Traumatic brain injuries (TBIs) are particularly dangerous because they can be difficult to detect from a visual observation or even from many medical tests. However, brain damage of any type can impact an individual for the rest of their life and even affect their ability to perform everyday tasks.
If you or a loved one sustained this type of harm in an accident caused by someone else, or suspect that you may have, you may be entitled to compensation for your losses. However, recovering damages in a brain injury case often requires help from an experienced attorney to effectively gather evidence and build a strong claim. Speak with a Miramar traumatic brain injury lawyer for free to learn your legal options and get compassionate guidance throughout your case.
Compensation in a Brain Injury Case
A traumatic brain injury victim may be entitled to various types of damages, depending on the facts of the case. These forms of compensation are classified as either economic or non-economic damages.
Medical Bills and Costs
A TBI victim may be able to recover all medical expenses related to the brain injury. This would include the costs of hospitalization, doctor visits, therapy, and rehabilitation both now and also in the future.
Lost Wages and Reduced Earning Capacity
A person suffering from a traumatic brain injury may be unable to work while they recover. A skilled TBI attorney can bring a claim for compensation to cover missed wages during this recovery period. Additionally, some traumatic brain injuries affect an individual for the rest of their life, making them unable to work in the same capacity as before. In these scenarios, an injured person may be entitled to compensation for their reduced earning capacity.
Non-economic damages can compensate an individual for lasting physical or emotional pain from their injury. TBIs, in particular, often come with these types of lifelong effects that only exacerbate the physical aspects of the injury. If an individual is unable to participate in the activities they enjoyed before their TBI at the same level, they may seek compensation for the loss of enjoyment of life.
Wrongful Death Due to TBI
If a traumatic brain injury results in death, survivors may be entitled to compensation, such as for funeral costs and loss of companionship in addition to the other categories of damages listed above.
Filing a TBI Claim in Miramar
Filing a claim for a TBI can be challenging, as insurance companies often try to discredit the injury to limit the amount of compensation they must pay. It is critical to work with a nearby attorney who understands how insurers operate and can bring an effective TBI claim. The Redondo Law team is experienced in traumatic brain injury cases and knows how to push back against aggressive insurance companies.
Establishing that a Traumatic Brain Injury Occurred
One of the main arguments that insurance companies often use to deny or underpay TBI claims is that the medical testing conducted on an injured person did not conclusively establish a brain injury. Although medical testing has come a long way over the years, evidence of traumatic brain injuries is often not visible or missed on certain diagnostic tests.
Due to the potential inaccuracies with diagnostic testing, medical professionals will also rely on an injured person’s medical history and their exam findings when diagnosing a brain injury. It is not uncommon for a traumatic brain injury to result in negative diagnostic testing results but still cause cognitive and functional impairment.
Establishing that a Brain Injury was Significant
Another common tactic that insurance companies and defense attorneys often use is to minimize the severity of a brain injury. However, a skilled attorney at our firm will collect evidence of the impact of a brain injury and protect a victim from any attempts to minimize the severity of their condition.
Contact a Miramar Traumatic Brain Injury Attorney for Help
TBIs are some of the most complex types of injuries, often making for difficult civil cases or insurance claims. While a brain injury may seem minor at first, it can lead to more serious symptoms over time, potentially requiring hefty medical costs and missed time at work.
A Miramar traumatic brain injury lawyer can help evaluate your case and seek the compensation you need to move forward with your life. Call the Redondo Law Team today and schedule a free consultation.