When it comes to road traffic, the United States can be listed as one of the busiest countries, with around 218 million individuals holding a valid driving license, as per statistics and facts available on Statista. With the sheer amount of traffic on the roads, auto accidents are prone to happen. While some of the accidents may only result in monetary loss and victim is able to escape with minor injuries, others may be more severe and lead to severe injuries or even fatality.
One of the most common injuries that a victim may suffer from an auto accident is traumatic brain injury (TBI). TBI is caused due to damage to the head and can have life-altering effects on the victim’s life. A victim usually requires extensive period to recuperate as they may suffer from memory loss or may lose the ability to speak or think due to the damage, thus requiring legal representation from a competent personal injury lawyer to obtain compensation for their treatment and recovery period.
Symptoms of a Traumatic Brain Injury
A competent personal injury lawyer will assist the victim by presenting the medical reports containing the symptoms pertaining to traumatic brain injury. These symptoms generally include impairment of cognition and motor skills, dizziness, migraines, loss of consciousness, amongst others. A medical professional may perform different tests to assess the impact and severity of the injury and provide a report, which may be used in the court as an evidence to strengthen the case.
Proving Negligence
There are 4 points of negligence that must be proved by the plaintiff to obtain compensation from the defendant, which include duty of care, breach of duty, injuries, and causation. Thus, your personal injury lawyer will have to demonstrate that defendant owed you a duty of care, they breached that duty of care, and that breach caused you a traumatic brain injury.
Every driver on the road must obey traffic rules and owe a duty of care to their surroundings. The breach of duty can also be determined by surveillance video. The medical report of the injuries that you sustained after an accident can be used to associate the damages to the accident and may help you to prove that the traumatic brain injury you suffered has a direct connection to the auto accident.
How are Damages Calculated?
In case of a successful claim, a victim may be able to obtain compensation related to their traumatic brain injury including medical bills, loss of income, trauma, and pain and sufferings that they had to endure due to the accident. These calculations can be extremely complicated as they depend upon the severity of the case, thus an expert witness with a background in the field of economics and medicine may be utilized to substantiate and explain the damages that are necessary for recovery.
If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.
