
Englewood Traumatic Brain Injury Attorney
Traumatic brain injuries are life-changing events that can dramatically affect a person’s future. When the injury is caused by another person’s negligence, the victim has legal options to hold the party responsible. Partnering with an Englewood traumatic brain injury lawyer can help you understand your options and seek justice. At Fair Squared Injury Law, we understand the stress you are under. Let us assist by handling your legal claim while you focus on recovery.
What Is a Traumatic Brain Injury?
Traumatic brain injury (TBI) develops when an outside force strikes the head and disrupts regular brain activity. TBIs result from external trauma while acquired brain injuries develop from internal medical conditions such as strokes or tumors. According to CDC data, Colorado had 3,776 TBI-related deaths from 2016-2018.
TBIs frequently result from events such as motor vehicle accidents, falls from heights, injuries sustained during sports activities and violent physical attacks. TBIs range from mild concussions to severe injuries, which can create prolonged unconsciousness or memory loss. In 2020, there were an estimated 214,110 TBI-related hospitalizations and 69,473 deaths in 2021 that were related to TBIs.
In Englewood, Colorado, the Traumatic Brain Injury Model Systems National Data and Statistical Center (TBINDSC) is a local location (at the Craig Hospital) for professionals in the Traumatic Brain Injury Model Systems (TBIMS) program to increase rehabilitation and advance scientific progression related to TBIs.
Proof in a TBI Case
When pursuing a claim for a TBI, certain things must be proven with evidence to show that another party is responsible for the injury. The following elements must be shown:
- A duty of care. The plaintiff must prove that the defendant owed them a duty of care.
- Breach of duty. The plaintiff must show that the defendant breached that duty.
- Causation. There must be a direct link to your injury and the breach of care.
- Damages. You must prove that you suffered damages (emotional, physical, or financial) as a result of the injuries.
Professional testimony becomes a key element in traumatic brain injury cases. Medical professionals evaluate the injury’s severity and outline the anticipated recovery path and potential long-term effects. Financial professionals evaluate the economic implications by examining potential future income and the costs of continued medical treatment. Strong case development depends significantly on these evaluations.
Traumatic Brain Injury
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Damages in TBI Cases
In the United States, the elderly and men are at a higher risk of experiencing a TBI. According to the CDC, males are twice as likely to be hospitalized from a TBI and three times as likely to suffer death as a result. In addition, those aged 75 or older have the highest rates of TBIs, accounting for 32% of hospitalizations and 28% of deaths.
When suffering a TBI, the injured party may be able to recover compensation for their damages. These damages include:
- Medical expenses. Medical expenses can cover hospital visits, prescription medication, surgeries, ongoing care, such as rehabilitation, and any necessary medical devices.
- Lost wages. If the TBI reduces a person’s ability to work, they may recover their lost wages. Lost wages covers both temporary time (such as needing to take off work for a few days to go to the hospital and recover) or permanent time (if the injury is severe enough to hinder the person’s ability to work as they did before).
- Pain and suffering. This covers both the physical pain and emotional suffering you endure because of the injury, including depression, anxiety, and PTSD.
- Loss of consortium. This compensates the family for any loss of companionship or support caused by the injury.
What To Do After a TBI
The proper actions taken immediately after a traumatic brain injury in Englewood can greatly influence both medical treatment results and legal results. Medical professionals should evaluate your condition right away even when symptoms appear to be mild.
Traumatic brain injuries can deteriorate progressively, which makes swift diagnosis and treatment essential for patient safety. Keep detailed documentation of the medical treatment you receive for the injury. Document the accident scene by photographing it and collecting witness contact information, as well as acquiring police or incident reports.
After your medical requirements have been taken care of, you should immediately contact a knowledgeable traumatic brain injury lawyer. An Englewood personal injury lawyer can take an initial look at your case and explain your legal rights while also showing you how to pursue compensation. You should not speak with insurance adjusters about your case nor make admissions that could harm your position.
Avoid sharing details about your accident or injury on social media platforms because these posts can be misunderstood and used as evidence to dispute your legal claim. Make sure to adhere fully to the medical recommendations and treatment schedules provided by your healthcare providers.
How a TBI Lawyer Can Help
A traumatic brain injury lawyer in Englewood assists victims in obtaining fair compensation through proving liability and collecting evidence while negotiating with insurance companies. They manage legal complexities to help victims obtain medical expense coverage and compensation for lost wages and long-term care needs. Traumatic brain injuries can drastically change a person’s life and complicate their recovery process while they face legal challenges.
FAQs
There is no average settlement for a traumatic brain injury case because each case is different and depends on a number of factors, such as injury severity along with medical costs, lost earnings, and long-term impacts. Permanent disability or cognitive impairment cases usually lead to larger financial settlements because of their severity. The final settlement amount depends on insurance policies in place, applicable state laws, and the overall strength of the legal case.
The compensation amount for traumatic brain injury takes into account medical expenses, rehabilitation requirements, lost income, and the injury’s impact on the victim’s quality of life. Serious cognitive or physical impairments can result in increased compensation that includes both prior and upcoming financial obligations. Determining compensation amounts includes evaluations of pain and suffering along with emotional distress and loss of enjoyment of life.
A person may fully recover from a traumatic brain injury depending on the injury itself, treatment, and the recovery process. Concussions and mild TBIs typically recover with adequate care over time, but moderate to severe injuries can cause permanent damage. While rehabilitation and medical support work to improve function in brain injury cases, certain individuals still experience lasting difficulties.
In Colorado, you typically have two years to file a claim for a traumatic brain injury. The clock usually begins on the date the injury occurred. It is important to note these deadlines because filing after the statute of limitations expires usually prevents you from obtaining compensation. Seeking immediate advice from an experienced personal injury lawyer can help you to submit your claim within the required time limits.
Contact Fair Squared Injury Law Today
The team at Fair Squared Injury Law is confident in our ability to provide compassionate, responsive, and effective legal counsel for the most challenging personal injury cases in Englewood and surrounding communities. You have a limited time in which to pursue your recovery, so contact our team today to schedule a free consultation with an experienced Englewood personal injury lawyer you trust with your case.
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