Auto accidents have the potential to cause devastating injuries, including traumatic brain injuries. Traumatic brain injuries (TBI) range from mild concussions to open brain injuries. TBIs may cause significant impairment of cognitive functions and motor skills.
Those involved in car crashes can suffer brain injuries even if their heads do not hit anything during the collision. Sometimes the way the body gets jostled around can cause the brain to move around inside the skull. Brain bleeds can also occur and could be fatal if they are not treated soon after the crash.
Injured victims may be surprised when insurance companies downplay the severity of an injury, even one as serious as a brain injury. That is why victims should strongly consider working with an experienced attorney. Injured victims who work with attorneys often secure more compensation than those who do not.
At Galloway Jefcoat, our Lafayette auto accident lawyers know how devastating a brain injury can be. We have helped countless victims obtain compensation for medical treatment and other damages.
No upfront fees. Free legal consultation. Call 337-984-8020.
What Factors into the Value of a Brain Injury Claim?
There are many things that factor into the value of any personal injury claim. One of the most important factors is the severity of your injury. Your lawyer may need to answer various questions to help him or her determine the value of your damages:
- How long could the injury affect you?
- How could the injury affect you cognitively, psychologically and physically?
- Will you need assistance with daily tasks like showering and getting dressed?
- Will you need physical, occupational or speech therapy?
- Will you be able to continue working?
- Will you need to change careers?
- What types of treatment are available for your injury?
- What is the effectiveness of those treatments?
- Will you need surgery or other invasive treatment?
The more severe the brain injury, the more the claim is likely to be worth. That is because victims may need a lot more treatment and may be unable to work much, if at all.
TBIs can also affect the victim’s relationships with his or her spouse and children. While it is difficult to quantify these effects, compensation may be available.
Determining what a brain injury claim is worth is a complex process. You may need help from experts to place a value on damages. The attorneys at Galloway Jefcoat can bring in medical and economic experts to help us place an accurate value on your damages.
What are the Different Types of Traumatic Brain Injuries?
There are many types of brain injuries. For example, brain injuries are often classified as open-head or closed-head injuries. An open head injury is one that causes a break in the skull –penetration from a sharp object could cause an open head injury.
A closed head injury is one where the skull remains intact. The victim may have suffered blunt force trauma that caused damage to the brain. Closed head injuries often involve the head getting whipped forward and backward quickly. This type of motion can tear brain tissue and rupture blood vessels in the brain.
There are various types of closed-head injuries. One of the most common is a concussion. This occurs when the brain moves and hits the inside of the skull. There are varying degrees of concussions. Some of the most serious concussions result in loss of consciousness, difficulty talking, clear fluid draining from the ears and slurring words.
However, people do not need to lose consciousness to suffer a concussion. Someone could get jostled around and suffer a concussion and experience symptoms like nausea, vomiting, headaches, poor balance and fatigue.
Some other types of brain injuries include:
Diffuse Axonal Injuries
This happens when the brain gets twisted or shaken inside the skull. The axons inside the brain can tear. The axons are long fibers that connect tissue in the brain. The larger the tears the worse the injury is likely to be.
Brain Hemorrhages
A hemorrhage is bleeding on the surface of the brain. Bleeding on the brain can exert pressure and if the pressure is not relieved, victims can suffer severe brain damage.
Intracranial Hematoma
This is a collection of blood outside the blood vessels. There are different types of intracranial hematomas, including epidural hematomas which are collections of blood between the brain and skull. A subdural hematoma is a collection of blood in the protective layer around the brain. An intracerebral hematoma is a collection of blood within the brain.
Coup-Contrecoup Injury
This is an injury at the point of impact and the opposite site of the brain from the point of impact.
What Types of Treatment do Brain Injury Victims Often Need?
Brain injury victims may need a wide variety of treatments to help manage symptoms and prevent further brain damage. For example, surgery may be necessary, such as for a bleed in the brain. Surgery on the brain may require a lengthy hospital stay as doctors need to observe the patient to make sure he or she will not suffer further injury.
If the victim suffered a severe brain injury, he or she may need extensive rehabilitation, such as occupational therapy. Mental health counseling may also be needed if the victim is dealing with changes in behavior or personality.
Victims may need to take various prescription medications to manage symptoms. They may need regular appointments with doctors.
The treatments themselves may be expensive, but some of the expense is because treatments are ongoing. If the victim has permanent brain damage, he or she may need to hire a caregiver, which can be extremely expensive.
How do Attorneys Determine the Value of Future Damages?
This is one of the most challenging aspects of a claim for a brain injury. Attorneys need to project how much care victims will need and what it is likely to cost. There is no way to know the exact cost, so attorneys need to gather information and come up with a number so the victim can get the care he or she needs.
Attorneys can consult medical and economic experts to help them determine the cost of ongoing medical care and other damages. They can review the cost of the recommended treatment and add up these costs for the victim’s lifetime. Attorneys need to consider what treatment victims need to have the best quality of life with their medical issues.
There are also methods attorneys may use to calculate damages, such as assigning a dollar figure to the victim’s daily pain and suffering.
Contact Galloway Jefcoat Today to Learn More
If you suffered a brain injury in a car crash, you cannot count on the insurance company to provide the compensation you need. No matter how serious your injury, they will use any excuse they can think of to undervalue your claim. They may claim some of your medical treatment is not necessary, even though your doctors say it is.
Contact Galloway Jefcoat today to learn more about the benefits of hiring an attorney. There are no upfront fees for our services and no legal obligations after your initial consultation.
Call us today. We are ready to help: 337-984-8020.
June 11, 2021
Lafayette Parish