Hammond Brain Injury Lawyer

Types of Brain Injuries That Accident Victims Suffer

Traumatic head and brain injuries following an accident come in many shapes and sizes. However, all of these injuries have the potential to be extremely serious and result in lifelong complications.

One type of head injury is an exterior head injury. This type of injury typically happens when a blunt object strikes the top or sides of the head, often penetrating the head and creating a severe wound. If the object pierces the brain, the accident victim can suffer a permanent brain injury or even death. These types of head injuries may occur when a defective product explodes, or a piece of machinery or equipment penetrates the accident victim’s head during a construction accident or car crash.

In addition to blunt head injuries, concussions are another common type of head injury that accident victims suffer. A concussion is brain tissue damage that happens when the accident victim’s brain strikes the side of the skull. This movement occurs when an accident victim suffers a forceful impact to their head, such as during a car accident when their head strikes the steering wheel or headrest.

When the accident victim’s brain strikes the side of the skull, bruising or other damage may occur. In addition, the brain’s neurons and axons, which serve as the internal hardware system and relay messages to and from the brain and other body parts, may become disrupted. As a result, the accident victim may suffer severe mental complications.

Concussions frequently come with both short-term and long-term symptoms.

Some short-term symptoms often associated with concussions include:

• Severe headaches or migraines
• Nausea
• Vomiting
• Dizziness
• Memory loss.

If a concussion persists, the accident victim may experience post-concussive syndrome, long-term or permanent memory losses, or other debilitating effects.

Finally, some brain injuries cause the accident victim to fall into a temporary or permanent coma. While the accident victim is in a coma, they are typically unresponsive to external stimuli. If the accident victim suffers a permanent coma, they may wind up in a permanent vegetative state and rely upon life support. Moreover, a comatose individual may depend on caregivers for around-the-clock care.

If a person you love suffered any of these traumatic head injuries, seeking prompt medical treatment as soon as possible after an accident is essential. Failing to promptly treat for a concussion injury or other severe head injury may cause the injury to become significantly worse. This possibility is widespread with concussions since symptoms do not always appear immediately. In fact, it might take days or even weeks for concussion symptoms to fully manifest.

If you visit a hospital emergency room immediately after your accident, the medical provider can order the necessary brain scans or MRIs to ascertain the full extent of your injury. The medical provider can also recommend additional treatment you may need to undergo in the following days and weeks. For example, you may need to follow up with your primary care doctor or a neurologist for ongoing treatment.

During this time, a knowledgeable Hammond brain injury attorney at Midwest Injury Lawyers can begin gathering your medical documentation, police reports, witness statements, and other potential evidence to use in the claims-filing process.

What are Accidents That Cause Traumatic Head and Brain Injuries?

Many different types of accidents may cause a traumatic head or brain injury. A car crash is one of the most common accidents that lead to TBIs. Many types of car accidents may lead to a TBI, including head-on collisions, rear-end crashes, sideswipe accidents, T-bone or broadside collisions, and vehicle overturn accidents. All of these accidents may cause a driver or passenger to strike their head on something in the car, like the headrest, vehicle ceiling, window, or steering wheel, resulting in a severe head injury.

Motor vehicle accidents typically happen when drivers don’t watch the road or violate traffic laws, such as by initiating aggressive driving maneuvers, speeding, failing to yield the right of way, failing to use turn signals, or operating a vehicle while fatigued.

Serious car crashes may also happen when people drive while under the influence of alcohol or drugs. If a drunk driver incurs a DUI conviction, they may incur both criminal and civil penalties. On the criminal side, they may have to spend time in jail, pay high monetary fines, or attend alcohol and drug rehabilitation classes. On the civil side, they may have to pay monetary damages through their insurance company if they cause an accident that leads to head injuries or other physical damages.

In addition to forceful traffic accidents, some severe head injuries result from premises accidents, including slip and falls. These types of accidents typically happen when property owners fail to maintain their premises carefully and safely. For example, they might forget to clean up a spill on the floor, repair a staircase, or replace defective carpeting and flooring materials.

As a result of the property owner’s negligence, a property visitor might fall on the ground, land on their head, and suffer a concussion or other severe head injury. When that happens, the accident victim can file a personal injury claim with the property owner’s insurance company, seeking various monetary damages.

Head trauma is also common in construction accidents, where a construction worker or builder must work around heavy and dangerous equipment every day. When a construction worker falls from a tall ladder or piece of scaffolding, they may land on their head or back, resulting in a severe brain injury. Alternatively, a construction worker might become involved in a construction vehicle accident. As a result, the force of a collision might cause severe damage to the head or brain.

If you or a person you care about suffered a severe head injury in an accident that someone else caused, the experienced Hammond brain injury attorneys at Midwest Injury Lawyers can help. Our legal team can evaluate your accident circumstances, help you file a personal injury claim on your behalf, and negotiate with insurance company adjusters for a fair monetary settlement.

Proving a Head Injury Case

To recover monetary damages for a head and brain injury, the accident victim, not the at-fault party, has the legal burden of proof in the case. The individual or entity who caused the subject accident does not need to prove anything or satisfy any legal burden in the case. Instead, the sole legal burden of proof for recovering monetary damages rests with the accident victim.

First, the accident victim must show that the other party owed them a legal duty they subsequently violated. For example, if the head injury victim suffered their injury in a car crash, they must demonstrate that another driver violated their duty of care by breaking a traffic law or otherwise acting unreasonably under the circumstances.

Similarly, in the context of a premises accident, the premises visitor must establish that the property owner was aware of the hazard or defect yet failed to take prompt remedial measures to correct the situation.

Next, the accident victim must prove that their accident was a direct result of the at-fault party’s negligence. In other words, there must be a causal relationship between the responsible party’s negligent actions or inactions and the subject incident.

Finally, the brain injury victim must establish that their brain injury directly resulted from the accident.

When proving the legal elements of a brain injury case, the medical documentation and the accident victim’s in-court testimony may not be sufficient. Instead, the accident victim and their lawyer may need to rely on expert testimony to help them prove the legal elements of their claim. Medical experts can particularly be beneficial when it comes to proving a brain injury case, as this is a complex and often misunderstood injury.

At Midwest Injury Lawyers, our experienced legal team can help you satisfy the legal elements of your brain injury claim or lawsuit and help you retain experts to successfully prove your case.

Call an Experienced Hammond Brain Injury Lawyer Today

If you or a person you care about suffered a brain injury in an accident someone else caused, you should take proper legal action to recover monetary damages. Accident victims must file a lawsuit within two years of their accident date, according to the state statute of limitations. Unless a truly exceptional circumstance exists, accident victims who file a lawsuit after the deadline expires will no longer be eligible for monetary compensation. Reach out to a Hammond personal injury lawyer.

Given the short statutory period, accident victims must take legal action right away after their accident. At Midwest Injury Lawyers, our legal team can begin investigating your accident circumstances, negotiating with insurance company adjusters, and filing a lawsuit in your case if that step becomes necessary. If we must litigate your case, we can represent you at all court proceedings, introduce evidence on your behalf, make convincing arguments, and pursue the highest possible damage award from the jury or arbitrator in your case.

For a free case evaluation and legal consultation with a skilled Hammond brain injury attorney, please call us at (219) 200-0151 or contact us online today.

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Midwest Injury Lawyers – Hammond Office

2901 Carlson Drive  Suite 363,
Hammond, IN 46323

Phone: (219) 200-0151