Here at Cohen, Snyder, Eisenberg & Katzenberg, P.A., we represent people who have been harmed in motor vehicle accidents caused by the negligence or recklessness of others. Unfortunately, people involved in car crashes experience brain injury all too often and it is important to engage legal counsel with substantial understanding of what is involved in recovering adequate damages to pay for past, present and future needs of the brain-injury victim.
TBI and crashes
The Centers for Disease Control and Prevention or CDC provides information and statistics about traumatic brain injury or TBI and concussions, including:
- A TBI victim may have short-lived effects or he or she may have lifelong limits.
- Symptoms may include cognitive impairment, memory problems, movement limitations, vision or hearing impairment, or mental impairment like depression.
- Most TBIs are mild (concussions), but even concussions can have serious and long-term health consequences.
- Motor vehicle accidents are the third most common cause of TBI emergency-room visits, hospital admissions and death (2013 data).
- Motor vehicle crashes were the most frequent cause of death in people five to 24 years old in 2013.
- Motor vehicle accidents were the top reason for hospital admissions for non-fatal brain injury for “adolescents and persons 15-44” (2013 data).
Damages for brain injury
In a personal injury case for an accident-caused TBI, it is vital that the lawyer representing the victim seek comprehensive damages after securing assessment by medical experts, therapists, mental health professionals and any other necessary experts needed to assess future needs.
For example, in addition to past and future medical expenses, lost wages, pain and suffering and other compensable losses, care must be taken to carefully consider whether there will be a need for money for other related expenses such as long-term care, mental health support, home and vehicle modifications, job retraining, lost earning potential and more, depending on the individual injury.
Legal counsel will normally seek recovery of these damages in a personal injury lawsuit. Negotiation may result in an acceptable settlement or the attorney will advocate at trial for comprehensive damages for TBI.