Traumatic Brain Injury Deserves Just and Fair Compensation

Written by Adam Peck Category: Injury Law January 16th, 2013 3 min read

Traumatic brain injury (TBI) is severe damage caused to the brain that can result from any head injury. Head injuries that can result in TBI not only occur from blows to the head, but can also occur from violent jolting of the head, such as whiplash. Damage to the brain can affect a person’s psychological and physiological functioning since the brain is the central command center of the body. TBI is often difficult to detect and the long-term consequences are often not noticeable until much later after an accident. Therefore, it is important to seek medical attention immediately after any head injury and monitor the effects of what may appear to be a minor head injury on a person’s behavior over time.

cognition (thinking, memory, and reasoning),
sensory processing (sight, hearing, touch, taste, and smell),
communication (expression and understanding), and
behavior or mental health (depression, anxiety, personality changes, aggression, acting out, and social inappropriateness).

Severe head trauma may also result in stupors, comas and vegetative states. All of this can severely impact an individual’s way of life. If someone you love has been involved in an accident, it is imperative that you seek medical attention and keep an eye on your loved one’s behavior, noting any unusual behavior.

Once you have received appropriate medical care for your loved one’s injury, you should consider consulting a brain injury lawyer to recover damages (see Types of Damages). If a traumatic brain injury is the result of someone else’s negligence, a personal injury lawyer may be able to help you receive compensation for such things as medical bills, pain and suffering, loss of ability to provide/earn income, and the costs of lifelong assistance needed by someone with TBI. A personal injury lawsuit may be your best course of action if your loved one’s TBI is due to someone else’s behavior (see Understanding Personal Injury Lawsuits).

Since traumatic brain injury can be difficult to detect immediately after an accident and may only become evident with time, it is important to not only seek medical attention right away, but also legal advice. A brain injury lawyer should be able to tell you what documentation you will need to make a strong case for a personal injury lawsuit. Such things would include, an accident report, medical records, a neuropsychological report that details future care needs, a life care plan that will help determine the economic needs of a TBI victim throughout the remainder of their life, and a record of the financial burden a TBI has had on your family. A brain injury lawyer should be able to advise you on the specific information that you will need to pursue a personal injury lawsuit.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.