If you or your loved one has suffered traumatic brain injury through the negligence or wrongdoing of another, contact The Fang Law Firm today. Our Denver brain injury lawyers have dedicated our practice to helping injured people.
As defined by The Centers for Disease Control and Prevention (CDC), traumatic brain injury is an injury that affects brain function. Common causes of this type of disruption include a blow, jolt, or bump to the head, or by a penetrating head injury. Effects of TBI can vary widely. With a mild TBI, the victim may experience a brief change in mental status or consciousness for a few days. However, a severe traumatic brain injury can cause debilitating effects that last a lifetime and permanent disability, including impairment of:
The prognosis for a patient with a brain injury will depend on factors such as the part of the brain injured, the extent of the brain damage and the health of the patient. Each patient will heal differently from a brain injury. Many say minor brain injuries do not exist. At The Fang Law Firm, we agree; we believe every injury victim should have the right to pursue fair compensation from the at-fault party. Even a minor brain injury could be life changing.
Brain injuries can be devastating for injured victims and his or her loved ones. A significant brain injury could change everything, from how a patient walks and talks to the jobs he or she can perform. A serious brain injury can cause irreparable physical and emotional damages. It can also cost thousands of dollars in medical care. In Colorado, the civil courts allow a brain injury survivor to file a brain injury claim for three main categories of damages against an at-fault party.
Economic damages can encompass all out-of-pocket costs the injured victim suffered because of the TBI, including medical expenses, rehabilitation, physical therapy, surgeries, live-in care, medical equipment, medications, lost wages, lost earning capacity, property damage repairs, funeral/burial costs for wrongful death and legal fees.
Noneconomic damages refer to the intangible losses a brain injury victim or family members could suffer. The nature of a brain injury can lead to many noneconomic damages, such as emotional distress, mental anguish, loss of consortium, lost quality of life, diminished enjoyment of life and psychological trauma.
Severe brain injury cases that involve another person’s gross negligence or intent to harm may also result in punitive damages, or additional compensation to punish the defendant. It will be up to a judge to determine whether you should receive punitive damages for your TBI.
The value of your injury claim will depend on many factors, including the severity of the injury and the actions of the defendant. In general, however, if you have a major traumatic brain injury with catastrophic effects, you will be eligible to receive more compensation than with a minor head injury, such as a concussion. Your Denver traumatic brain injury attorney can help you fight for the highest compensation award possible using proven legal strategies in Colorado.
One of the main questions your lawyer will try to answer is who could be liable for your traumatic brain injury. Proving liability is something you may need assistance with from an experienced brain injury attorney. A personal injury law firm can investigate your recent accident for signs of wrongdoing or negligence, such as a lack of proper security at a business or improper coaching at a school sports team. One or more parties in Colorado may owe you compensation for your medical bills and other losses if they breached a duty of care owed to you.
An individual and/or entity may be responsible for causing your serious brain injury or a loved one’s wrongful death. A Denver traumatic brain injury lawyer at The Fang Law Firm will know how to analyze the facts of a personal injury case to determine fault for a fall, car accident, medical malpractice incident, sporting accident or another incident.
The defendant may not be the obvious choice. As the victim of physical assault, for example, you may have a case not only against the attacker but also the property owner for failing to reasonably prevent the attack. Work with our lawyers to determine fault for your TBI and recover financial resources.
Recognizing what caused your TBI is one of the first steps toward demanding compensation from the at-fault party. Many different incidents that compromise the skull or brain could cause a TBI. Certain types of accidents are more likely to cause TBIs than others, however. According to CDC statistics, the common causes of traumatic brain injury are:
This is the leading cause of TBI. Falls are common in the construction industry. OSHA reports that out of 991 total deaths in private industry construction in 2016, 384 were caused by falls. Slip and fall accidents due to hazards on someone else’s property can also cause traumatic brain injury.
CDC reports that more than one in five TBI-related emergency room visits, hospitalizations, and deaths among children under the age of 15 results from being struck by or against an object. This is the second leading cause of TBI.
Among all age groups, car accidents are the third leading cause of traumatic brain injury. TBI can occur in any type of traffic crash, such as a pedestrian accident, bicycle accident, commercial truck collision, or passenger accident. However, motorcyclists are particularly vulnerable to this type of injury.
