LEXINGTON BRAIN INJURY ATTORNEY

A direct and significant impact to the victim’s head, such as in an auto accident or by falling construction material, is what typically comes to mind when you think of a brain injury. But the medical community is coming to understand just how sensitive the brain can be and how significant brain injuries can be caused by seemingly moderate or even minor injuries.

According to the Brain Injury Association of America, a direct impact to the head is not necessarily the only cause of traumatic brain injury (TBI). Significant injury to the brain can also be caused by periods of rapid acceleration, deceleration, or change in direction. This is because the brain sits inside the skull surrounded by a cushion of fluid. Also, the brain is not rigidly attached to the skull at any point and thus can be thrown against the inside of the skull and injured when subjected to a high degree of inertial force. This type of brain injury is often referred to as a closed-head injury.

A doctor can explain more thoroughly how a brain injury can occur even when there is no actual impact to the head and no external head injury.

The impact of traumatic brain injury can vary and may not be noticed immediately. While victims of severe TBI in may suffer significant cognitive impairments, victims of less severe TBI can still experience the following:

• Seizures
• Memory loss
• Headaches
• Difficulty with concentration
• Personality changes
• Psychological symptoms

In the case of a closed-head injury, these symptoms may resolve in weeks or may last for months or years. In some cases, they may be permanent and can result in difficulties in your career and your family life. For some victims of moderate to severe brain injury in Kentucky, the existence of TBI may be clearly shown through CT scans and other diagnostic testing.

Mild to moderate TBI, however, may not show up on objective scans and may be revealed only through cognitive testing and observation. In either case, the impact is all too clear for the victims and their families.

Our Lexington brain injury attorneys have experience with lawsuits involving the following:

• Car, truck, and motorcycle accidents
• Bicycle accidents
• Premises defects
• Accidents involving defective products
• Injuries caused by exposure to toxic substances
• Slip-and-falls
• Workplace injuries
• Sports injuries
• Acts of violence

While each case is different, a brain injury victim and their family may be eligible under Kentucky law to receive compensation for the following types of damages:

Medical Expenses: Through a brain injury lawsuit, a victim may receive compensation for past, present, and future medical expenses. In addition, a brain injury victim may be eligible to receive compensation to cover the costs of in-home care and rehabilitation expenses such as physical, occupational, and speech therapists, as well as home health aides.

Lost Wages and Loss of Future Earning Capacity: A brain injury victim may receive compensation for work missed while recovering from a brain injury. Furthermore, if the wound reduces the victim’s ability to perform the essential function of their job, they may be able to recover damages for diminished earning capacity.

Pain and suffering: Victims may be able to receive compensation for the physical pain and emotional suffering they faced, or continue to face, because of the brain injury. This may include chronic headaches, lifestyle changes resulting from the trauma, and an overall reduced quality of life.

Loss of Consortium: If the brain injury victim is married, the injured person’s spouse may have a claim for loss of consortium. Loss of consortium is intended to compensate a victim’s spouse for deprivation of the benefits of a family relationship.

Punitive Damages: In cases of particularly egregious or reckless conduct, a court may award punitive damages. Such damages are designed to punish the person whose conduct contributed to the brain injury and discourage other individuals or entities from engaging in similar behavior in the future.

If you or a loved one has suffered a brain injury in Lexington, fill out our free case evaluation form today to learn what legal options may be available to you.