Did you suffer a traumatic brain injury in an accident that was due to someone else’s negligence? You may have the right to compensation. Contact Edelstein Martin & Nelson for your free consultation.
Every year, millions of accidents take place in the United States that lead to traumatic brain injuries (TBIs). In just one year’s time, in fact, it is estimated that over 1.4 million Americans sustain brain injuries resulting from serious accidents. Until you have suffered the life-threatening physical effects of one of these severe injuries, you will not fully understand how they affect every aspect of your life.
If the negligent actions of another party has led to a traumatic brain injury, you should speak with a Delaware brain injury attorney. Let your attorney be your advocate in a court of law, with your best interests in mind.
Delaware Brain Injury Lawyers Representing Victims of Head Trauma
From the moment that you or someone you love suffers from a traumatic head injury, you may wonder what options are available for you. Speaking with our experienced personal injury lawyers in Delaware at Edelstein Martin & Nelson can ensure that you receive maximum compensation following an accident that led to a head injury. Covering various Delaware counties, our law offices will work with you to ensure that negligent parties are held accountable for their actions and that you have the ability to move forward after you have sustained a head injury.
Common Ways in Which Traumatic Brain Injuries Occur
When you think of a traumatic brain injury, you likely think of somebody being struck on the head by an object. However, there are many ways that a brain injury can occur in Delaware. In 2019, approximately 223,135 people were treated in emergency rooms for TBI throughout the United States, though many of these accidents go unreported, according to the Centers for Disease Control (CDC). Anybody is susceptible to a brain injury in their everyday life; however, those aged 65 or older are more likely to lose their balance and fall, causing them to strike their heads.
A head injury is not only limited to the elderly, though. There are many other ways that traumatic brain injuries occur each year in Delaware. These include some of these most common causes:
- Athletes sustaining sports injuries
- Delaware motor vehicle accidents
- Working in construction zones and other dangerous jobs
No matter how a brain injury occurs, from car accidents to sports injuries or working in a dangerous line of work, it is important to know that you have options following your accident. Speaking with a Delaware brain injury attorney and receiving a free initial consultation for your claim can ensure that your rights are being protected during these challenging times.
Types of Traumatic Brain Injuries
Head injuries that stem from a car accident, a sports accident, or any other type of accident can range from minor to severe in nature. Here we will outline some of the most common types of traumatic brain injuries that people suffer from each year in Delaware and beyond.
Concussions: Concussions are one of the most common types of brain injury, with approximately 3 out of every 4 brain injuries being categorized as a concussion. Many people with a concussion will feel dazed, lose consciousness for a short period of time, and sustain difficulties remembering things.
Moderate TBI: Moderate TBIs happen when somebody loses consciousness for more than 30 minutes, with confusion lasting for about a week.
Severe TBI: Individuals who sustain a severe TBI will lose consciousness for over a day. There will likely be changes present when an MRI or other related test is given.
Closed TBIs: You will find that a large percentage of TBIs are referred to as ‘closed TBIs.’ This means that an outside force affected the head and did not penetrate the skull. The brain is injured in these cases, causing immense swelling at times.
Open TBIs: These are also known as ‘penetrating’ brain injuries. When something penetrates the skull, such as a knife or a construction tool, the brain tissue could become quickly damaged.
Hypoxic and Anoxic: These types of brain injuries result from something other than trauma to the head. They include those that occur due to seizures, strokes, and near-fatal drowning events.
Most Common Signs and Symptoms of a Traumatic Brain Injury
The signs and symptoms of a brain injury can range anywhere from mild to severe, affecting many aspects of your life. Though some who suffer from a brain injury will be back on their feet within days or weeks, others could require surgery and have long term treatment. Here are some of the types of symptoms that you could expect depending on the severity of the injury that you have suffered from:
Symptoms of Mild Traumatic Brain Injuries: The symptoms resulting from mild TBIs tend to include an array of physical, sensory, and behavioral problems. These include headaches, nausea and vomiting, loss of balance and motor skills, dizziness, blurred vision, mood changes and swings, loss of consciousness for a short period of time, and more.
Symptoms of Severe Traumatic Brain Injuries: Those who sustain severe brain injuries could receive a series of long term consequences and catastrophic effects. These include a long period of time spent unconscious, persistent and worsening headaches, loss of coordination, seizures, permanent loss of motor skills, combative behavior, coma, and more.
No matter the severity of your brain injury, it is extremely important that you always have a skilled medical team by your side so that you can get started on your physical recovery. If you have suffered from a brain injury caused by another party’s negligence, speaking with a Delaware brain injury attorney at Edelstein Martin & Nelson can ensure that your rights are being protected and that all medical care you need will be paid for.
