Though any form of injury is unfortunate, some kinds can be more devastating than others. One of those is a brain injury. Whether it's the result of a car crash, an accident at work or some other means, it can have a life-long effect on the hurt person.
If you or someone you love is unfortunate enough to suffer a traumatic brain injury, you may have many questions. These questions may only get tougher if you're considering filing a civil claim against the responsible parties. Hopefully, the following answers can shed some light on what can be a difficult subject.
What exactly is a brain injury and what types of brain injury exist?
A brain injury is any trauma to the brain that results in impairment of cognitive or physical abilities, whether those effects are permanent or eventually resolve. The injury could even cause the death of the injured person. The first kind of brain injury is traumatic - that includes injuries from a physical impact. The second kind is acquired and is a result of oxygen deprivation.
How might a brain injury affect my day-to-day life?
A brain injury can affect a person's cognitive abilities, emotional responses or physical capabilities. If you have a brain injury that causes a cognitive impairment, you may have to seek cognitive therapy in an attempt to treat the condition. A brain injury can also make it difficult for you to work, particularly if your job requires you to do anything intellectually taxing. Some people with brain injuries find the assistance of a social worker necessary to complete certain activities.
A traumatic brain injury can also affect emotions. You might feel as though you're more likely to lose your temper, for example. There can also be an effect on physical abilities, meaning you might need a wheelchair or other equipment to get around. Brain injuries can also impact your family members as they attempt to navigate through new experiences with you.
What legal claim could I pursue with a brain injury?
This is dependent on how you may have received your brain injury. Personal injury or premises liability claims apply to cases where the injury results from an accident – such as a car crash or a slip and fall – or intentional harm – such as a physical attack. A medical malpractice claim may result from a brain injury caused by the neglect or improper care of a medical professional or hospital.
What could I gain by pursuing a legal claim for my brain injury?
If you decide a civil suit is in your favor, you could receive monetary damages. You might need ongoing care for your brain injury or lose your ability to generate income in the manner you used to do. The amount awarded will depend on the exact circumstances of your brain injury and the effects that it has on your life. Those effects may even reach across your family and affect their lives as well.
Can I file a civil claim for a brain injury I suffered some time ago?
Ideally, you should pursue a legal claim for your or your loved one's brain injury as soon as you can. In Tennessee, the statute of limitations generally starts when the injury happens. There are exceptions that could apply if you could not have reasonably known during that time that an injury occurred.
If you still have questions about a brain injury or the legal claim you could make for sustaining one, an experienced attorney may be able to help you understand your rights. This kind of injury can have an effect on all areas of your life, so you don't need to feel as though you are not deserving of assistance. There are ways to move forward and live the best life possible, even after a brain injury.