Traumatic brain injuries (TBI) are serious medical conditions that can cause permanent cognitive disabilities, physical disabilities, and life-threatening complications. A TBI victim could require lifelong care, depending on the severity of their traumatic brain injury. This can include help with tasks such as walking, bathing, and eating.
Traumatic brain injuries typically stem from an accident or injury and generally range from mild to severe. Slip and falls, work accidents, and car accidents are the most common causes of TBI. The liability for a TBI is typically based on negligence, and a variety of parties could have acted negligently to cause the traumatic brain injury accident.
If you or a loved one suffered a head or brain injury during a serious car accident or any other incident where the defendant’s negligence caused skull fractures, a knowledgeable Maryland traumatic brain injury attorney with Parker, Pallett, Slezak & Russell, LLC can help you recover compensation when you need help covering your medical bills and other expenses.
What is a Traumatic Brain Injury (TBI)?
A physical blow to the head causing a brain injury is called a traumatic brain injury (TBI). The word traumatic may sound severe, but not every TBI injury is life-altering, and in most cases, people eventually recover. Unfortunately, some traumatic brain injuries can be devastating, and the victims may be permanently injured or disabled.
Traumatic brain injuries are divided into three levels by severity, depending on how the victim scores on the Glasgow Coma Scale:
- Mild traumatic brain injury, also known as a concussion
- Moderate traumatic brain injury
- Severe traumatic brain injury
The most common type of TBI is a concussion. Most people are unaware that a concussion can be a serious and possibly fatal brain injury. It could take months or years for a patient to fully recover from a concussion, depending on its severity.
Who Can Be Held Liable for a Maryland Accident That Caused Head Injuries?
A victim can file a traumatic brain injury lawsuit if the injuries were caused by an individual’s negligence, (such as a distracted driver who caused a crash) or through a business’s negligent actions (such as a store that lacked adequate maintenance, leading to a slip and fall accident). You could be entitled to seek maximum compensation if your or a loved one’s TBI was caused by someone’s intentional or negligent acts, or in medical malpractice cases. The person responsible or their insurance company could have to pay for your pain and suffering, lost wages, medical bills, long-term consequences related to your accident, and other losses you incurred due to a traumatic brain injury.
Causes of Brain Injuries
Negligence typically involves the failure to meet expected and reasonable standards of care. To have a successful case, our traumatic brain injury attorneys must prove the elements of negligence to the court.
Brain injury lawsuits often result from negligence, though intentional acts of harm do occasionally happen. These types of cases can be very painful for victims and their families since the defendant intended to cause them harm. Acts of criminal violence, fights, and assaults are some examples of how intentional acts of harm may lead to a traumatic brain injury.
Rather than prove elements of negligence, our attorneys must prove the defendant had clear intent. This can be challenging, but gathering evidence regarding the conduct and actions of the defendant can be helpful. In many cases, the defendant is criminally charged and tried in a criminal court before the attorney can pursue a civil lawsuit.
It may feel unfair to have to wait to receive justice, but a criminal court proceeding may benefit your case. If the defendant is found guilty in criminal court, your attorney can use the criminal conviction against them in your civil proceedings.
Proving Negligence in a Maryland Traumatic Brain Injury Lawsuit
Negligence requires four legal elements to be proven in a court of law. Negligence is different for every traumatic brain injury case. A traumatic brain injury attorney can assist you in identifying and proving how your injuries were sustained by a negligent act.
In an auto accident, the defendant has a duty to drive safely and obey traffic laws, such as speeding or failing to stop at a red light, and any breach of this duty can prove negligence in your case. In a slip and fall accident, the defendant has a duty to repair or remove known dangerous or hazardous conditions before anyone can slip and hit their head and suffer a catastrophic injury. The standard for medical malpractice lawsuits involves proving that a doctor’s treatment fell below the reasonable standard of care. This can be very difficult to prove without a skilled attorney.
A Maryland brain injury attorney can help you gather evidence to prove the four legal elements of negligence, no matter how your head injury occurred. You deserve to be compensated for the damages you suffered. PPS&R, LLC has the knowledge needed to help defend your legal rights in Maryland.
Maryland Traumatic Brain Injury Damages
TBI victims can be eligible for various economic and non-economic damages. The amount and nature of your damages depend heavily on the specific details of your case. These damages can include:
- Lost wages
- Lost earning capacity
- Medical expenses
- Physical therapy and rehabilitation expenses
- Prescription drug costs
- Emotional distress
- Equipment and medical devices
- Property damage
- Expenses for caregivers and personal nurses
- Pain and suffering
- Funeral and burial expenses in cases involving wrongful death
Contact Our Maryland Brain Injury Attorney Today
Being injured in a preventable accident can be overwhelming, but when you are also suffering a traumatic brain injury, life can feel like it is spinning out of control. If you or a loved one suffered a traumatic brain injury in Maryland, the best thing you can do is seek legal counsel from a skilled and dedicated attorney. The Maryland traumatic brain injury lawyers of Parker, Pallett, Slezak & Russell, LLC are ready to help you with your case. Contact us today to request a free consultation with our one of our personal injury lawyers, or by calling us at (410) LAW-YERS.