Proving the Existence of and Assessing the Severity of a Brain Injury
Proving that your brain injury exists and also that it impacts your everyday life can be difficult. If you have sustained one of these injuries, having a medical team and legal team on your side is the best way to recover both physically and financially. There are many ways that medical experts can diagnose a brain injury, such as through the following methods:
- Computerized Tomography (CT) scans
- Magnetic Resonance Imaging (MRI) tests
- Glasgow Coma Scale
- Intracranial Pressure testing
There have been huge efforts and steps made in traumatic brain injury testing in Delaware and the rest of the U.S. over recent years. Speaking with a brain injury attorney as soon as possible can help determine what tests are necessary to prove and assess your brain injury for future trial or settlement negotiations. Being able to support your claim with medical documentation is one of the best ways to prove that an injury occurred at the time of your accident.
What Economic and Emotional Consequences Can Result From Brain Injuries?
When you think of the economic impacts of a brain injury, you may be solely thinking of the medical bills that you have sustained. However, a brain injury can cost more than this – time away from work is a major factor. Many also experience an economic impact on their family as well. It is estimated that, each year in the U.S., over $40 billion is spent on TBIs and the medical expenses related to these injuries. Personal injury cases involving brain injury victims can be incredibly complex, as such an injury can be minor or incredibly severe and life-altering.
Many who experience a TBI can expect lifetime care for their injuries, especially if they are catastrophic in nature. There could be ongoing medical costs associated with treatment for a brain injury, as well as daily rehabilitation in the most severe cases. On top of this, many patients with TBIs need assistance returning to the workplace, which can be costly as well. You may even sustain lost future earnings if you have to stop working altogether due to your brain injury.
There are also extreme emotional consequences from sustaining a traumatic brain injury. You could find that you struggle to complete daily functions and activities now that you have sustained one of these injuries. The emotional and psychological harm that you have suffered from due to a traumatic brain injury could leave you feeling vulnerable and alone at times. Though bills cannot always show the costs of these impacts aside from any therapy you have received, these impacts can still be verified. With the assistance of a Delaware brain injury attorney, you can get started on your claim to receive the damages you deserve.
Recoverable Damages from a Traumatic Brain Injury Claim in Delaware
If you know that another party’s negligence led to your traumatic brain injury, you may wonder how you can secure compensation from your damages. You will likely find that there is a wide array of damages available for you so that you can get back on your feet physically, emotionally, and financially. A Delaware brain injury attorney can help you work toward the following types of compensation:
- Various types of medical expenses that you have sustained due to your head injury
- Lost wages associated with missed work or being unable to return to work
- Coverage related to brain rehabilitation and physical therapy
- Damages related to pain and suffering caused by your brain injury
- Damages related to loss of personal enjoyment
- Punitive damages if gross negligence was at play
If you have suffered a brain injury due to a sports accident or a Delaware motor vehicle accident, speaking with a skilled attorney is the best way to receive the help you need and deserve. Having help from a Delaware brain injury lawyer at Edelstein Martin & Nelson will help you obtain the compensation that is necessary to help you get back on your feet, which is why it is extremely important that you act quickly after an accident.
How Much to Expect in Compensation from a Traumatic Brain Injury Case
Speaking with your medical team and a Delaware brain injury attorney is the best way to evaluate how your brain injury has affected your life thus far and how it can in the future as well. From lost wages to medical expenses, there is a lot to consider when working your traumatic brain injury claim.
If you have suffered from a brain injury, you may find that the average settlement is at least $100,000 with all elements considered. This is because medical expenses are generally quite costly for treating a traumatic brain injury.
However, there are claims that can be worth much more, depending on the severity. Being able to prove how your injury affects your life is the best way to maximize compensation. This means that you will need clear and concise evidence to prove your claim, from medical records and evaluations to police reports and receipts.
Delaware Wrongful Death Claims Involving TBIs
At times, an unfortunate traumatic brain injury can lead to a wrongful death when a loved one loses their life. Family members have every right to file a wrongful death claim on behalf of a loved one whose life has been taken from them prematurely in an accident. If a brain injury led to the death of your loved one, you may be able to receive some of the following damages:
- Lost income and future lost wages due to not being able to support yourself after the loss of a loved one
- Medical bills that your loved one left behind
- Emotional losses such as loss of guidance, loss of consortium, and more
- Pain and suffering
Wrongful death claims involving TBIs can be especially complex and involve various sets of laws that you are likely unfamiliar with. This is why speaking with a Delaware wrongful death attorney is especially crucial after one of these accidents.
Traumatic Brain Injury Attorneys DE
Making sure that you select the most experienced and dedicated legal representation after you have suffered from a traumatic brain injury is essential for the best recovery. As you are focused on your physical and emotional recovery, a skilled and compassionate attorney can help you work toward the compensation that is needed to help you get back on your feet. The recovery from a brain injury can be a daunting and complicated process, which is why you should not have to stand alone.
Our Delaware brain injury lawyers at Edelstein Martin & Nelson are here for you and your family after an accident has caused a serious brain injury. We understand the ins and outs of personal injury laws in Delaware, and will provide you with answers to any questions that you have at this time. Please contact an attorney that you can trust immediately after your accident at (302) 295-5050 for the help you deserve.