A brain injury is one of the most serious consequences of an accident. There is no such thing as a minor brain injury.
Unfortunately, many people never fully recover from a brain injury. Some may lose critical functioning, such as their ability to concentrate or even talk. If you or a loved one has suffered a brain injury in an accident, you may be entitled to significant financial compensation.
First, you need to go through a lengthy legal process that is often difficult. The Philadelphia brain injury lawyers at Gibbons Legal will make your case our cause. Call us today for a free initial consultation.
Serious Brain Injuries That Can Leave Lasting Effects
The brain is not like any other part of your body. The brain may never fully heal when there is a bruise or bleeding. There are only two areas of the brain where tissue can regenerate.
Otherwise, once brain tissue dies, the functions it controls may be lost permanently.
Generally, there are two primary types of brain injuries:
- Closed-head injuries are when there is a non-penetrating injury that is caused by trauma or sudden movement
- Open-head injuries are when there is penetration of the skull
Here are some examples of brain injuries that you may suffer in an accident:
- Edema is when the brain swells, and the skull cannot expand to accommodate the swelling in the brain. The swelling can create large areas of ischemic brain tissue.
- Diffuse axonal injuries are when the brain’s connecting nerve fibers are torn, leading to the loss of certain functions.
- Hematomas are when blood pools under the brain. Bad bruises on the brain are far more serious than when they occur in the rest of the body, and they can lead to serious side effects.
- Concussions are when the brain is shaken violently or when the head is bumped. Some may heal from concussions, while others may experience lingering difficulties.
Common Causes of Brain Injuries
The most common cause of a serious brain injury is a slip and fall. Nearly half of TBIs are the result of a fall. In addition, trauma, such as a blow to the head, could lead to an injury.
Brain injuries can occur in a number of settings, including:
No matter the cause of your injuries, you may be able to obtain compensation when your injury was because of someone else’s actions.
Compensation for a Brain Injury
If you have suffered a traumatic brain injury, there are a number of potential routes to compensation. Everything depends on how the injury happened.
If you have been injured on the job, you would need to file a workers’ compensation claim. You would be paid a portion of the wages that you were unable to earn by working. You could negotiate a settlement agreement that would pay you everything upfront in a lump sum. Disability insurance does not cover work-related injuries.
If your injury occurred in an accident, you may qualify for disability benefits when you cannot work. However, if you negotiate a personal injury settlement, the disability insurance provider must be reimbursed for what they have already paid toward your claim. In addition, disability insurance companies are very strict in determining when you cannot work.
If you are filing a third-party personal injury lawsuit, you could be entitled to substantial financial compensation. The medical costs associated with your injury alone will be significant. You could incur hundreds of thousands of dollars in medical expenses before you even leave the hospital.
There are estimates that the lifetime costs of caring for someone with a brain injury can approach $2 million.
In addition to medical costs, you could be entitled to the following damages for a brain injury in Pennsylvania:
- Lost wages
- The cost of personal home care
- Pain and suffering
- Loss of enjoyment of life
- Embarrassment and humiliation
- Scarring and disfigurement
When you are dealing with a serious injury, you need to be extremely precise about your damages so your family does not run into money issues in the future.
We can work with experts to evaluate your claim and estimate your damages, including:
- Medical experts who state what care you would need in the future
- Vocational experts who would give their opinion about what you could have earned
- Life care planning experts who can explain what care you may need in the future
- Economic experts who would estimate how inflation would affect the value of your settlement
How Gibbons Law Can Help You
It is very difficult to handle a legal claim for a brain injury on your own under less challenging circumstances. The insurance company is motivated to give you as little as possible. They will put up as many barriers in your way as they can, knowing that you may not have the knowledge of the law or the capacity to challenge them.
Everything changes when you hire a strong personal injury lawyer. Our Philadelphia injury attorneys can help you in many ways, such as:
- Investigating the cause of your accident and compiling the proof that you need to show who was to blame
- Dealing with the insurance company on your behalf so they cannot pressure you directly
- Handling the entire claims or lawsuit process from beginning to end
- Negotiating to get you the most possible money or trying to persuade the jury to award you the damages that you deserve
You only get one chance to settle a brain injury claim, and you must make the most of it. Once you have signed away your legal rights in a settlement agreement, you do not get a second chance.
Contact a Philadelphia Brain Injury Lawyer at Gibbons Legal
You need legal help at the first possible opportunity after you have been injured in an accident.
Your ability to receive a settlement and the amount of money you may get are at stake.