss of memory
- Irritability / frequent mood swings
- Anxiety or depression
- Poor concentration
- Fatigue / drowsiness
- Light sensitivity and/or sensitivity to noise
- Confusion
These symptoms should go away or decrease in frequency over time. However, severe cases of TBI will likely have devastating consequences for the individual. These patients typically need lifetime care and medical treatments, due to extensive brain damage that takes away their ability to live independently. Such injuries also cause significant disruptions to your career (losing the ability to work, for example) and relationships with loved ones.
In the upcoming sections, we will talk about the average time it takes to get better from a traumatic brain injury. Keep in mind, however, that the cost of recovery is expensive, even in cases of mild injury to the brain. That’s why you should explore your rights and legal options during a free case evaluation with one of our attorneys.
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Mild TBI Recovery Time – How Long Does it Take?
Those with mild cases of TBI will experience a relatively fast recovery time. Many patients recover within a week of the injury, though symptoms can last for up to a month. During this time, you should get plenty of rest and avoid strenuous or stressful activities if at all possible.
Always remember that it takes time and effort to go back to the way you were before a brain injury. Don’t be discouraged because it’s taking you longer than normal to regain the level of function you had before your accident. Doing so will exacerbate your injury and make it more difficult to move forward with your life.
Recovery Time for Moderate to Severe Brain Damage
Those with moderate TBI may lose consciousness for a day or so, while severe injury to the brain involves a loss of consciousness beyond 24 hours. The patient will probably have swelling or bleeding of the brain as well, which are life-threatening conditions that must be treated right away.
Memory loss is very common in people with moderate traumatic brain injury. This problem can last up to a week, or as little as one day, but the good news is, it’s only temporary. Unfortunately, patients with severe TBI will likely end up with long-term or permanent memory loss.
The amount of time to recover from moderate to severe TBI depends on various factors, including pre-existing medical conditions and how quickly the patient was able receive medical attention. Support from family and friends is a critical factor as well, though additional help, such as a home health aide may be needed at some point.
Frankly, it’s impossible to pinpoint an average length of time for how long it will take someone to recover from a serious brain injury. For some patients, they may see improvement within a few months, while it can others several years before they notice a change for the better.
Common Causes of Brain Injuries
Injury to the brain can happen for many reasons, and some of these are natural causes, like stroke or infection. Others are caused by accidents that have a traumatic impact on your brain. These include, but are not limited to:
- Car accidents
- Slip and fall / trip and fall
- Workplace accidents
- Medical malpractice – birth injuries, surgical errors, administering wrong medication or too much medication
- Defective product accidents
- Assault and battery – beaten / shot during a robbery, excessive force by security guards, police brutality, assault during a landlord-tenant dispute, etc.
Such accidents are usually the result of reckless or careless conduct (negligence) by an individual or entity. For example, someone slips on water and falls down on the floor because there was water leaking from a broken air conditioner. The store owner failed to exercise reasonable care in order to ensure the safety of their customers, which constitutes negligence under the law of premises liability. Thus, the injured customer has a right to demand monetary damages from the store owner.
Compensation from a Traumatic Brain Injury Lawsuit
Monetary damages from a personal injury lawsuit are meant to cover the costs resulting from your accident. This includes economic damages, like medical expenses, lost wages from your job, and value of damaged or lost property. In addition, you may be entitled to non-economic damages, which provides compensation for mental anguish, pain and suffering, and other non-tangible losses.
The total sum of your available damages will determine the amount you are eligible to receive from a brain injury accident claim. Based on the degree of injury and long-term complications, settlements can range from $195,000 to $5,000,000 or more. Case values are highest for victims with severe brain damage, as they will need lifetime medical care. They may also require help from a full-time nurse or home health aide, and modifications to their home may be needed to make it handicap-accessible. Loss of future income is another critical factor, as they will most likely lose their ability to work.
There are many other factors that affect the amount of compensation you deserve if someone else’s negligence caused you to suffer a brain injury. Our lawyers are here for you, so don’t hesitate to contact us if you would like to learn how much you can receive from a traumatic brain injury case.
Length of Time to Settle a Brain Damage Accident Claim
Here at Normandie Law Firm, our goal is to resolve your case in a timely manner, while recovering a settlement that reflects the extent of your harm and suffering. Unfortunately, this process can take longer than expected, especially in cases where the victim has a brain injury. For one thing, it can take months to determine the severity of your injuries and future health issues you may experience. Then, we will have to negotiate with the defendant to see if we can reach a settlement without the need for a lawsuit. At some point, a lawsuit may be the only option, and this can add one or more years to the process of resolving a personal injury claim. Though we strive to bring closure to all cases within 6 months, it can sometimes take up to several years to settle an accident claim for a brain injury.
What is the Statute of Limitations for a TBI Lawsuit?
Typically, accident victims have two years from the date of injury to seek compensation from the negligent party. Our lawyers can provide you with an explanation of extenuating circumstances that will allow for an extension beyond the 2-year deadline. However, an extension is very difficult to obtain, so it’s in your best interest to file a lawsuit within two years of the accident date. To get started on a traumatic brain injury claim, please give us a call at your earliest convenience.
Help from a Lawyer with Experience in Brain Injury Cases
When you are dealing with a catastrophic injury, it’s essential to learn about your rights and legal options from an experienced accident injury attorney. The legal team of Normandie is ready to answer your questions and help you determine the best legal strategy for a successful lawsuit. Our lawyers are here for you, even if you have a pending claim with another law firm. Please take the opportunity to contact us, whether you need a free case review or free second opinion on a personal injury lawsuit.
We will never ask for any payment from you if you decide that we are the best law firm to represent you. Instead, we will ask that all legal fees are paid by the defendant as a part of your settlement award. In essence, we get paid at the same time you do, which is the principle behind the Zero Fee Guarantee we offer each and every client.
The brain injury lawsuit attorneys of Normandie are waiting to speak with you, so contact us right away to schedule a free consultation.
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