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.
A brain injury is any damage that causes temporary or permanent functional damage to the brain.
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.
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.
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.
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.
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.
In Florida there are no limits to damages; however, the insurance coverages can affect the value of your case.
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.