Brent Wieand is an aggressive traumatic brain injury lawyer in Philadelphia with significant experience representing accident victims who have suffered traumatic brain injuries (TBIs). If you or a loved one has suffered a traumatic brain injury in Pennsylvania or New Jersey, you may be entitled to compensation.
The Philadelphia traumatic brain injury lawyers at the Wieand Law Firm have the resources necessary to help you pursue justice for your injury. Brain injuries can be devastating to victims and their families. That’s why you need a TBI attorney to fight hard on your behalf.
Common Causes of Traumatic Brain Injuries
A traumatic brain injury is caused by a blow or jolt to the head that disrupts the normal function of the brain. According to the Centers for Disease Control and Prevention (CDC), there were over 64,000 TBI-related deaths in the United States. Even more individuals suffer with disabilities caused by head injuries and concussions that impact their ability to enjoy daily life, function, and earn a living.
Brain injures can result in a wide range of symptoms and disabilities. Philadelphia brain injury lawyers understand that two brain injuries are the same. And frequently, the consequence of two similar injuries may have significantly different symptoms.
Situations that Can Result in Traumatic Brain Injuries (TBIs)
- Motor vehicle accidents– such as concussion from car accident.
- Slip and fall accidents – falls lead to nearly half of TBI-related hospitalizations
- Assault and Battery
- Medical Mistakes
The consequences of a TBI can have a significant impact on the victim’s life and their family’s life. Victims may suffer temporary or even permanent impairments and debilitation. Injuries such as anoxic brain injuries can have life-threatening impacts when the brain is deprived of necessary oxygen.
A head injury claim can be very complex. Seeking the advice of a TBI attorney with experience in these types of cases is crucial to getting you the best possible result.
Signs and Symptoms of Traumatic Brain Injuries (TBI’s)
In some cases, certain indicators may appear immediately. Other times, symptoms of a traumatic brain injury may not be present for days or weeks after the incident. The leading causes of traumatic brain injuries are trip/slip and falls, car accidents, incidents where a person is struck by an object on the head, violence and sports injuries.
A traumatic brain injury can be mild, moderate or severe.
Symptoms of Mild TBI
Mild traumatic brain injuries will generally involve one or more of the following symptoms:
- Loss of consciousness for any period;
- Loss of memory for events immediately before or after the incident or an alteration;
- Feeling dazed, confused or disoriented;
- Post traumatic amnesia last no longer than 24 hours.
In cases of a mild brain injury or concussion, permanent changes of memory and concentration can occur, even absent loss of consciousness. A severe head injury happens if there is loss of consciousness of at least 24 hours.
Symptoms of Moderate or Severe TBI
A person with a moderate or severe brain injury may experience severe headaches, vision loss, seizures, movement problems, and problems with their thought processes or memory. Many of these symptoms can persist for an extended period of time. If you or a loved on has suffered a moderate or severe TBI, contact a Philadelphia brain injury lawyer about filing a head injury claim to seek compensation for your injuries.
Proving Liability for Traumatic Brain Injuries
Proving a head injury claim is important to achieve monetary compensation to for injuries you experienced. To prove your claim, a TBI attorney must be able to show that:
- The defendant had a duty of care
- The defendant failed to meet the duty of care
- As a result of the defendant’s actions or inactions, you suffered an injury that resulted in damages
Proving these elements will require evidence. First, you must prove that you suffered an injury. A TBI attorney will work to procure the medical records to support the injury you suffered to back up your claims.
Proving a TBI can sometimes be difficult because symptoms associated with brain injuries may not be visible on a CT scan/MRI, or could also be found in otherwise healthy person. To overcome these obstacles, Philadelphia brain injury lawyers work with top experts such as neurologists and psychiatrists to link the injury to the accident. When a claim involves a diffuse brain injury, a neuropsychologist may be used to prove causation and damages.
A TBI attorney will also work to prove the severity and long-term impacts of your injuries. This will strongly impact the amount that you can receive in compensation. These expenses include hospital bills, rehabilitation treatments, in-home or long term care, as well as anticipated future medical expenses.
From expert witnesses to demonstrative evidence, every detail is important when proving a serious head injury claim. A Philadelphia brain injury lawyer at Wieand Law will give you the personalized attention needed to fully understand your unique circumstances and prove your case.
Trust your case to an experienced TBI attorney who is knowledgeable of the science behind brain injuries and the law. If you or a family member has suffered a brain injury and have a legal question call experienced traumatic brain injury lawyer Brent Wieand directly at 1 (215) 666-7777 for a free case evaluation.