Brain injuries can also stem from birth injuries, defective products, or sports incidents. Diving accidents could cause a swimmer to hit his or her head on the bottom of the pool, while sports with balls put players at risk of brain and head injuries from flying objects. Another common cause is violence. Gunshot or stab wounds to the head could cause serious or fatal TBIs. At The Fang Law Firm, we handle TBI cases of all types, severities and causes.
After a bump to the head, watch for potential signs of a brain injury. An open head injury or closed head injury may have different symptoms. A brain injury may not look how you think it does. Brain injuries are not always obvious and may not always involve headaches or skull fractures. While some TBIs may make the victim lose consciousness, others will not.
If you notice anything unusual after an accident that involved a blow to the head, including emotional changes or behavioral problems in a child, seek medical attention for a brain scan. Every patient is unique. One person’s brain injury symptoms may or may not match another’s. This said, common symptoms include:
More serious TBIs may also result in symptoms such as clear fluids oozing from the nose or coma. Many brain injury cases involve delayed signs and symptoms. Do not assume that if you do not notice symptoms right away, you do not have a brain injury; there are many types of brain injuries. As your brain continues to quietly bleed or swell, symptoms could worsen or abruptly arise.
Watch for symptoms days or even weeks following your head injury. It is wise to always go to a hospital after hitting your head, even if you do not notice any immediate symptoms. A doctor may be able to diagnose a hidden TBI in time to intervene and treat before you experience a secondary brain injury.
After a physician in Colorado diagnoses you with traumatic brain injury, it is imperative to follow his or her orders exactly. Disobeying your doctor’s treatment plan could give an insurance company a reason to deny your personal injury claim. It could also hurt your prognosis for physical and cognitive recovery. Follow your doctor’s instructions for medical treatment, rest and medications. Keep a running record of all medical expenses related to your TBI, including hospital stays, doctor’s office visits, surgeries, medications and rehabilitation. Create a folder to keep track of all TBI-related documents for your brain injury lawyer.
While you focus on healing, hire a lawyer experienced with brain injury cases from The Fang Law Firm to take care of your case on your behalf. A member of our legal team will immediately start working on figuring out who caused your accident and why it happened. Working with a brain injury lawyer right away could protect you from common mistakes early on, such as failing to preserve important evidence or demanding less than your case is worth. A lawyer will know how to argue for the best possible compensation award based on the facts of your personal injury case.
Allow an experienced attorney to fight for justice and seek compensation while you undergo rehabilitation programs and other treatments for your TBI. An attorney with experience handling brain injury claims can help you conduct a thorough investigation to get to the bottom of who may be legally responsible for your damages.
In the meantime, gather as much information as you can about your TBI case to show your lawyer. Collect accident reports, statements from witnesses, police reports, photographs, medical records and anything else you believe could help build your case.
According to the Centers for Disease Control and Prevention (CDC), every day in the U.S., 176 people died from a TBI-related injury in 2020. For those who survive, severe TBI can have lifelong debilitating consequences.
TBIs occur at surprising rates. Around the world, millions of patients end up with traumatic brain injuries each year. Some never recover, while others suffer permanent disabilities. If you are a brain injury survivor or a loved one of someone with a TBI in Colorado, you are not alone. As reported by CDC:
At The Fang Law Firm, we do not view our clients as statistics. Our brain injury lawyers focus on the individual and how we can help his or her unique cause. We track the most recent brain injury data, however, to increase our understanding of this issue and to spread awareness within our community. Preventing a traumatic brain injury is always better than trying to cure one.
Traumatic brain injuries can have serious long-term personal and financial consequences. Brain injury victims may experience memory lapses and poor concentration, and recovery is unpredictable. TBI cases involve complex legal and medical issues.
Our experienced attorneys will act in your best interests at all times, deal with insurance companies on your behalf, and vigorously pursue full financial recovery for your injuries. If you or your loved one has suffered TBI through the fault of another, such as a truck accident, contact The Fang Law Firm today. Our Denver brain injury attorneys are tough advocates for injured people and offer case evaluations.