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A brain injury affects your ability to care for yourself and your family, work, and simply move through life the way you did before. Victims often find themselves with mounting debt from medical costs and income loss, diminished physical and cognitive abilities, and serious emotional distress.
When these injuries result from someone else’s negligence or intentional act, you may have grounds to file a personal injury claim to hold that party accountable for compensating you for your many losses, and the East Hartford brain injury lawyers from Tehrani Law Group can help.
Brain Injuries Explained
Traumatic Brain Injuries (TBIs) are “one of the most common causes of disability and death in adults,” as stated by Johns Hopkins Medicine. They happen “when a sudden external, physical assault damages the brain.” The effects of these injuries span from mild to devastating, but even those in the mild categories can bring long-term or permanent consequences.
Some TBIs cause “focal” damage, affecting only one part of the brain. Others cause “diffuse” damage, affecting multiple areas. Johns Hopkins Medicine explains most research shows brain cells, once destroyed or damaged, do not regenerate. Despite this sad reality, some level of recovery remains possible, especially for younger victims. Unaffected areas of the brain act to compensate for the injured parts. However, each TBI injury is unique, so predicting the extent of a victim’s recovery is not possible. But almost all recovery efforts demand lengthy rehabilitation efforts–even a lifelong effort for some victims.
Types of Brain Injuries
TBIs fall into two major categories. Closed TBIs do not penetrate the skull. The brain is not penetrated or punctured, and the skull is not broken. These events happen when the brain moves within the skull, rapidly shaking back and forth. This movement causes blood vessels and brain matter to tear or bruise. Penetrating injuries, the second category, happen when something causes the skull to break and punctures the brain. “Open head injuries” is another term for this category of TBI.
Examples of TBIs from both categories include, among others:
- Skull fractures–most often the result of blunt force trauma
- Concussions–a bump or jolt to the body or head prompts a rapid back-and-forth motion of the head and brain
- Hemorrhage–when a damaged blood vessel in the brain bleeds
- Hematomas–severe bruising of the brain causes blood to collect and form clots
- Anoxic or Hypoxic Injuries–when the brain is deprived of oxygen entirely or experiences a diminished supply
No matter what kind of brain injury you sustain, a skilled TBI lawyer from Tehrani Law Group is available to help you seek financial justice for your related losses.
How Brain Injuries Occur
Violent accidents or incidents are an obvious cause of brain injuries, but unfortunately, they are not the only source. A “minor” car accident, slip, trip, or fall events, or acts of medical malpractice can lead to brain injuries with serious consequences. Though almost any situation can prompt a brain injury, the National Institute of Neurological Disorder and Stroke (NINDS) highlights some of the leading causes.
Motor-Vehicle Crashes
Anyone involved in a motor-vehicle accident–drivers, vehicle occupants, cyclists, and pedestrians, all face high risk for TBI. Pedestrians and cyclists face increased risk as they have little protection upon colliding with a vehicle or pavement, but any involved party faces serious potential for injury. On its own, the force of the crash can cause victims’ heads to thrash back and forth, damaging the brain as it hits against the skull. But victims’ brains can also sustain damage if struck by or from slamming into part of the vehicle.
Blunt Force Trauma
Victims can be hit by or slam into an object and suffer TBIs caused by that blunt force trauma. Sports injuries are one example. American Football is characterized by violent tackles and by players crashing into each other, as is hockey. Basketball and soccer are other high-contact sports, and soccer holds these additional risks that come with “heading” the ball. Construction sites are full of heavy machinery, equipment, and materials, providing other opportunities for blunt force trauma, as these items often need to be moved from one location to another, leaving workers susceptible to “struck-by” accidents.
Intentional Acts of Violence
Domestic and child abuse can cause TBIs. Babies can experience “shaken baby syndrome,” and young children or adults can sustain violence to the head, either with fists objects or when pushed into the wall or floor. Aggressors using weapons can inflict penetrating injuries.
Explosion Events
Most people do not experience explosions as part of their daily lives, though accidents can happen. For example, products powered by lithium batteries, such as escooters or ebikes, can explode when the batteries overheat. Members of the military and construction workers actually do face “explosion” risks in the course of their duties. Blasts caused by roadside bombs or construction demolition come with a risk of TBI and other injuries.
Medical Malpractice
During the birthing process or surgery, patients face a risk of TBI when practitioners do not perform their duties with due care. Oxygen can be cut off or diminished, affecting either mother or baby during birth, and errors in administering or monitoring anesthesia during surgery can deprive patients of oxygen, leading to anoxic or hypoxic TBI.
Whatever circumstances prompt your TBI, do not accept offers of compensation before partnering with an East Hartford brain injury lawyer from the Tehrani Law Group. Your attorney will assess your situation and the value of your damages, protecting you from agreeing to offers that do not meet your needs or offer just compensation for your losses.
Effects of Brain Injuries
The consequences of TBIs have a far reach. Victims can experience effects in physical, cognitive, and social-emotional areas of their lives. In the worst cases, the consequences are permanent.
Physical Function
The brain controls all body systems and functions. When the brain is damaged, aspects of physical function can be damaged as well. Effects differ based on the specifics of the TBI and can include:
- Weakness or numbness in parts of the body
- Total or partial paralysis
- Muscle spasms and tremors
- Compromised coordination and balance
- Diminished endurance and mobility limitations
- Problems with vision, hearing, taste, touch, and smell
- Trouble swallowing
- Difficulty communicating
Entire body systems can fail in response to brain damage. For example, victims may need artificial support to breathe and may lose control of bladder and bowel functioning.
