The human brain is a complex organ. This is why brain injuries can be both devastating and difficult to treat. They can also be highly expensive. Victims and their families often incur astronomical costs for a lifetime of medical care. Additionally, many victims are unable to work. Their loved ones may even need to stop working in order to act as caregivers. Fortunately, you have rights if you have suffered a traumatic brain injury (TBI) in an accident that was not your fault.

The process of seeking compensation for your losses can be overwhelming – especially at a time when you are trying to recover. You can trust our brain injury lawyers at Edwards & Patterson Law to shoulder the legal burdens for you, including dealing with the insurance company. We have decades of combined experience with fighting on behalf of head trauma victims in Broken Arrow and throughout Oklahoma. Contact us today to learn more about how we can put our experience to work for you.

What are Common Causes of Brain Injuries in Broken Arrow?

Your brain suffers serious trauma when you sustain an impact that affects its delicate tissues. This is why most brain injuries occur because of a violent blow to the head. Other factors can contribute to brain injuries as well. For instance, brain tissue can suffer damage if a sudden, violent shaking occurs, or if an object penetrates a person’s skull.

A brain injury can occur in many different scenarios, including:

  • Motor vehicle collisions, including those involving passenger cars, trucks, buses, motorcycles, bicycles, and pedestrians
  • Slips, trips, falls and other incidents due to dangerous conditions on a property
  • Sports injuries (often due to improper protective equipment or concussion management)
  • Workplace accidents
  • Intentional conduct and criminal acts such as assaults.

Doctor examining football player for possible brain injuryThe exact nature of the damage depends on the amount of force and the area of the brain which is affected. Some brain injuries may be temporary. The brain heals over time. But many other types of head trauma are permanent, with implications for many of your body’s systems. In the most serious cases, a brain injury could result in paralysis or death.

What are Brain Injury Symptoms and Long-Term Complications?

If you recently were involved in an accident of any kind, you should be aware of the symptoms of a brain injury. These symptoms will depend on the type of head injury. These types fall into two major categories:

  • Open – An open head injury is the most obvious type. For instance, an object may penetrate the skull and damage brain tissue. The skull may also sustain a fracture in a violent impact, which causes the bone tissue to crack and damage brain tissue.
  • Closed – These injuries are not as apparent. You may not realize that you have suffered trauma. So, you may decline or delay treatment, which can potentially lead to severe or life-threatening medical problems.

Examples of common head injuries are:

  • Concussion – Where the brain comes into contact with the skull
  • Hematoma – This type of injury is akin to a bruise on the brain
  • Hemorrhage – This occurs due to excessive bleeding in the brain
  • Edema – When swelling of the brain occurs.

Some of the most common symptoms of brain injury – regardless of whether the head wound is open or closed – are:

  • Disorientation or confusion
  • Headaches
  • Nausea and vomiting
  • Loss of consciousness
  • Fatigue or difficulty sleeping
  • Issues with motor skills
  • Difficulties with focus and concentration
  • Depression, anxiety, and other unusual emotions
  • Mood swings.

How are Fault and Liability Proven in a Broken Arrow Brain Injury Claim?

When brain injuries result from an accident, another person’s careless or reckless acts are usually to blame. In order to recover compensation, you will need to show that the person was negligent. This means that you must show that the person:

  • Owed you a duty to exercise reasonable care
  • Breached this duty through unsafe actions or omissions
  • As a result of this breach, directly caused the accident that led to your brain injuries
  • Caused you to suffer actual damages.

Typically, your first step in seeking compensation will be filing an injury claim with the at-fault party’s insurance company. Oklahoma motorists, businesses, property owners, and others carry insurance to protect their interests if they should cause accidents that harm others. If you cannot reach a settlement agreement with the insurance company, your next move will be to file a lawsuit in order to pursue the compensation that you deserve. If you can prove the four elements described above, you may be entitled to damages such as:

  • Costs of past and future medical treatment
  • Lost wages and diminishment of future earning capacity
  • Pain and suffering
  • Emotional distress
  • Decreased quality of life
  • Losses based upon how your injuries affect your relationships with your loved ones.

The state of Oklahoma has a Statute of Limitations that limits the time in which you may bring your brain injury lawsuit. That time limit is two years. Should you not file your lawsuit before those two years have passed, you have given up the opportunity to seek compensation by a lawsuit.

It is, therefore, imperative for you to work with an experienced Broken Arrow brain injury lawyer as you move forward.

Get Help from Our Broken Arrow Brain Injury Attorneys

Filing an insurance claim is more complicated than you may expect. After all, insurance adjusters are trained to find reasons to deny payment. Even when you have solid evidence, the insurer may try to dispute the severity of your brain injury or assert that you were at fault in causing the accident. If you have to go to court, your matter becomes even more complex.

Instead of trying to go it alone, you should trust an experienced and dedicated Broken Arrow brain injury attorney from Edwards & Patterson Law to:

  • Gather information and medical records regarding your brain injury
  • Carefully calculate the amount of damages that you can and should seek
  • Complete insurance forms and handle all other necessary paperwork
  • Negotiate on your behalf with an insurance company
  • Handle litigation if the insurer refuses to make a full and fair settlement offer
  • Take your case to trial in order to pursue all compensation that you are due.

If a brain injury has changed your life in immeasurable ways, it will be essential for you to retain a dedicated, experienced attorney who will tirelessly pursue the compensation that you deserve for your losses. To learn more about your rights and options after you or your loved one has suffered a brain injury in an accident in Broken Arrow, contact Edwards & Patterson Law right away. We can provide a free consultation and start immediate work on your case.