When Can You File For a Brain Injury Claim?

Brain Injury Claim

Traumatic brain injury (TBI) is a class of brain conditions that results in adverse effects and symptoms that may make it difficult for patients to lead regular, functional lives. However, an accident victim may be qualified to claim personal injury for damages if they sustain a TBI due to someone else’s carelessness. Contact Cohen, Placitella & Roth, PC to get the best legal advice in Philadelphia.

Common reasons that can give you a TBI:

Typically, a sudden hit to the head results in a TBI. A few typical reasons for brain injuries are tripping, accidents of different natures, acts of violence, and injuries caused while working or playing.

Symptoms leading to a TBI:

Traumatic brain injury victims occasionally do not show symptoms immediately or even realize they have been hurt; other times, the injury is more visible. The symptoms that suggest a TBI range greatly and can fluctuate depending on the TBI’s location, the victim’s age, and the gravity of the incident that caused it.

Parents may not be aware that their child or infant has experienced a TBI until they observe one or more developmental impairments. Adults may go hours, days, or weeks without seeing any symptoms. The following signs and symptoms should be considered seriously as they could point to a TBI. If you encounter them or a dear one, you need to get medical help as soon as possible.

Getting compensated for a TBI:

When another person’s carelessness, negligence, or willful actions cause you, your kid, or another beloved to suffer a traumatic brain injury, Philadelphia law entitles you to compensation for the financial and non-financial losses you have suffered from the accident. Specific losses that plaintiffs may be awarded in a personal injury lawsuit range depending on the specific facts of the case, but some typical losses include:

  • Money spent on medical costs:

This covers paramedic and emergency response services, ER visits, other doctor appointments, hospitalization, operation, diagnostic tests to identify or verify a TBI, aftercare, and medicines.

  • The money you will have to spend on future medical costs:

Patients suffering from severe TBIs may require long-term nursing care or a protracted recovery period. Future medical expenses can also cover subsequent operations or therapies.

  • Money spent on rehabilitation:

A mild to severe TBI may result in brain damage that compromises various bodily processes, including motor skills. Patients frequently need to see specialists learn how to live with their loss while doing regular activities or to help them restore lost function. Examples comprise speech, occupational, and physiotherapy.

  • Loss of wages:

The possibility that a TBI victim must take off work for recovery and rehabilitation increases with the severity of the TBI. Patients with severe catastrophic TBI who experience PVS or a coma will probably not be able to return to work. In certain situations, your lawyer might count the worth of your claim for lost future wages.

  • Non-economic damages:

A TBI survivor must deal with physical and mental pain and loss of income. In certain situations, victims may be entitled to reimbursement for non-economic damages like physiological discomfort and suffering, mental anguish, diminished quality of life, lack of cohabitation with a partner, and others.

  • Miscellaneous (Punitive damages):

It is uncommon to punish defendants with this kind of compensation. Courts only award punitive damages in exceptional instances of deliberate harm or grave negligence. However, you can be entitled to punitive damages if you sustained a TBI due to someone else’s deliberate conduct.