Brain injuries can be devastating, impacting not only the injured person but their family and loved ones. Brain injuries can also be costly, resulting in lost wages, medical bills, and long-term care costs.
When someone is injured due to the negligence of another, they may be entitled to compensation for their damages through a personal injury claim.
However, the different types of brain injuries can have varying impacts on personal injury claims. In today’s blog, our San Diego brain injury lawyers share their experience with the different types of brain injuries and their potential implications on personal injury claims.
Table of Contents
The Different Types of Brain Injuries
Several types of brain injuries can occur, with varying degrees of severity. Some of the most common brain injuries include concussions, traumatic brain injuries (TBI), and cerebral contusions.
#1 – Concussions
A concussion is a mild traumatic brain injury resulting from a blow to the head or a sudden jolt. Symptoms of a concussion can include headache, dizziness, confusion, and memory loss.
While most people recover from a concussion within a few weeks, some can experience long-term effects. Treatment for a concussion typically involves rest, avoiding physical activity, and avoiding mentally stimulating activities.
Concussions can be challenging to prove in personal injury claims. They often do not show up on imaging tests, making it difficult to document the extent of the injury. Additionally, symptoms can be subjective and create confusion.
#2 – Traumatic Brain Injuries (TBIs)
A traumatic brain injury (TBI) is a more severe brain injury resulting from a blow to the head, a penetrating head injury, or a sudden jolt. Symptoms of a TBI can include severe headache, confusion, memory loss, and loss of consciousness. Treatment for a TBI can involve surgery, medication, and rehabilitation.
TBIs can have a significant impact on personal injury claims. They can result in substantial economic and non-economic damages, including medical bills, lost wages, pain and suffering, and emotional distress. However, TBIs can also be challenging to prove, as the extent of the injury may not be immediately apparent, and the symptoms can be subjective.
#3 – Cerebral Contusions
A cerebral contusion is a bruise on the brain that can occur from a blow to the head. Symptoms can include headache, dizziness, confusion, and memory loss. Treatment for a cerebral contusion usually involves rest, medication, and monitoring for complications.
Regarding personal injury claims, cerebral contusions can be challenging to prove. As with concussions, they may not show up on imaging tests, and symptoms can be subjective.
The Impact of Brain Injuries on Personal Injury Claims
It can vary depending on several factors, including the severity of the injury, the extent of the damages, and the ability to prove liability.
#1 – Calculation of Damages
One of the most significant impacts of brain injuries on personal injury claims is the damages calculation. Economic damages, such as medical bills and lost wages, can be easier to calculate.
However, non-economic damages, such as pain, suffering, and emotional distress, can be more challenging to quantify. Brain injuries can result in significant non-economic damages, significantly impacting the claim’s value.
#2 – Proof of Liability
Establishing liability is a critical component of a personal injury claim. To recover damages, the injured party must be able to prove that the other party was negligent and that their negligence caused the injury.
Brain injuries can make this more difficult, as the extent of the injury may not be visible immediately, and the symptoms can be subjective. Additionally, comparative fault may come into play, reducing the damages the injured party can recover if they were also partially at fault for the accident.
Challenges in Proving Brain Injuries
Proving brain injuries can be challenging for several reasons. As mentioned earlier, concussions and cerebral contusions may not show up on imaging tests, making it difficult to document the extent of the injury.
TBIs can be more severe and show up on imaging tests, but the symptoms can still be subjective and vary from person to person.
Additionally, expert testimony and medical documentation may be necessary to prove the extent of the injury, which can be expensive and time-consuming.
Move Towards Healing & Restoration With Help From Our Experienced San Diego Attorneys
Brain injuries can have a significant impact on personal injury claims. Understanding the different types of brain injuries and their impact on personal injury claims is essential for anyone who has suffered a brain injury due to the negligence of another.
While concussions, TBIs, and cerebral contusions can all result in significant damage, they can also be challenging to prove.
Seeking legal representation from an experienced personal injury attorney can help injured parties navigate the complex process of establishing liability and recovering damages. With the proper term, injured parties can receive the compensation they need to move forward and begin the process of healing.
When you work with HHJ Trial Attorneys, we pursue all avenues so you get the compensation you deserve. Contact us today to get started.
