Fairmont Traumatic Brain Injury Lawyer

Brain damage could be a complicated injury to diagnose because it could show a range of symptoms and be caused by either a significant or seemingly minor incident. If you believe you could be suffering from such an affliction, it could be beneficial to contact a Fairmont traumatic brain injury lawyer.

A personal injury attorney could discuss your legal rights, and depending on your situation, you could pursue financial compensation from the party you believe caused your traumatic brain injury (TBI).

Causes of Traumatic Brain Injuries

A TBI can occur when the brain collides with the inside of the skull. The impact could cause brain-bruising, tearing of the nerve fibers, or internal bleeding. These injuries are especially dangerous because a person could have relatively few physical signs of a TBI yet still be suffering from one.

Some incidents that may result in a TBI are:

More severe incidents are likely to put a person on alert that they may have internal brain damage, while more subtle causes, such as a sports incident, could leave the TBI undiagnosed. A plaintiff should speak with a doctor if they believe they are experiencing brain damage symptoms. A doctor can not only help the plaintiff medically, but their report could be useful to a Fairmont traumatic brain injury attorney as professional, recorded evidence of the injuries later.

Proving Negligence

In a personal injury lawsuit, typically, the plaintiff must prove the defendant was negligent, and that the responsible party’s act or lack of action caused their injuries. As a Fairmont traumatic brain injury attorney could explain, negligence is proven by showing the following elements to the court:

  • The defendant had a duty to the plaintiff
  • The defendant breached that duty
  • The breach was the cause of the plaintiff’s injuries
  • The plaintiff suffered actual damages as a result

Damages for Traumatic Brain Injuries

According to West Virginia Code §55-7-13A, if the defendant is determined to have been negligent, and the court finds the plaintiff to be less than 50 percent at-fault for the incident, the plaintiff could recover damages. TBIs could incur more losses than other types of personal injury claims because they could have long-term adverse effects. The plaintiff could be left unable to perform their job for the foreseeable future and experiencing psychological trauma brought on by the injury.

If that is the case, they should discuss the possibility of pursuing both economic and non-economic damages with their lawyer. Economic damages account for financial losses such as medical bills, lost wages, and future lost earnings. Non-economic damages recover compensation for losses which are harder to quantify, such as pain and suffering, mental anguish, and other emotional losses that brain damage could cause. While these damages could be more difficult to calculate, a Fairmount TBI attorney could help the plaintiff recover a fair amount.

Call a Fairmont Traumatic Brain Injury Attorney to Discuss Your Next Step

If you believe your injury was caused by the reckless or negligent actions of another, you should contact a Fairmont traumatic brain injury lawyer.

After assessing your situation, a lawyer with experience in this field of law could advise you as to your possible courses of action. To see how you may be able to seek financial compensation for your injuries, call today.