Brain Injury After an Accident: When to Call a Lawyer

An accident can change your life in an instant. While visible injuries like broken bones and cuts are immediately apparent, some of the most severe damage can be hidden. Brain injuries are a devastating consequence of many accidents, often with symptoms that develop over hours or even days. Understanding the nature of these injuries and knowing your legal rights is crucial for recovery. If you or a loved one has sustained a head injury, knowing when to contact a skilled brain injury lawyer can make all the difference in securing your future.

Understanding Brain Injuries from Accidents

A brain injury occurs when an external force causes damage to the brain. These injuries range from mild, temporary disruptions of brain function to severe, life-altering trauma. The two most common categories are concussions and more severe Traumatic Brain Injuries (TBIs).

Concussions

A concussion is often considered a “mild” TBI, but its effects can be serious. It happens when a blow to the head or a sudden jolt causes the brain to move rapidly back and forth inside the skull. This movement can stretch and damage brain cells, leading to chemical changes in the brain. While a single concussion may resolve with rest, repeated concussions can have long-term cumulative effects. Filing a concussion accident claim is important to cover medical costs and lost wages, even if the injury seems minor at first.

Traumatic Brain Injuries (TBI)

A Traumatic Brain Injury (TBI) is a more severe form of brain damage. TBIs are classified as mild, moderate, or severe.

• Mild TBI: This is essentially a concussion, where the person may experience a brief loss of consciousness or feel dazed and confused.
• Moderate TBI: This involves a loss of consciousness that can last from several minutes to hours, with confusion lasting for days or weeks. Physical, cognitive, or behavioral impairments can last for months or be permanent.
• Severe TBI: This results from a crushing blow or penetrating wound to the head. It often leads to a prolonged period of unconsciousness (coma) or amnesia. Long-term recovery is extensive, and many individuals face permanent disabilities.

A dedicated traumatic brain injury attorney is essential for cases involving moderate to severe TBIs, as they understand the lifelong impact these injuries can have.

Common Causes of Accident-Related Brain Injuries

Brain injuries can result from various types of accidents, many of which are caused by another party’s negligence.

• Car, Truck, and Motorcycle Accidents: The violent forces involved in vehicle collisions are a leading cause of TBIs. Whiplash, direct impact with the steering wheel or dashboard, or being ejected from a vehicle can all cause severe brain trauma.
• Slip and Fall Accidents: A simple slip on a wet floor, an icy sidewalk, or a poorly maintained staircase can cause a person’s head to strike the ground with significant force, leading to concussions and other TBIs.
• Workplace Incidents: Construction sites, warehouses, and industrial settings present numerous risks. Falls from heights, being struck by falling objects, and machinery malfunctions can all result in serious head injuries.
• Acts of Violence: Physical assaults can inflict direct trauma to the head, causing significant and lasting brain damage.

Signs and Symptoms of a Brain Injury

The signs of a brain injury are not always obvious immediately following an accident. Symptoms can be subtle and may take time to appear. It is vital to monitor for any changes in physical, sensory, and cognitive function.

Physical Symptoms

• Headaches that worsen or do not go away
• Nausea or vomiting
• Fatigue or drowsiness
• Dizziness or loss of balance
• Seizures or convulsions
• Numbness or weakness in the fingers and toes

Sensory Symptoms

• Blurred vision or other vision problems
• Ringing in the ears (tinnitus)
• Sensitivity to light or sound
• Changes in the ability to smell or taste

Cognitive or Behavioral Symptoms

• Memory or concentration problems
• Mood changes or swings
• Feeling depressed or anxious
• Confusion or disorientation
• Difficulty sleeping or sleeping more than usual

If any of these symptoms appear after an accident, seek medical attention immediately. Early diagnosis and treatment are critical for maximizing recovery.

Why Immediate Medical Attention is Non-Negotiable

After any accident involving a blow to the head, seeking a medical evaluation is the most important first step. Even if you feel fine, some brain injuries, like an epidural hematoma (bleeding on the brain), can have a delayed onset of symptoms and quickly become life-threatening.

A medical diagnosis also creates a formal record of your injuries. This documentation is essential evidence if you decide to pursue a legal claim. Without a medical record linking the injury to the accident, it becomes much more difficult for a brain injury lawyer to prove your case.

When and Why to Contact a Brain Injury Lawyer

You should consider contacting a lawyer as soon as possible after a brain injury diagnosis. The legal process can be complex, and insurance companies often try to minimize payouts. An experienced attorney protects your rights and fights for the compensation you deserve.

How a Lawyer Can Help Your Claim

1. Investigating the Accident: A lawyer will gather evidence to establish who was at fault for your accident. This includes obtaining police reports, interviewing witnesses, and consulting with accident reconstruction experts.
2. Calculating the Full Value of Your Claim: Brain injuries often require long-term medical care, rehabilitation, and may result in a permanent inability to work. An attorney works with medical and financial experts to calculate the total impact of your injury. This goes beyond immediate medical bills to include future care, lost earning capacity, pain and suffering, and loss of enjoyment of life. This comprehensive assessment is crucial for determining a fair TBI settlement value.
3. Navigating Legal Complexities: A traumatic brain injury attorney understands the specific laws and procedures related to personal injury claims in your state. They handle all filings, communications, and negotiations on your behalf, allowing you to focus on your recovery.
4. Negotiating with Insurance Companies: Insurers are businesses focused on their bottom line. They may offer a quick, low settlement that does not cover the full extent of your damages. Your lawyer will advocate for you, countering lowball offers and negotiating for a fair settlement.
5. Representing You in Court: If a fair settlement cannot be reached, your lawyer will be prepared to take your case to trial to fight for the compensation you are owed.

Choosing the Right Brain Injury Attorney

Not all personal injury lawyers have the specific experience needed to handle complex brain injury cases. When searching for representation, look for an attorney or firm with:

• Proven Experience: Ask for their track record with TBI and concussion accident claim cases. Have they successfully secured significant settlements or verdicts for clients with similar injuries?
• Medical Knowledge: A top brain injury lawyer will have a deep understanding of the medical aspects of these injuries and a network of trusted medical experts to consult.
• Resources: These cases can be expensive to litigate. Ensure the firm has the financial resources to hire the necessary experts and see your case through to the end.
• Contingency Fee Basis: Most reputable personal injury attorneys work on a contingency fee basis. This means you do not pay any fees unless they win your case.

Take the Next Step to Protect Your Future

Living with a brain injury is a difficult journey, both for the victim and their family. The physical, emotional, and financial burdens can be overwhelming. You do not have to face this challenge alone. By securing expert legal representation, you can ensure your rights are protected and that you receive the financial resources needed for the best possible recovery.

If you or a loved one has suffered a head injury in an accident caused by someone else’s negligence, do not wait. Contact an experienced brain injury lawyer to discuss your case and explore your legal options.