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Car Accident Brain Injury FAQs

xray view of man with brain
August 7, 2018

Brain injuries are one of the most common aftermaths of car accidents. But, do you know exactly what qualifies as a brain injury, how they can affect you, or even how damages are calculated in lawsuits?

Below, we answer these and several other questions to help you get prepared in case you have to deal with such an injury in the future.

  • What is a brain injury?

A brain injury is any damage that causes temporary or permanent functional damage to the brain.

  • Are there different types of brain injuries?

Yes. There are two broad categories of brain injuries; Acquired Brain Injuries (ABIs) and Traumatic Brain Injuries (TBIs). ABIs are caused by strokes, tumors, anoxia, toxins, hypoxia, degenerative diseases, near drowning, and other factors that aren’t necessarily external. TBIs, meanwhile, are caused by external impact and include concussions, contusions, coup-contrecoups, diffuse axonals, and penetrations. Car accidents brain injuries are mostly TBIs. TBIs can be mild, moderate, or severe.

  • How can TBI affect a person?

Traumatic Brain Injuries can affect pretty much everything that has to do with the brain. That means your basic body functions like eating and talking can potentially be altered. In serious cases, TBI can also cause seizures and epilepsy, and increases the risk of Alzheimer’s and Parkinson’s disease. Long term, victims may suffer depression, irritability, and aggression as well as paralysis and digestive problems.

  • Do I need medical evaluation after a car accident TBI?

Yes, you do. The main reason is that it’s almost impossible to assess the extent of a brain injury without professional evaluation. Additionally, an evaluation can help reveal the injured person’s ability to work and is often used to determine whether or not you have a right to receive economic compensation.

  • What kind of compensation can I get if I file a lawsuit?

This normally depends on the type and severity of the damage. In general, though, you’re likely to receive compensation for present and future medical costs, lost wages, and pain and suffering.

  • What exactly do I need to prove negligence?

Since compensation is commonly influenced by the role each party played in the accident, you’ll need to prove that the other party was negligent. To do this, you need to illustrate four things; (1) the defendant had a duty to avoid the harmful situation, (2) the duty was breached or fell below an expected standard, (3) the breach of duty was the main cause for the accident, and (4) injury or loss was suffered as a result.

  • Are there limits on damages?

In Florida there are no limits to damages; however, the insurance coverages can affect the value of your case.

Find Legal Assistance Today

Need legal advice or representation for a car accident brain injury in Stuart & Port St. Lucie, FL? Contact us today for a free consultation and case evaluation and let’s help you fight for the compensation you deserve.

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