If you have received a traumatic brain injury or your loved one has experienced this type of traumatic event, you need to speak to a traumatic brain injury lawyer without delay. What you receive in compensation can be sizable, provided you act immediately. The two-year statute of limitations on these events can run out quickly. So, you need to respond without delay.
How a Traumatic Brain Injury Lawyer Can Assist You
While worker’s compensation does kick in for injuries that happen at work, you still need to speak to a worker’s compensation lawyer California professional to ensure you receive a just and fair settlement. He or she can help you navigate the legal system and submit the documentation to expedite the process.
How TBIs Happen
According to the National Institute of Neurological Disorders and Stroke (NINDS), traumatic brain injuries (TBIs) happen when the head is violently and suddenly jarred or struck. They may also result when an object penetrates the skull, thereby entering the brain’s tissue.
The degree of severity of a TBI can range from mild to severe. Therefore, a person who experiences a TBI may remain conscious or may lose consciousness for several seconds or minutes.
TBI Symptoms in a Nutshell
Symptoms related to TBIs may include dizziness, blurred vision, tired eyes, ringing in the ears, or even a bad taste in the mouth. Fatigue, mood changes, and problems with concentration also may regularly happen. Some patients experience headaches, vomiting, nausea, seizures, restlessness, or agitation.
If you or anyone you know suffers from a TBI, you need to make sure you or your loved one receives the proper treatment and rehabilitation. That is why it’s imperative that you talk to a worker’s compensation lawyer California specialist.
The NINDS adds that anyone who has signs of a moderate to severe TBI needs medical attention ASAP. You should always receive medical treatment even if you believe your injury is transitory or mild. Mild injuries may later get more pronounced.
Tests and Treatments Related to TBIs
The U.S. Food and Drug Administration (FDA) has approved a blood test to confirm mild traumatic brain injuries in adults. For people with mild to moderate TBIs, skull and neck x-rays are normally performed to check for spinal instability or fractures. Typically, a CT scan is used to check for moderate and severe injuries.
Patients with moderate to severe injuries receive physical therapy, occupational therapy, speech therapy, and psychological, psychiatric, and social support.
Surgical Procedures for TBIs
The NINDS further states that about half of the severe TBIs will require surgery to repair ruptured blood vessels (called hematomas) or brain tissues that are bruised (contusions). The website, RxList further explains how hematomas originate and the treatment protocol.
According to the website, Science Direct, a process called “blooming” happens in acute and hyperacute contusions – an activity that includes swelling and hemorrhaging. Depending on the case, this can lead to an injury that may be minimal or, in some instances, fatal.
Disabilities and TBIs
If someone becomes disabled from a TBI, it normally is in response to their age and general overall health. Common disabilities may include problems with memory or focusing or sensory difficulties. Behavioral challenges may take the form of mood changes, anxiety, depression, or acting out.
In more serious head injuries, the patient may become unresponsive by falling into a coma or becoming vegetative (totally unaware of his or her surroundings).
Traumatic Brain Injury Work Compensation Settlements
If you or a loved one gets injured on the job and receives a TBI, your settlement will amount, typically, span from $75,000 to $205,000. You’ll need to speak to a traumatic brain injury lawyer about your case, as you may have both a workers comp claim as well as a personal injury (PI) lawsuit you’ll need to submit.
Proving Liability in a Personal Injury Case
Workers comp represents a no-fault system, so you’re able to receive benefits whether or not you or your employer were at fault. Alternatively, you must show that another person’s negligence caused your TBI if your injury was related to personal injury. This is called proving liability.
While worker’s compensation does cap the benefits on what you may receive for a traumatic brain injury, a PI claim does not. Also, workers’ compensation does not cover damages for pain and suffering. You can only receive these damages by filing a PI lawsuit.
Factors that Contribute to Determining a Settlement Amount
Before a settlement amount is determined, your lawyer will need to find out how much you earned before you were injured. Also, you’ll need to submit your medical bills and records to date. Future rehabilitation costs will also be factored into the worker’s comp amount or a claim for PI compensation.
Where to Get Legal Help
To learn more about your options and discuss your case further, contact a legal representative right away. In Los Angeles, contact the Belal Hamideh Law firm. You can contact the firm at 562-526-1224 in California.