What is a Closed Head Injury
Many closed head injuries are caused by slip/trip and fall accidents, sports and automobile accidents. In general, there are six main types of closed head injuries.
- Sub Concussive Impacts
- MTBI – Mild Traumatic Brain Injury Contusions
- SAH – Subarachnoid Hemorrhages
- SDH – Subdural Hematoma
- ICH – Intracerebral Hematoma
Closed head injuries can be focal or diffuse. Focal head injuries, such as a hematoma or intracranial hemorrhage, are confined to one area of the brain. They can be visually verified by a CT scan or MRI.
Diffuse head injuries, like sub concussive impacts and concussions, occur throughout the brain and are difficult to detect and define. They can result from acceleration damage to the brain which can alter brain function. Diffuse brain injuries are known to cause progressively severe brain dysfunction. Diffuse brain injuries cannot be readily observed by x-rays or other brain scans. Diffuse injuries are often characterized as one of three types:
- Mild Concussion generally cause a temporary disturbance of neurologic function without loss of consciousness. Some common symptoms after a mild concussion – such as concussion from a car accident – may include headaches, loss of memory (amnesia) and confusion, ringing in the ears, vomiting, slurred speech and nausea.
- Classical Cerebral Concussion temporary, reversible neurologic deficiency caused by trauma that results in temporary loss of consciousness. The pathology of a cerebral concussion is difficult to establish because there is no opportunity for neuropathological observations. A cerebral concussion is a mild form of diffuse axonal injury and the loss of neurological function is a result of axonal disfunction. Symptoms may range from reversible neuronal depression to permanent damage.
- Diffuse Axonal Injury (DAI): traumatic microscopic brain injury with prolonged loss of consciousness for more than 24 hours), often with resulting residual neurological, psychological or personality deficits. DAI is caused by the brain being suddenly and violently shaken within the skull as opposed to a blunt force trauma to an isolated region. It can result from trip and falls, babies that are shaken, car accidents and sports. Presently, there is little that can be done to physically repair damage that occurs with a diffuse axonal injury. Treatment of this type of injury usually focuses on rehabilitation that can help a patient compensate for the damaged axons. It may include physical therapy, speech therapy, and occupational therapy.
Motor vehicle accidents are a common cause of TBIs. Data from the Centers for Disease Control and Prevention show that motor vehicle accidents were the most common reason for pediatric TBI related injury or death in 2019. A Philadelphia brain injury lawyer explains the seriousness of these issues.
A concussion from car accident results in the brain being traumatized. This occurs either due to the impact of the crash, or the sudden change in momentum of the vehicle, such as a quick deceleration upon collision. Sometimes, concussion from a car accident results in unconsciousness. Other injuries that victims may sustain include:
- Brain contusions from breaking of small blood vessels
- Coup-contrecoup injuries from two contusions that occur on opposite sides of the brain when a violent impact stops the head suddenly and then the brain rebounds on the other side.
- Diffuse axonal injuries that result when the brain nerves are stretched and tear from a violent impact or rotation. These can cause crippling, permanent brain damage and impairments, including death.
The effects of a concussion from car accident can persist for months or years. Medical expenses can quickly pile up and become overwhelming. A TBI attorney will work with your doctor to obtain evidence of a TBI and help put together a head injury claim to help you achieve the compensation you deserve for your medical bills, supportive care, and rehabilitation.
Slip and Fall Head Injuries
A slip and fall accident can result in serious head injury such as trauma to the brain or skull. Brain injuries can occur when the head strikes a floor, piece of furniture, or hard object upon decent. Injuries can range from a mild bump or bruise on the head to a traumatic brain injury. Slip and fall accidents that result in head injuries commonly result in visits to an emergency room or urgent care center.
Following the injury, victims may endure debilitation symptoms and emotional strain from the slip and fall accident. After a head injury, victims often are less able to function independently and face significant changes in their daily life and routines. Sometimes, victims have permanent, long-term damage that require them to relearn rudimentary skills, such as walking and talking. Many are unable to return the same job they had prior to the fall or are unable to work at all.
These physical impacts can result in hardship from medical bills. If a head injury was the result of negligence from a property owner, a Philadelphia brain injury lawyer can seek compensation for your hospital stay, rehabilitation, lost wages, lost future earnings and pain and suffering by filing a head injury claim.
How Much is a Head Injury Claim Worth?
Traumatic brain injuries are one of the debilitating injuries you can sustain. These injuries can cause permanent disabilities and loss of function that impact victims and their families for years to come. These physical injuries often come with large price tags for medical care and rehabilitation. If your injury was the result of an accident from another person’s negligence, you may wonder how much is a head injury claim worth.
