An injury to the brain is one of the most terrifying and dangerous things that can happen to a person. If you suffered a brain injury because of another person’s negligence, or in an accident that another party caused, you deserve compensation for the suffering you have endured and the expenses you will face in the future.
At the Law Offices of Ogle, Elrod & Baril, PLLC, we can go over the details of your case and work on your behalf to obtain the money you need. Call 865-546-1111 today to schedule a free case evaluation with a Kingsport brain injury lawyer.
Who will compensate me?
In most brain injury cases, the at-fault party’s insurer must pay a settlement or damages to the victim. How we proceed with your claim or case will depend on how your injury occurred.
If your brain trauma occurred in a car accident that was not your fault, we will demonstrate that the other driver’s negligence or recklessness caused the crash. We can conduct an accident reconstruction and gather witness testimony to make your case.
Slip and Fall Accident
When a fall occurs in a public place, it is often the result of negligence on the part of the property owner. We will look at the evidence and determine whether violations of laws or safety regulations contributed to your injury.
You may have a malpractice case if we can establish that your doctor violated the standard of care during your treatment in a way that caused a brain injury. This could apply to any step of the treatment process, including a misdiagnosis, negligence during surgery, or issuing an incorrect prescription.
Assault or Other Violent Act
If a person assaults you and causes a brain injury, you might also be able to claim damages in a civil lawsuit even after a criminal case has unfolded.
What kinds of damages can I receive for my brain injury?
Since brain injuries have the potential to be permanent or catastrophic, there are a few different types of damages you can claim for your suffering. Our attorneys will work tirelessly to secure compensation for your losses.
This covers the bills for treatment you have already received and your future medical costs, including surgeries, therapy, and medications. It is likely that you will require a lot of specialized—and costly—medical care, and the effects of your injury can be permanently life-altering. We can work with doctors in the Kingsport area to make sure we have an accurate description of your injuries as well as the long-term treatment, therapy, or assistance you will require.
While you are recovering, you might miss a substantial amount of work. This means losing the wages you would otherwise earn and, depending on the duration of your recovery, benefits like promotions or raises. We will document your employment history and earnings potential and calculate a fair amount of lost wages you can claim.
Pain and Suffering
Since a brain injury has the potential to seriously alter your well-being, you may be eligible for pain and suffering damages to account for your lost enjoyment in life. While the value of this type of loss is not a simple calculation like tallying lost wages or medical expenses, we will work to gather whatever evidence and testimony is necessary to make the strongest case on your behalf.
If your injury happened because another person behaved with recklessness or malicious intent, you may be eligible for punitive damages. Courts award punitive damages to punish the defendant and deter others from acting in the same manner. We can gather testimony from witnesses to your injury or even reconstruct the accident to establish the at-fault party’s intent in your case.
What counts as a brain injury under state law?
Tennessee defines a brain injury as any damage “caused by an external physical force. It may produce a diminished or altered state of consciousness, which results in an impairment of cognitive abilities or physical functioning.” This includes some of the following conditions:
- Concussions that come from an impact to the head or from whiplash, which can cause blood vessels to stretch and can harm cranial nerves;
- Contusions, or bruising, of the brain;
- A diffuse axonal injury, which can occur with shaking or rotational movement and causes nerve tissue to tear;
- A closed brain injury, which is common in situations when the head is moving and abruptly stops or collides with something, often resulting in unconsciousness or a coma; and
- An open brain injury that occurs when an object penetrates the skull and damages brain tissue.
We can use your medical records to prove the extent and severity of your brain injury. That is one reason it is so important to seek immediate medical treatment after an accident, even if you are not showing signs of an injury. Occasionally, a brain injury might not be apparent until well after it has occurred.
How do I get help with my brain injury claim?
The effects of a brain injury can be devastating, resulting in permanent disability and a lifetime of medical bills. If you have sustained such an injury, you deserve compensation for the suffering you have endured and will continue to face. At the Law Offices of Ogle, Elrod & Baril, PLLC, we can help you get the compensation you need to deal with the effects of your injury. Call us today at 865-546-1111 for a free consultation.