TBIs Can Be Severe and Life-Altering
A traumatic brain injury (TBI) is among the most severe injuries a person can suffer after an accident. Recovery can be long and complex, and some survivors never fully recover their motor, cognitive, and emotional abilities after a TBI.
TBIs usually result from a jolt or violent blow to the head or body caused by a vehicle crash, fall, workplace accident, or other serious incident. Mild traumatic brain injuries often affect brain cells temporarily. More severe TBIs can result in torn tissue, bleeding, bruising, and other damage to the brain. An object that pierces brain tissue — such as a shattered piece of skull, bullet, glass fragment, or piece of metal — also can cause a TBI. Catastrophic TBIs can result in death.
NINDS research shows that not all brain damage occurs immediately upon impact, but can evolve over ensuing hours, days, and weeks after the initial injury. This is caused by low oxygen levels in the blood and brain swelling. In some cases, this secondary damage can be as severe as, or more damaging than, the initial impact on the brain.
About 2.5 million people suffer traumatic brain injuries each year. That is a devastating statistic for such a life-altering injury. TBIs can occur because of a sudden force or trauma, rapid acceleration/deceleration, or what is called contrecoup.
Medical professionals should evaluate anyone with a head injury to determine if they have suffered a TBI. Because symptoms can be delayed after an injury, it’s essential to be thoroughly checked by a medical professional after an accident involving a jolt or force.
At Friedman Law Offices, we see lives turned upside down every day because of head trauma caused by someone’s negligence or violent actions. While it’s critical to know the signs and symptoms of TBI and get immediate medical care, it’s also critical to protect your legal rights by reaching out to one of our brain injury lawyers right away.
Physical TBI symptoms may include:
- Dizziness
- Loss of balance
- Headaches
- Nausea and/or vomiting
- Blurred vision
- Drowsiness
- Confusion
- Tinnitus
Mental/cognitive TBI symptoms may include:
- Disorientation
- Amnesia
- Short- or long-term memory loss
- Poor judgment
- Concentration difficulties
Emotional TBI symptoms may include:
- Depression
- Agitation
- Irritability
- Apathy
- Confrontational attitude
- Explosive temper
- Fearfulness
- Impatience
- Personality changes
- Sleep and appetite disturbances
TBIs can be life-threatening, resulting in permanent, irreversible damage to the brain. Severe TBIs usually result in impairments with obvious, profound symptoms.
Milder cases can be more difficult to detect, but they still have long-term effects on a person’s economic and personal life. It’s important to note that some traumatic brain injuries cannot be detected by any type of imaging test, such as a CT scan or an MRI, and do not necessarily include a loss of consciousness.
If you or a loved one is the victim of a TBI due to the negligence or intentional conduct of another person, contact the experienced attorneys at Friedman Law Offices. We have handled hundreds of TBI cases and have the knowledge, understanding, and skills to maximize recovery for those suffering from TBI. We are also compassionate and understand the needs and special handling of individuals with TBIs.
Common Causes of TBIs in Nebraska
The most common causes of traumatic brain injuries here in Nebraska include:
- Slip-and-fall accidents
- Motor vehicle crashes
- Workplace incidents
A fall may occur on an icy or wet sidewalk, a car crash in downtown traffic, or an injury on a worksite. Regardless of what caused the accident, each of these types of accidents is known to result in severe brain trauma.
How to Prove Negligence in TBI Cases
Nebraska follows a modified comparative negligence rule, often called the “50% bar rule.” This means that a plaintiff can still recover damages if they are partially at fault for a TBI accident — unless the plaintiff is found to be 50% or more at fault for the accident, in which case recovery is completely barred.
Under Neb. Rev. Stat. § 25-21,185.09, the percentage of negligence assigned to the plaintiff reduces the damages awarded by that percentage. For example, if a plaintiff is 20% at fault for an accident and the damages total $500,000, the plaintiff would be awarded $400,000 ($500,000 minus 20%).
To prove negligence in a traumatic brain injury claim, your attorney must establish four core elements:
- Duty: The defendant owed you a responsibility of care.
- Breach: The defendant failed that duty.
- Causation: There’s a link between a defendant’s failure and your injury.
- Damages: You sustained actual harm, resulting in things like medical bills, lost wages, pain and suffering, or other costs due to the defendant’s actions.
A skilled lawyer can establish each of these to prove negligence in your TBI injury claim.
Statute of Limitations for Filing a Personal Injury Claim in Nebraska
Nebraska has a four-year statute of limitations for personal injury cases, including traumatic brain injury (TBI) claims (Neb. Rev. Stat. § 25-207). There are a few very limited exceptions that your lawyer can explain, if they apply in your case. If a person dies from a TBI injury accident, the statute of limitations for a wrongful death claim is two years from the date of death (Neb. Rev. Stat. § 30-810).
Long-Term Consequences of TBIs
Traumatic brain injuries can have devastating and long-lasting impacts on a victim’s everyday life. Even milder cases can lead to the following:
- Physical challenges: Chronic headaches, dizziness, balance problems, and sensory impairment
- Cognitive and emotional impacts: Memory loss, mood swings, depression, anxiety, and PTSD
- Financial burdens: Medical bills and physical therapy costs, lost income, diminished earning capacity, and the need for ongoing care
Getting Compensation for Your Brain Injury in Nebraska
There are various types of compensation available to brain injury victims in Nebraska, depending upon the unique circumstances and severity of the injury. They include:
- Medical expenses such as emergency care, surgery, rehabilitation, therapy, medications, and long-term care
- Lost wages and reduced earning capacity which include current income lost and future earnings diminished due to cognitive decline.
- Pain and suffering and emotional distress for physical pain, anxiety, personality changes, and diminished quality of life
- Loss of enjoyment of life because brain injury often prevents participation in hobbies, family time, and daily activities that the victim once enjoyed
- Wrongful death damages in fatal TBI cases that cover funeral costs, loss of financial support, and emotional devastation
We seek all damages associated with your losses, including present and projected needs.
How Can Friedman Law Offices Help?
After a TBI caused by another’s negligence in Nebraska, Friedman Law Offices provides the following comprehensive legal assistance:
- Investigating the accident by collecting accident scene photos, videos, and official crash reports
- Gathering medical documentation by accessing your medical records, imaging, and all clinical evaluations
- Working with expert professionals like neurologists, post-injury life planners, and accident reconstruction experts to demonstrate cause and the impact the TBI has had on your life
- Accurately calculating damages to include present needs and future costs like rehabilitation, home and life modifications, and lost wages
- Negotiating with insurance companies to protect your rights and reject lowball offers or delays
- Going to court if needed to seek the maximum compensation for your case if a fair settlement isn’t offered
FREE CONSULTATION
If you have suffered a head injury due to the actions of another person, contact the personal injury lawyers at Friedman Law Offices. Our office is located in Lincoln, but we successfully advocate for clients throughout Nebraska.
You can contact us online for an immediate evaluation of your case. There is no cost for an initial consultation.