• Construction accidents
• Slip and fall accidents
• Premises liability accidents
• Auto accidents
• Motorcycle accidents
• Nursing home accidents

Regardless of how your traumatic brain injury occurred, many victims note severe symptoms that disrupt their lives every day. These symptoms may include:

• Sleep disturbances
• Excessive tiredness
• Difficulty focusing or concentrating
• Memory problems
• Cognitive difficulties, including processing problems
• Difficulty with emotional regulation
• Changes in sensory perception
• Mood swings
• Dizziness
• Problems with hearing or vision
• Problems with language comprehension

These symptoms may vary based on the severity of your injury and where the brain suffers injury. Some victims of traumatic brain injury may have symptoms that linger for the rest of their lives.

Who Bears Liability After a Traumatic Brain Injury?

When you head to the hospital after a traumatic brain injury, you must provide the hospital with your health insurance information. You will then take care of any payments necessary to settle your bill with the hospital. However, you can seek compensation from the party that caused your traumatic brain injury that can help cover those medical bills.

To establish liability after a traumatic brain injury, work with your attorney to understand whose negligence contributed to your accident. To bear liability for your injuries, the other party must:

• Bear a duty of care to you—that is, have some responsibility for providing a specific level of care to you. In a nursing home slip and fall, this might mean the nurses who should prevent falls in every resident of the nursing home. In an auto accident, every driver on the road bears a duty of care to every other driver.
• Violate that duty of care. In the nursing home slip and fall mentioned above, for example, the nurse might fail to install a bed alarm on a patient with a known fall risk, or might wait too long to come when the patient lets them know that they need to visit the restroom. On the road, a driver might violate the duty of care to other drivers by driving distracted or ignoring traffic laws.
• Cause your injuries through their negligence. Even if someone neglects their duty to you, if you do not bear injuries as a result of that neglect, you cannot file a brain injury claim. On the other hand, if their negligence caused your traumatic brain injury, that negligence entitles you to seek compensation.

Depending on the cause of your accident, a single individual or business may bear liability for your traumatic brain injury, or several individuals or businesses may share liability. Working with a lawyer can help you more effectively identify the individual who bears liability for your traumatic brain injury and, therefore, prevent you from missing out on the full compensation you deserve. Responsible parties may include:

Another driver. In an auto accident, if the other driver failed to follow the rules of the road, that driver may bear liability for your injuries.

A mechanic who failed to properly repair a vehicle. If you suffered a traumatic brain injury in an auto accident due to a faulty part or repair, the mechanic who failed to properly repair the vehicle may bear responsibility for those injuries.

The vehicle manufacturer. Did your airbags fail to properly protect you in an accident, leading to a severe traumatic brain injury? What about the other driver’s vehicle: did it have a known issue that led to the accident? If so, an auto manufacturer may share liability for your traumatic brain injury.

A construction company. If you suffer an accident on a construction site due to workers or companies choosing to ignore safety precautions, that company may bear liability for your injuries.

The nursing home or hospital. Did you suffer a slip and fall accident in a nursing home or hospital that led to your traumatic brain injury? If so, the medical facility may bear liability for your traumatic brain injury and your associated expenses, especially if the facility knew you had a high risk for falls and failed to take appropriate precautions.

The owner of the premises where you slipped and fell. Did you suffer a slip and fall that led to a traumatic brain injury? Several signs may indicate that the premises owner bears responsibility:

• Workers did not clean up or clearly identify a spill
• The premises lacked adequate handrails
• The premises had uneven flooring or debris on the floor that caused you to trip
• The premises lacked clear indications of stairs or other fall hazards

Your company. Did you suffer a traumatic brain injury on the job? If so, you may need to turn to worker’s compensation for the funds you need after your accident.

If you need help identifying the parties who bear responsibility for your traumatic brain injury, contact an attorney as soon as possible. An attorney can help gather evidence related to the accident, assess the responsible parties, and give you a better idea of who bears liability for your injuries.

What Compensation Can You Claim After a Traumatic Brain Injury?

The damages you receive for your traumatic brain injury will depend on a variety of factors: who caused your accident, the extent of your injuries and how long you should need to recover, and the extent of the insurance policy. If you can seek compensation from multiple parties, you may receive more in compensation than if you can seek compensation from only a single entity. Most victims of traumatic brain injury, however, include:

• Medical expenses. The cost of traumatic brain injury adds up fast. Medical expenses make up a big part of that cost. You will start incurring medical expenses on your way to the hospital in an ambulance. In the emergency room, you may undergo several scans and tests to determine the extent of your injuries. Some victims of traumatic brain injury require long-term hospitalization to help them recover from their injuries. Even after you leave the hospital, you may require extensive occupational therapy to help you relearn how to do many common tasks. Victims of traumatic brain injury may also require psychological therapy to help cope with the changes in their lives.
• Pain and suffering. Traumatic brain injury impacts every area of your life. Victims of traumatic brain injury may struggle with memory difficulties, cognitive difficulties, and difficulty controlling their emotions. You may find it difficult to maintain relationships with people you had close relationships with before the accident. Most victims of traumatic brain injury choose to include pain and suffering as part of their claims.
• Lost wages. When you suffer a traumatic brain injury, you may not immediately return to your job. Some workplaces can offer compassionate assistance that enables victims to return with modifications. Others require every employee to stay at the top of their game and cannot afford to offer that compensation. You may need time off work to adapt to new limitations or recover from your injuries. When you must miss time at work, you can include your lost wages as part of the compensation you seek.
• Lost earning potential. Many victims of severe traumatic brain injury find themselves unable to complete their former job responsibilities, especially in jobs that required a great deal of cognitive processing ability or quick recall. If you cannot return to your former profession as a result of your injuries, you can pursue compensation for lost earning potential as part of your claim.

How Can a Brain Injury Lawyer Help?

When you suffer a traumatic brain injury, you want to make sure you do not miss out on the funds you deserve for your injuries. An experienced traumatic brain injury attorney can:

• Help you identify all the parties responsible for your injuries and collect evidence to prove fault. The sooner after your accident you contact an attorney, the sooner that attorney can start collecting vital evidence concerning your accident, including witness statements and, if applicable, security footage.
• Help you understand how much compensation you really deserve for your injuries. Your attorney can help you better understand exactly how much compensation you should expect based on the extent of your injuries. Often, insurance companies will try to convince you to sign a low settlement offer immediately after the accident. An experienced brain injury lawyer, however, can help prevent you from missing out on the compensation you deserve.
• Negotiate on your behalf. You have enough stress on your plate as you recover from your injuries. When you hire an attorney, you will get someone to take over those frustrating interactions with the insurance company.

Do You Need an El Cajon Brain Injury Attorney? Call Gomez Trial Attorneys Today

If you suffered a traumatic brain injury in an accident due to someone else’s negligence, you need legal help to assist in navigating the claims process. An experienced brain injury attorney can investigate the facts of your case, serve as your personal advocate through every stage of the claims process, and handle the complexities of the justice system while you focus on what’s important: your recovery, your family, and your return to a normal life.

Contact Gomez Trial Attorneys today at (866) 395-6792 to schedule your free consultation, and learn more about what our team of brain injury professionals can do to ensure you receive justice after sustaining a traumatic brain injury.