Traumatic brain injuries (TBIs) are an all-too-common tragedy in the United States. According to the Centers for Disease Control, TBIs resulted in around 214,000 hospitalizations in 2020 and nearly 69,500 deaths in 2021. As concerning as these numbers are, they also dramatically undercount the true scope of the problem, as they do not include TBIs treated in emergency rooms, urgent care centers, or primary care physicians’ offices.
If you’ve suffered a TBI in an accident someone else caused, you may have a legal claim against those responsible for the accident or liable for your expenses or losses. Here’s what you need to know about proving their liability and calculating the amount they owe you.
Understanding Traumatic Brain Injuries
A traumatic brain injury occurs when a person suffers a blow to the head or body that either causes physical damage to brain tissues or otherwise changes brain function. Traumatic brain injuries range in severity from mild injuries that resolve in a matter of days or weeks to severe injuries that require intensive medical treatment and cause permanent disabilities. Common traumatic brain injuries that occur in accidents include:
- Concussions
- Contusions (brain bruise)
- Hemorrhage (brain bleed)
- Hematoma (buildup/clotting of blood)
- Penetrating brain injury
- Hypoxic/anoxic brain injury
- Diffuse axonal injury
How to Prove Liability for a TBI You Suffered in an Accident
You will need considerable evidence to prove that someone else caused the accident that led to your TBI. Depending on the circumstances, this might include:
- Accident or incident reports
- Photos of the accident scene and your injuries
- Medical records
- Eyewitness testimony
- Testimony by experts in fields like neurology and accident reconstruction
Pursuing Financial Recovery for a Traumatic Brain Injury
In a traumatic brain injury claim, you may have the opportunity to recover compensation for ongoing and future expenses or losses like the following:
- Medical treatment and rehabilitation expenses
- Long-term disability care (e.g., home health aides, housekeeping assistance, or disability accommodation)
- Lost wages and other income
- Loss of future earning capacity
- Physical pain and emotional distress
- Lost quality of life due to permanent disabilities or disfigurement
Steps to Take After Suffering a TBI
What you do after suffering a TBI can have a large effect on the strength of your personal injury claim. Here’s what you can do:
- Report the accident to the appropriate parties, such as law enforcement, a business owner, or a property manager.
- Seek immediate medical attention to diagnose your injury and develop a treatment plan.
- Follow your doctor’s instructions and medical restrictions, including recommended rest from work or physical and mental activity.
- Request copies of your treatment records.
- Keep bills, invoices, or receipts to document expenses you incur because of your care.
- Gather pay stubs and income statements to calculate lost earnings from missed work or going on lower-paying modified duty.
- Gather any evidence you collected regarding the accident, such as accident/incident reports, accident scene photos, witness contact information, or surveillance video.
- Notify relevant insurance companies about the accident, such as contacting your auto insurance company after a traffic collision.
Finally, contact a personal injury attorney as soon as possible and request a free consultation. Bring your evidence with you so they can review it to better understand your case and provide more thorough advice.
Contact Pringle & Herigstad, P.C. to Discuss Your Options After a Brain Injury in North Dakota
If you’ve suffered a traumatic brain injury in an accident caused by another party’s negligence or fault, contact Pringle & Herigstad, P.C., today for a free, no-obligation consultation. We can review your case at no upfront cost, advise you on your rights and options, and pursue your case on your behalf. We want to get you the money you need to rebuild your life, and we will not charge you fees unless we win your case.
Pringle & Herigstad, P.C. is committed to supporting individuals in North Dakota, including Grand Forks, Minot, Fargo, Bismarck, Williston, Rugby, Devils Lake, Jamestown, and the surrounding areas. Our dedicated team is here to provide legal assistance and guidance to those facing the complex challenges that arise from these incidents.
