People suffer from traumatic brain injuries (TBI) when they are hit violently on the head or when their brain is penetrated by a sharp object. A mild injury may be temporary, but a more serious one may cause lifelong damage to the brain, requiring expensive care. If another person’s negligence resulted in your catastrophic injury, a Marlborough traumatic brain injury lawyer could fight for the compensation you will need.
When to See a Doctor
Before consulting any lawyer, check with a doctor if you believe you have suffered a brain injury. Traumatic brain injuries may be mild, moderate, or severe, but even a mild injury needs immediate medical attention. A doctor should diagnose any head injury as soon as possible because symptoms may not occur immediately, and damage may be compounded with brain swelling and bleeding.
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Common Causes of TBIs
About 1.7 million Americans are diagnosed each year with traumatic brain injury. Those most at risk are children ages zero to four, males from 15 to 24, and seniors. Some of the most common causes of TBI are:
- Falls off ladders, down flights of stairs, and in the bath
- Vehicular crashes involving cars, motorcycles, bicycles, and pedestrians
- High impact sports collisions including from football, soccer, boxing, skateboarding, and diving
- Violent acts such as gunshot wounds, domestic violence, and child abuse, including shaken baby syndrome
- Explosions, including combat injuries from shrapnel, and construction site injuries
Not all traumatic brain injuries are caused by someone else’s negligence. Still, victims should contact a Marlborough attorney to discuss compensation from the parties that caused the TBI.
Proving Negligence After a Traumatic Brain Injury
An attorney who understands head injuries could review medical records, police reports, witness statements, and any other evidence pertinent to a personal injury case. An attorney could file a civil lawsuit on behalf of the plaintiff based on the tort of negligence. To prove negligence, the plaintiff must show that the defendant had a duty to act reasonably but did not, thus causing the injury. For example, a motorist has the duty to drive reasonably and obey all the rules of the road. Failure to adhere to this duty may make them liable for damages.
Modified Comparative Negligence
Occasionally, a victim may be partially responsible for the accident, but they could still recover damages under Connecticut’s modified comparative negligence law. The victim must be no more than 50 percent at fault to recover compensation, but the courts will reduce the damages award by the percentage of fault. For example, if a plaintiff is awarded $100,000, but the court finds them 30 percent at fault for their accident, the award will be reduced by 30 percent to $70,000. A Marlborough traumatic brain injury attorney could study the facts of a case and estimate how liable their client might be.
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Damages Available in a TBI Case
Compensatory Damages
Compensatory damages are divided into economic and noneconomic. Economic costs are easily calculated and include medical bills and lost wages. Noneconomic costs include losses that cannot be measured, such as the victim’s pain and suffering, the inability to return to a job, and the loss of enjoyment of life.
Punitive Damages
In certain cases, Connecticut does allow a victim to recover punitive damages if the defendant acted outrageously or intentionally. Punitive damages are meant to punish a perpetrator in hopes of thwarting any future actions. State law allows punitive damage awards of two to three times the compensatory awards. A Marlborough head trauma attorney could fight for punitive damages if they are available.
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A Marlborough Traumatic Brain Injury Attorney Could Help
You may feel that your life is out of control if you suffer from a brain injury caused by someone else. Concentrate on getting better while a Marlborough traumatic brain injury lawyer fights for your legal rights. Call now for your free consultation.