Cognitive Function
TBIs typically change cognitive abilities, and again, effects range depending on the injury. Effects on cognition include, but are not limited to:
- Confusion and disorientation
- Difficulty focusing or maintaining attention
- Memory issues
- Diminished problem-solving and critical-thinking skills
- Problems making sound, rational judgments
- Reduced ability to follow multi-step directions
- Lowered sense of self-awareness or awareness of others
TBI victims often struggle to process information. Following the thread of a conversation becomes difficult. Different times in their lives may become scrambled or “jumbled” together, making it hard for them to accurately recall past events or keep up with present events.
Social-Emotional Function
The physical and cognitive effects of a TBI can prompt personality and behavior changes as victims become frustrated or depressed by their limitations. It is not uncommon for victims of TBIs to develop anxiety and depression. But some brain damage can be to the parts of the brain controlling personality–or behaviors and emotions. Victims who had previously had active social lives may find it difficult to maintain friendships or make new ones. Sometimes, they struggle to “read a room” or recognize the emotional temperature of a situation or relationship. Some victims become more emotionally erratic, showing less empathy but more apathy or irritability.
These many potential effects, even in mild or moderate form, can drastically affect victims’ quality of life and ability to support themselves financially. Connecting with a brain injury attorney in East Hartford, CT, is a critical first step in pursuing compensation, providing financial stability, emotional justice, and continued access to medical care.
Possible Damages of a Brain Injury
When you suffer a brain injury because of someone else’s negligence, recklessness, or intent, Connecticut allows you to hold the at-fault party responsible for paying you damages–a monetary award covering your losses. Your traumatic brain injury lawyer will assess your losses with extreme care and present that at-fault party’s representative with a settlement demand.
No two brain injury cases are entirely the same, which means every settlement amount is different. However, you can expect your attorney to seek compensatory damages and, in some instances, punitive damages.
Compensatory Damages
Compensatory damages compensate you for your losses. They “make you whole”–or restore you to your pre-accident situation–to the extent that is possible. Compensatory damages cover two categories: economic and non-economic.
Economic damages “payback” your financial losses. These included medical bills, continuing medical costs, income lost during recovery, future lost wages should you be out of work from your injuries permanently, and any other financial expense incurred by the accident and your injuries.
Non-economic damages provide financial acknowledgment for losses that do not come with a bill attached. They recognize that your physical pain, emotional distress, and diminished quality of life have value and acknowledge the suffering you and your loved one face because of these losses.
Punitive Damages
Connecticut allows victims to seek punitive damages when “evidence shows a reckless indifference to the rights of others or an intentional or wanton violation of those rights.” Unlike compensatory damages, punitive damages are not designed to make victims whole but to issue additional punishment to the wrongdoer. Typically, the amount of punitive damages is limited to covering attorney and litigation fees. However, there are circumstances allowing for “double” or “triple” punitive damages.
You can trust your traumatic brain injury attorney to evaluate your losses thoroughly. Our team will not miss any details or underestimate your losses and will fight for significant compensatory and–if warranted–punitive damages.
How a Brain Injury Attorney Can Help
Though the consequences of a TBI can be overwhelming for victims and their families, the traumatic brain injury lawyers at Tehrani Law Group can provide much-needed help. Navigating the negotiation and legalities involved in seeking compensation for a brain injury is an intimidating process for victims, and understandably so. However, the brain injury attorneys from our team are primed and ready to take these burdens off of your shoulders and fight hard on your behalf.
You can count on us to investigate the accident leading to your injuries exhaustively, uncovering crucial details and evidence supporting your claim and proving the at-fault party’s negligence. We will evaluate your losses, demand a fair and thorough settlement, and handle all communication and negotiation with the at-fault party’s representatives. Regrettably, victims or their loved ones do not often see the most favorable outcome when representing themselves during negotiations. They may be intimidated into accepting a lowball offer or convinced into believing the offer is actually generous. Other times, they may say something innocent only to have their words used against them. Our team of traumatic brain injury attorneys knows what maneuvers to watch out for, what your case is worth, and how to hold the at-fault party accountable without putting your settlement at risk.
Connecticut’s personal injury laws follow a system of comparative negligence. Victims can seek compensation as long as they are not more than 50% responsible for the accident causing their injuries. If they meet this standard but still hold a percentage of the blame, their compensation is reduced by that percentage. A skilled TBI attorney can work to protect you from false blame and a reduced settlement.
Trial Representation
The TBI lawyers at Tehrani Law Group are skilled negotiators and many of the personal injury cases we take to settle out of court. That said, we are ready and willing to fight for you through a trial if the other side refuses to offer just compensation. A prompt legal partnership gives us time to file your personal injury claim with the courts within Connecticut’s two-year legal deadline–called a Statute of Limitations.
Get the Aggressive, Approachable Representation You Need
Connect with the experienced, talented team of TBI attorneys from Tehrani Law Group as soon as possible after your accident. We will handle your case with compassion and integrity while fighting aggressively to hold culpable parties accountable for paying you substantial compensation.
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