One of the most catastrophic and debilitating injuries that one can suffer in a car wreck is a head injury. When someone sustains a sudden jolt, blow, or trauma to the head, they can suffer from a traumatic brain injury TBI. The injuries can be mild, moderate, or severe, with the latter two requiring immediate and ongoing care. However, even for minor head injuries and concussions, immediate treatment with a local emergency department or doctor is recommended to get proper treatment and diagnosis.

While there is no medical cure for brain injuries, patients can improve their condition significantly with the help of therapy and treatment. Fortunately, in Kentucky as well as most other states, you have the legal right to pursue compensation when someone else’s negligence causes you to suffer a brain injury.

Schedule an appointment with a highly experienced Lexington traumatic brain injury lawyer at Maze Law Offices for free help with your case. Our knowledgeable catastrophic injury representatives are determined to help you secure a favorable outcome in your case to alleviate any financial burden of medical bills, lost wages, as well as future damages.

What is a Traumatic Brain Injury?

The brain is a delicate organ responsible for everything from breathing to regulating heartbeats and communicating. Damage to a person’s brain could be permanent when an accident or intentional act causes external head trauma. Sadly, TBIs often cause permanent disabilities, requiring lifelong medical treatment and potentially overwhelming medical costs as well as impaired earnings.

The Common TBI Causes in Personal Injury Lawsuits

The most common TBI causes include the following:

Brain injuries typically fall within two categories, depending on the type of trauma someone’s brain sustains. Closed injuries occur when the object does not fracture the individual’s head or after a sudden jolt, causing the brain to strike the inside of the skull. Penetrating TBIs are caused when flying or falling objects strike the person’s head and puncture their skull, damaging the brain.

A seasoned attorney with a history of reviewing and studying these types of cases in Lexington could investigate the circumstances of the traumatic brain injury and hold the driver and their insurance company responsible for the damage.  Moreover, the damages will need to be calculated from the date of loss into the future for all facets of life that have been impaired.

Recoverable Damages in Brain Injury Civil Actions

The costs associated with moderate to severe brain injuries, including medical care and assisted living services, are significant, and the settlement amount may be substantial. Some of the recoverable damages in TBI cases include the following:

  • Current and future physical impairment and disabilities
  • Current lost pay and future earning potential
  • The cost of current and ongoing physical and cognitive-behavioral t therapies
  • Emotional distress and anxiety
  • Pain and suffering
  • Loss of the enjoyment of life and Inability to carry out regular daily tasks

At Maze Law Offices in Lexington, our personal injury attorneys have the skills to accurately establish the plaintiff’s damages and recover a fair settlement following the TBI.

The Pure Comparative Negligence Rule

The pure comparative negligence rule is typically seen in personal injury lawsuits resulting from car crashes. The courts often find that other parties, including the plaintiff, are partially responsible for the accident. According to the instruction of the Kentucky Revised Statute § 411.182, when the civil court determines the plaintiff shares liability for the incident, they will not bar them from collecting a settlement from the defendant.

Instead, the judge will calculate the total award amount and subtract the percentage of fault for the plaintiff and other third parties. If the calculation for total damages is $100,000 caused by the collision and the jury finds the claimant is 10 percent liable, the statute entitles them to collect an award of $90,000. A traumatic brain injury lawyer in Lexington could answer questions about the rules and regulations and help calculate the potential settlement amount.

Call an Experienced Traumatic Brain Injury Attorney in Lexington

Concussions and brain injuries have lasting consequences on your life, as well as your family, often requiring years of medical treatment. The treatment needed for a TBI will likely put a substantial financial strain on you and your loved ones. Fortunately, there are plaintiff friendly tort laws which allow you to file a claim for damages when another person’s negligence causes your injuries.

A serious and knowledgeable Lexington traumatic brain injury lawyer could take on the legal work and help navigate the civil court procedure successfully. However, given that most states have statutes of limitations on these types of accident cases and injury claims, your time to file a claim could be limited. Call our local office today for a confidential FREE case evaluation and have a consultation and review your options.

Maze Law Offices N/a (859) 882-9999