Brain injuries come in many different forms. Boston brain injury lawyers take cases every year from brain injuries that range from concussions to hemorrhages. Among these are traumatic brain injuries, or TBI, for short. In data collected in Massachusetts, there were 796 deaths, 4,917 hospital stays, and 66,952 emergency room visits in 2014 for TBI.
Brain injury can have a serious impact on the victim and the lives of the people around them. In some cases, none of the affected parties can get back to a normal life. That is why Boston brain injury lawyers, like TorkLaw, fight to get victims and their families the compensation they deserve.
Types of Brain Injuries
Just because the brain is encased in the skull doesn’t mean that it is safe from damage in the event of an accident or trauma. There are different brain injury types, each with its own set of risks and possibly permanent repercussions.
- Hematoma – A hematoma is a collection of blood that occurs outside of the blood vessels. If found in the brain, the clotting can lead to pressure buildup in the skull, causing you to lose consciousness or result in permanent brain damage.
- Hemorrhage – A hemorrhage is uncontrolled bleeding. When found inside of the brain, it is called intracerebral hemorrhage. In the space between the skull and brain tissue, it is a subarachnoid hemorrhage.
- Concussion – A concussion is a commonly diagnosed brain injury, potentially leading to permanent brain damage. Concussions result from sudden acceleration and deceleration, which can cause the brain to physically move within the skull.
- Skull Fracture – Your skull is unlike any other bones in your body as it does not contain bone marrow. This attribute makes it harder to break. If you get a skull fracture, it is not strong enough to protect the brain from even a minor blow.
- Traumatic Brain Injury – When a TBI occurs, it can be mild or severe. Mild cases may be able to correct itself over time; the more severe cases result in torn tissues, bruising, and physical damage to the brain. If severe enough, TBI can result in permanent disability or even death.
Symptoms of Brain Injuries
Not every symptom of a brain injury will show up right away. Some may be instant upon the impact, whereas others may show up one to two days later. Each person is different and may exhibit them differently.
Minor head injury symptoms may include:
- Headache
- Dizziness
- Lightheadedness
- Nausea
- Minor confusion
- Tinnitus
Symptoms of a severe head injury may consist of minor head injury symptoms and also include:
- Seizures
- Loss of consciousness
- Disorientation that may be severe
- Vomiting
- Abnormal eye movements
- Lack of the ability to focus with the eyes
- Balance or coordination problems
- Memory loss
- Worsening headache
- Loss of muscle function
- Leaking clear fluid from ears or nose
- Abrupt changes in mood
In many brain injury cases, victims may have to spend time recovering or in a rehabilitation program. When certain parts of the brain are affected by the trauma, it can cause deficits in skills that may need to be retaught.
Causes of Brain Injury
Not all brain injury is caused by the negligence of someone else. In fact, a majority of TBI related injury is due to a fall. Concussions often are a result of sports-related accidents. If your brain injury results from a person or entity’s negligence, you may be entitled to compensation.
Possible TBI or brain injury causes:
- Vehicular accidents
- Falls
- Military maneuvers
- Violence
- Stroke
- Tumors
- Brain infections or inflammation
- Lack of oxygen
- Other illnesses or infections
Boston Brain Injury Lawyers Proving Negligence
Depending on the circumstances that caused the brain injury, the job of the Boston brain injury lawyers you choose is to prove the party’s negligence that caused the brain injury. It isn’t always as simple as using a police report in a car accident to prove the other party at fault. Sometimes it could be a slip and fall accident that caused the injury.
Duty
The first step of proving negligence is to prove that the defendant owed the injured party a duty of care. The duty of care is the assumption that someone should act in a particular manner in the situation.
For instance, if a slip and fall occurred due to a wet floor with no wet floor sign present, the employee failed to practice a duty of care by placing the sign in the area with the slick surface.
Breach of Duty
When proof of the defendant’s failure to exercise the correct duty of care in the situation is presented, this is their breach of duty. They failed to do what they were reasonably expected to do in the situation.
Causation
A Boston brain injury lawyer will be tasked with proving that the breach of duty caused the victim’s injury. The point must be proven that the injury would not have occurred if the breach of duty hadn’t occurred.
Proximate Cause
As your lawyer, we must prove that the defendant’s actions are the closest cause of the victim’s injuries. The proximate cause must be the reason for seeking damages within the lawsuit.
Damages
Negligence laws require that proof of legal harm must be proven. This proof can be in personal injury or property damage and usually involves a monetary amount. If a duty of care was not practiced, but no harm came from it, it is not a negligence claim.
TorkLaw Providing Services for Boston Brain Injury Victims
For many years, we have been providing services across the United States for victims who have been harmed by someone else’s negligence. More importantly, we understand the long-term effects of brain injuries and even wrongful deaths that result from them.
We will help prove negligence to get you the economic, non-economic, and the potential punitive damages you are owed. Your recovery and rehabilitation should be the focus of your time, not trying to pay the medical bills or fret over lost wages.
If you or a loved one have been diagnosed with a brain injury from another person or entity’s negligence – call our Boston legal office for a free consultation. Our experienced legal professionals are available to take your call at 888.845.9696 and ready to review your case.