A brain injury can send your life into a tailspin in an instant. More than 2 million people end up in U.S. emergency rooms with traumatic brain injuries every year. Some of them die, and many others are left with lasting impairments.
Some head injuries are mild and may heal in weeks or months. But others are catastrophic, resulting in lifelong disabilities that prevent victims from living the lives they once envisioned for themselves.
Coping with the reality of life after a traumatic brain injury (TBI) is difficult, especially if someone else’s recklessness caused the accident. The estimated lifetime cost of caring for a survivor of a severe TBI easily stretches into the millions of dollars. Very few families have that kind of money. That’s why it’s worthwhile to consult with an experienced traumatic brain injury attorney. Working with a lawyer can help you seek the compensation you need to make the best recovery possible.
If you or a loved one has suffered a brain injury that was someone else’s fault, turn to the respected Oklahoma personal injury lawyers at Edwards & Patterson Law. Our experienced team has handled countless serious injury claims in McAlester, Tulsa and throughout Oklahoma.
We are passionate about helping brain injury victims seek the compensation and support they need after a serious accident. To meet with an attorney who truly cares about you and your future, contact our trusted law firm.
Life After Experiencing a Brain Injury
Your brain is perhaps your most vital organ. It receives and sends signals throughout the body so that everything runs smoothly. But it also is the unique part of the body that governs who you are – your thoughts, feelings, personality, memory and overall experience of the world.
When this most delicate and precious organ is suddenly damaged in a traumatic accident, it’s quite possible that the pieces will never fully fit together again.
People who suffer head trauma may experience long-term symptoms such as:
- Memory loss
- Inability to make new memories
- Speech problems
- Visual impairment
- Personality changes
- Difficulty concentrating
- Attention deficits
- Cognitive disabilities
- Limited ability to move
- Epilepsy
- Sensation changes
- Locked-in syndrome
- Vegetative state
In addition, survivors of brain injuries are more likely to develop other neurological conditions associated with old age, such as Alzheimer’s disease, Parkinson’s, and dementia.
Thankfully, not all brain injuries have such catastrophic consequences. But even a so-called “mild” injury requires medical care, proper rest, and recovery. Sometimes the full extent of the trauma is not realized until months after the accident. In fact, some injuries don’t even show up on brain scans. But that doesn’t mean neurological damage doesn’t exist.
What Are Common Types of Brain Injuries?
One of the most frustrating things for survivors is that neurologists can make no solid promises about how well someone will recover after a brain injury. Even in the most similar of cases, it’s very possible that one person will recover much better than another.
Generally, head injuries are classified into two broad categories:
- Acquired brain injury – Damage that occurs to the brain from non-traumatic sources, such as a stroke, near drowning, electric shock or by oxygen deprivation.
- Traumatic brain injury (TBI) – A bump or blow to the head that disrupts the normal functioning of the brain, usually caused by a sudden external force such as a fall, car crash, truck accident or being struck by an object such as a bullet or piece of construction equipment.
There are multiple different types of TBIs:
- Concussion – Ranging from mild to severe, concussions happen when the head takes a direct hit or is exposed to a violent force, such as from whiplash in a car accident.
- Diffuse axonal injury – Happens from shaking or when strong rotational forces move the skull, but the brain lags behind.
- Contusion – Bleeding or bruising on the brain after a direct blow.
- Coup/Contrecoup – Contusions that happen on both sides of the brain, one at the point of impact and the other on the opposite side. This is caused by the brain slamming from one side of the skull to the other.
- Penetrating Injury – Occurs when an object pierces into the brain from an external source.
- Second impact syndrome – A second brain injury that occurs before the first injury has fully healed.
How To Determine Liability in a Head Injury Case
Right after a brain injury, it’s hard to think at all – let alone figure out whether you might have a legal case. Sometimes it’s very straightforward. If you were sitting at a red light and a distracted driver slammed into your car, they can almost certainly be held liable for your injuries.
But not all cases are that clear-cut. Think about a multi-car accident. There may not be just a single driver at fault. The same goes for a truck crash. A truck driver may have actually hit you, but it’s possible that the trucking company, manufacturer, or other parties may be held liable as well. That’s why it’s so important to talk to a brain injury attorney before accepting any settlement offer.
In Oklahoma, there are personal injury laws that allow victims and their families to be awarded damages after they have been hurt due to someone else’s negligence. You may still be able to collect compensation even if you were partially to blame for the accident.
An attorney can:
- Investigate to determine who’s at fault. Looking at evidence from the scene can help accident reconstructionists determine what happened and how.
- Apply the appropriate injury laws to your claim. Oklahoma uses a legal doctrine called modified comparative negligence to determine whether a plaintiff can pursue compensation. As long as you were not 51 percent or more at fault for the accident that caused your injury, you may be able to collect damages, but the amount will be reduced based on what percentage of fault you are assigned. The liability laws are more complex in multiparty litigation, but again will involve determining what you can collect based on the proportionate fault of each party.
- Advise you on a reasonable demand for damages. Based on your medical bills, lost earnings, future lost wages and other disabilities resulting from your TBI, an attorney can help you determine a fair and just request for compensation. Be aware that Oklahoma does have some limits on the amount you can recover for pain and suffering.
Our Traumatic Brain Injury Lawyers in McAlester, OK Can Help
At Edwards & Patterson Law, our award-winning lawyers know how devastating a brain injury can be, not only for the victim but for everyone in the family. Our offices are based in Tulsa and McAlester, but we will meet you anywhere for a free consultation. Call or contact us today to find out more about your legal options after an accident that causes a serious brain injury.
Need Help After a Crash? Talk to a Dedicated Car Accident Lawyer Now
If you’ve been involved in a serious car accident resulting in injuries, call on the experienced Tulsa, McAlester, Oklahoma and Arkansas lawyers at Edwards & Patterson Law. We offer free case evaluations with no strings attached. Call us today at 877-405-0216 or contact us online. Our team takes cases on a contingency basis, which means you pay no attorney’s fees unless you recover monetary damages.