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Traumatic Brain Injury Lawsuits in California
Traumatic brain injuries (TBI) may be mild, moderate or severe. The majority of brain injury cases are classified as mild. These injuries may result in short-term loss of consciousness, some memory loss, confusion or disorientation within 24 hours after the incident.
March 27, 2009 /Seniors PR News/ -- Traumatic Brain Injury Lawsuits in California
Article provided by Ball & Roberts. Please visit our Web site at www.pasadenalaw.com/.
Traumatic brain injuries (TBI) may be mild, moderate or severe. The majority of brain injury cases are classified as mild. These injuries may result in short-term loss of consciousness, some memory loss, confusion or disorientation within 24 hours after the incident. Moderate or severe TBI results in bruising and swelling of the brain. Additional conditions may result from such brain injuries, such as a heart attack, stroke, coma, amnesia, skull fractures, brain contusions, hematomas and others depending on the type and severity of the injury.
TBIs occur for a variety reasons. The most common cause is a violent force or blow to the skull. The force results in the brain hitting the sides of the skull, which can create swelling, bruising, pressure on blood vessels and cutting of nerve tissue. Other sources of TBI may vary depending on the circumstances. Some examples of brain injuries, where contact is involved, are slip and falls, automobile accidents, motorcycle accidents, boating accidents, work-related accidents, athletic-activity accidents, medical accidents, diseases or violence perpetrated by another individual. Other brain injuries may be caused by an occurrence without contact; an example of this type of cause would be whiplash.
TBI Litigation
Most TBI cases will be based on a theory of negligence. In this type of claim, the plaintiff (injured party) must establish the elements of negligence to the court based on the facts of the case. The elements of negligence are as follows: the defendant owed the plaintiff a legal duty of care (this may be based on a "reasonable person" or an industry standard), the defendant breached that duty of care, the breach caused the plaintiff's injuries and, lastly, the plaintiff suffered loss (damages) as a result.
One of the most difficult aspects of a negligence claim is often proof. In many cases, an injury is not diagnosed right away and delay may make it harder to prove. In other cases, the symptoms of an injury may be so subtle that the defense may try to claim that they are "normal." Additionally, some injured persons may experience memory loss and may be unable to give the court an accounting of the accident that caused their injuries. Since brain injury cases have unique difficulties of proof, witnesses may be key elements of establishing a brain injury case. Based on the claim, witnesses may testify about the accident (accident witnesses), the injured party's symptoms and behavior changes (family members, friends) or provide a medical diagnosis of the injuries (expert witness).
Proving Traumatic Brain Injuries
When proving a brain injury, diagnosis is vital. An expert witness, or witnesses, is commonly used to prove a brain injury. Often, a case may have a team of specialists, such as a neurologist, neuropsychologist and physiatrist, who have examined the plaintiff, based their diagnosis on their findings and presented their findings to the court.
Alternatively, a layperson can contribute to proving a brain injury claim by noting symptoms and documenting any changes in the injured person. Some symptoms may be very subtle or difficult for someone who does not see the individual on a regular basis to observe. Some examples may be a change in personality, change in normal ability to function, change in interaction with other persons or other behavioral changes. Other symptoms may be more obvious and documented by a physician, such as blood loss, unconsciousness, difficulty breathing or low heart rate.
If the plaintiff proves his or her case to the court, compensation may be awarded for losses. The amount and type of compensation available may depend on the facts of the case, the state the claim is in and the type/severity of the injury. The court will consider various factors when determining damages, such as medical expenses, cost of future medical treatment and rehabilitation, lost wages, loss of future earning potential, loss of consortium, diminished quality of life, pain and suffering and others.
Consult an Attorney
The effects of a traumatic brain injury can be severe and long lasting. If you or a loved one has suffered a TBI, you should seek medical treatment for your injuries to begin examining and documenting your symptoms. Then speak to a personal injury attorney in your area. An attorney knowledgeable in traumatic brain injury cases will be able to answer any questions you may have, explain your legal options and assist you in your personal injury claim.
Source: Ball & Roberts
Website: www.pasadenalaw.com/
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