In 2020, the national verdict for a brain injury claim was $1.4 million. However, most brain injury claims are settled prior to trial. These settlements are made outside of court and the settlement amounts are often less than a jury award.
To determine how much is a head injury claim worth, you must consider the specific facts of the case. For example, the award will be dependent on a variety of factors including how the injury occurred, the severity of the injury sustained, the amount of medical care received, and what the anticipated future care needs or income loss may be. These damages are unique to each claim.
In general, settlement amounts for a head concussion, such as concussion from car accident, are typically lower than awards for a severe traumatic brain injury. However, even head injury claims from a mild TBI may be substantial. For example, a victim who suffers a mild TBI and develops post-concussion syndrome (PCS) and experiences symptoms such as migraines, memory problems, and dizziness that prevent their return to work may be able to seek full compensation for their medical care, lost wages, and anticipated future earnings.
Healing from a traumatic brain injury can be a long process that involves multiple medical professions. People who suffer from a TBI often have lasting effects that result in significant medical costs. The estimated cost of care for an individual with a severe brain jury ranges from $600,000 to $1.87 million. Mild or moderate brain injuries may incur care costs from 85,000 – $900,000.
A head injury claim can seek compensation for your current and future medical expenses such as:
- Acute Rehab
- Subacute rehab
- Skilled nursing Care
- Outpatient Therapy
- At-Home Care
- Assisted Living
- Prescription medication
A TBI attorney understands that after a brain injury, you likely require care from a robust medical team that may include physicians, physical therapists, occupational therapists, speech therapists, nurses, social workers, and psychiatrists. A head injury claim can help you recover compensation and help you afford the care that you need following your injury.
Loss of Future Earnings Following a Brain Injury
After a brain injury, nearly 60% of adults remain unemployed two years after the injury. If you must take a significant amount of time off from work, or if you are unable to return to your previous job or work at all, you may be able to seek compensation for your lost wages or future lost earnings.
Calculating future lost earnings involves a complex calculation that considers your age and life expectancy, your previous occupation and professional skills, your post-injury earning capacity, and your lost benefits such as health insurance or pension. A skilled TBI attorney can calculate these damages to assure that you seek full compensation for your losses.
TBI Pain and Suffering: Non-Economic Losses in Head Injury Claims
A traumatic brain injury causes not just physical injury but also emotional damage. Non-economic losses following a TBI include:
- Pain and Suffering
- Mental Anguish
- Loss of Life’s Enjoyments
- Loss of Consortium
- Emotional Distress
Non-economic damages can vary significantly between individuals. Your TBI lawyer attorney will help you document these losses to fully illustrate your injury has impacted your life.
In some situations, punitive damages may be awarded in a jury trial. These damages are typically used to punish a defendant who deliberate malicious or reckless behavior and to deter them from similar behavior in the future.
Other Factors That Affect the Value of a Head Injury Claim
How Much is a Head Injury Claim Worth in Pennsylvania or New Jersey? Factors such as your economic losses, non-economic losses, and punitive damages can affect the value of your claim. However, there are other factors that can also influence your TBI settlement amount.
- Maximum Medical Improvement: Traumatic brain injuries can take time to improve or for symptoms to resolve. It’s important that your physician believes that you have reached maximum medical improvement before negotiating your settlement. This is important so that you can fully understand the prognosis, anticipated future medical costs, and whether or not you are able to return to work in your previous capacity.
- Liability and Contributory Negligence: Cases with stronger evidence and clearer liability may settle faster and for higher amounts. Additionally, states such as Pennsylvania and New Jersey consider whether your actions contributed to your accident and may reduce your recovery by your share of fault.
After a brain injury, seek medical care as soon as possible. Then, reach out to a qualified Philadelphia brain injury lawyer at the Wieand law Firm to ensure that you seek full and fair compensation for the harm you endured.
At Wieand Law, we have years of experience representing clients who have sustained injuries due to falls, nursing home neglect, slip and falls, and car accidents. We work closely with industry experts to ensure you receive correct diagnosis and treatment and provide expert testimony about the impact your injury has had on your life and for your future.
Call 215-666-7777 to speak directly with an attorney for a free, no obligation consultation.
*Disclosure: This article does not constitute legal or medical advice. You should always consult with a legal or medical professional if you have questions about your legal rights or medical condition. Attorney Brent Wieand is an experienced traumatic brain injury attorney in Philadelphia. He is proud to serve clients throughout Pennsylvania and New Jersey.