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Traumatic brain injuries (TBI) are a persistent problem in the United States. The Centers of Disease Control and Prevention (CDC) estimates that, on average, over 1.7 million people face a traumatic brain injury each year. Our Louisville brain injury attorneys at Morgan & Morgan have achieved an enviable track of results in helping brain injury victims file claims against negligent motorists, doctors, and trucking companies for the compensation they needed to cover medical expenses and lost wages.
Have you or a loved one suffered a close head injury or a penetrating injury? If so, fill out our free case evaluation form to see what a Louisville brain injury attorney may be able to do for you.
Causes of Head Trauma
There are various factors that cause head trauma, most prominently falls, being hit by an object, and car accidents. Falls are the leading cause of TBI in the United States, according to the Center for Disease Control and Prevention. More than half of TBIs among children 0 to 14 were caused by falls. Unintentional blunt trauma was the second leading cause of TBI, accounting for about 15 percent of TBIs in the U.S. from 2006 to 2010. Approximately 24 percent of all TBIs in children less than 15 years of age were related to blunt trauma.
Use of Medical Experts in Brain Injury Cases
At Morgan & Morgan, our Louisville brain injury attorneys work with medical experts who help us demonstrate causation, one of the essential, and most difficult, elements to prove in a successful negligence suit. In order to demonstrate a link between the defendant’s negligence and our client’s injuries, these experts will examine medical records, and conclude whether the medical professional failed to meet the standard of care required by his or her profession.
They will also compile evidence to prove the failure, such as creating computer simulations of the accident. Our experts’ testimony helps show jurors — who do not possess the requisite medical knowledge to draw their own conclusions — a correlation between the responsible party’s negligence and our client’s brain injury. Our attorney’s ability to utilize expert witness testimony has led to many successful verdicts and settlements.
What Types of Brain Injury Cases Do Our Attorneys Handle?
Our brain injury attorneys handle lawsuits regarding the following types of accidents:
Car, Truck and Motorcycle Accidents: In brain injury lawsuits involving motor vehicle accidents, the defendant is commonly a driver who failed to operate his or her vehicle responsibly. In fact, motor vehicle crashes were the leading cause of traumatic brain injury related hospitalizations for people aged 15 to 44 years old, according to the Center for Disease Control.
Medical Malpractice/Birth Injury: Medical malpractice occurs when a doctor, hospital or other healthcare provider deviates from the standard of care expected in the medical community, resulting in injury to the patient.
At-Work Accidents: When a worker suffers a brain injury on the job, they may be able to recover compensation through workers’ compensation benefits. They may be able to receive additional compensation if a third party was negligent in causing them harm.
What Can I Be Compensated for in a Brain Injury Lawsuit?
When an individual files a lawsuit after suffering a brain injury, they may be able to recoup compensation for economic and noneconomic damages:
Medical Bills: In a brain injury lawsuit, victims can claim compensation for any medical bills related to the injury. For example, a person may be able to file a lawsuit to gain compensation for expenses related to doctor’s visits, hospitalization, rehabilitation, and occupational therapy.
Pain and Suffering: Victims of brain injuries may be eligible to pursue monetary damages for any lasting physical or emotional pain, such as brain damage or amnesia.
Loss of Life’s Enjoyment: In a successful brain injury lawsuit, the plaintiff may also be entitled to compensation for their inability to participate in activities they once enjoyed.
Lost Wages: Individuals who suffer brain injuries may miss substantial time at work. By filing a brain injury lawsuit, victims may be able to recover compensation for any lost wages that resulted from the brain trauma. Additionally, victims may also receive compensation for any damage to their future earning ability.
Wrongful Death: When a brain injury is fatal, the victim’s’ family may be able to file a wrongful death lawsuit. In these cases, the family can pursue compensation for any financial damages, such as funeral costs or lost wages, resulting from their loved one’s death. Members of the family may also be able to file a lawsuit for the unique losses they face, including pain and suffering and loss of companionship.
If you or a loved one has suffered a brain injury, our attorneys can help you understand your legal options and file a lawsuit to receive compensation for your losses. The statute of limitations only allows potential claimants to file a claim within a certain period of time, so do not hesitate to contact our office by filling out a free case evaluation form today.