Whether from a car accident, a sports incident or a fall, suffering a traumatic brain injury (TBI) can change the lives of you and your family.
If a traumatic brain injury is due to another’s negligence or wrongdoing, you may be entitled to compensation to aid recovery.
However, such cases can be challenging to prove. They require the assistance of lawyers with specific experience in this field.
The Topeka brain injury lawyers at Irigonegaray, Turney, & Revenaugh LLP have a strong track record in TBI cases and can assist you in confidently seeking redress for the losses suffered.
Types of head and brain injuries
Traumatic brain injury results from trauma to the head, usually caused during a motor vehicle accident, sports incident, physical altercation or fall.
No two brain injuries are exactly the same. They affect different people in different ways.
Some people may suffer no initial effects or just experience mild symptoms like temporary headaches or blurred vision.
Unfortunately, others may suffer a permanent and debilitating injury or require months or years of aggressive therapy.
In general, traumatic brain injuries are classified as either:
- A penetrating head injury: where the skull is cracked, broken, or penetrated by a sharp object (like a knife or a piece of debris); or
- A closed head injury: where the brain is injured but the skull remains intact
Penetrating head injuries include fractures and breaks and are normally easy to identify. Closed head injuries can be much more challenging to diagnose and include:
- Concussion – generally a mild traumatic brain injury but complications may result
- Contusion – bruising to the brain due to trauma: blood vessels in the brain start bleeding
- Hematoma or blood clot – a mass of blood or pronounced swelling between the skull and brain
- Axonic injuries – the brain shakes inside the skull, causing injury and shearing of brain tissue
- Anoxic injury – the brain is deprived of oxygen, causing brain cells to die e.g. with chemical poisoning, electrocution, suffocation, etc.
- Coup-contrecoup – where the brain hits both sides of the skull, often causing multiple areas of damage
What are the symptoms of sustaining a brain injury?
Many types of head injuries can cause mild traumatic brain injury.
It can result in the following types of symptoms:
- Blurred vision
- Amnesia (loss of memory)
- Neurological issues
- Psychological problems
While these symptoms may resolve over time and long-term problems are rare, sometimes they endure and become a longer-term problem.
A more severe brain trauma injury can cause significant physical, cognitive, and emotional problems for individuals.
The following symptoms are typical of more severe traumatic brain injuries:
- Dizziness and blurred vision
- Painful headaches
- Loss of vision
- Speech impairment
- Sleeping difficulties
- Loss of coordination and motor skills
- Changes in appetite
- Short-term memory loss
- Poor Concentration
Note that brain injury symptoms may not be immediately apparent. They can develop hours after an injury when swelling on the brain starts to become painful.
That is why it is best to seek medical attention immediately after a blow to the head. Doing this can also help you document actions in the event of a compensation claim.
Should I consider filing a claim for a brain injury?
You should consider filing a claim for traumatic brain injury if:
- You suffered an injury to the head that resulted in any of the symptoms described above
- Your injury was caused by negligence, recklessness or the intentional wrongful act of another individual
- You want to seek financial compensation for your injuries
Note that you do not need to have suffered an impact to the head or loss of consciousness for a brain injury to result.
Indeed, it is estimated that whiplash causes brain injury in over 20 percent of cases.
Each case is unique. It’s important to discuss yours with our experienced brain injury lawyers before filing a legal claim for TBI in Topeka.
Can I receive compensation for a brain injury sustained in a car accident?
If you or a loved one sustained a traumatic brain injury in a car accident, it is possible to receive compensation from the at-fault party for:
- Past and future medical bills
- Lost wages
- Lost future earning potential
- Pain and suffering caused in the past and in the future
The at-fault party may be:
- The driver of a vehicle
- An employer
- A landlord
- A contractor or maintenance company
- A local government agency
You may be entitled to compensation even for a mild injury. However, in many cases, an injury can be challenging to prove.
A lawyer experienced with these types of claims in the local Topeka justice system can help you gather together the necessary medical specialists.
This may include:
- Physical therapists
- Speech therapists
- Rehabilitation medicine specialists
- Occupational therapists
- Behavior therapists
Remember – we only get paid if we win your case!
With a claim for traumatic brain injury, we will first take the time to investigate the circumstances of your injury.
If you have a strong case for compensation, we will work with the necessary medical and financial specialists to demonstrate your losses to the insurance company.
Insurance companies can be difficult to work with but we understand how to build a persuasive argument.
Note that with all personal injury cases, the lawyers at ITR Law work on a contingency basis: that means we only get paid if we win your case.
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We only get paid if we win your case
With personal injury cases, we work entirely on a contingency basis. That means we only get paid if we win your case.
We will deduct a pre-agreed percentage from the compensation that you are awarded. This is always made clear and agreed upon before we take on your case.
Our goal is to make our services accessible and affordable for anyone involved in an accident, regardless of their financial situation.