Calvin Smith Law - The Injury Lawyers

Dealing with Traumatic Brain Injury— How to File a Lawsuit


A traumatic brain injury occurs due to a blow or sudden force to the head or the whole body and may entitle you to compensation from a lawsuit. A traumatic brain injury can occur during a close head injury, a sudden impact that causes the head to shake forcefully, or if an object pierces the skull and brain tissue. Traumatic brain injuries range from mild to severe and have varying effects, some of which may be permanent. If you’re the victim of one, you may be able to bring a lawsuit against a guilty party.

Moderate to Severe Traumatic Brain Injury

Moderate to severe traumatic brain injuries include symptoms that may occur moments after the head injury. The physical symptoms include severe headache, loss of consciousness that may range from minutes to hours, seizures, vomiting, pupil dilation in one or both eyes, leakage of fluid from the ears or nose, and numbness.

The mental symptoms include slurred speech, restlessness, abnormal behavior, and other disorders. A moderate to severe brain injury can result in permanent changes to the brain, body, and behavior.

Mild Traumatic Brain Injury

Though mild traumatic brain injuries are not as severe as moderate to severe traumatic brain injuries, they can still result in some damages. The symptoms of a mild TBI include confusion, increased sensitivity to sound or light, speech problems, dizziness, headache, and some other symptoms. Concentration and memory issues are part of the mental symptoms of a traumatic brain injury.

What Can Cause a Traumatic Brain Injury?

Before filing a traumatic brain injury lawsuit, it is important to understand and determine the exact cause. Traumatic brain injury can be caused by different factors, all of which have different degrees of severity. Falls are a common cause of traumatic brain injury, especially in older people and in children. The fall could be from the stairs, from a structure that was not installed properly, or from a slippery floor.

Vehicle accidents can also cause traumatic brain injury. Since accidents involve a sudden stop or collision, it is very likely for brain injuries to occur. The other causes of traumatic brain injury include violence or violent crimes, injuries from high impact sports, explosion, oxygen deprivation, or infections.

Things to Prove During a Traumatic Brain Injury Lawsuit

To have a valid case and to increase your chances of getting compensation, there are things you should be able to prove in a lawsuit. First, there must be proof that the brain injury was not a result of your own negligence. There must be a clear party that is at fault.

You must also have evidence that the other party’s actions or inactions contributed to the brain injury. The common effects of brain injuries include headaches, vertigo, seizures, fluid buildup in the brain, vegetative state, coma, hearing loss, vision problems, etc.

The defendant must have assets, insurance, or other means through which you can get compensation. The damages in a traumatic brain injury lawsuit include injuries, disfigurement, disability, pain and suffering, medical bills, and lost wages.

Frequently Asked Questions

Here are some common questions that people ask about traumatic brain injury cases:

  • Can you File on Behalf of a Family Member?

Yes, there are many cases where a victim may be unable to file a lawsuit because of the extent of brain injury. This means you can file a case on behalf of a family member who has suffered a traumatic brain injury due to the actions of an individual or company. You can also file on behalf of your child if there is enough proof to support your claim.

  • Does the Case Have to go to Trial?

Most cases are settled before they go to trial. It is possible to get a settlement after sending a demand letter to the party at fault. Once you have enough evidence, you can get compensation without filing a lawsuit or before the case goes to trial.

  • Can You File a TBI Lawsuit Against a Company?

Yes, there are many cases where you can file a lawsuit against a company for traumatic brain injury. For example, you can sue a company if their driver was at fault in a crash that resulted in a traumatic brain injury. Also, if you suffer a brain injury as a result of food poisoning from a product, you may be liable for compensation.

You can also file a lawsuit against the manufacturer of defective safety equipment or product if the product did not provide protection or malfunctioned.

Get Help from Calvin Smith Law Today

If you or a family member has suffered a traumatic brain injury as a result of the actions of another party, then you may be eligible for compensation. Contact us at Calvin Smith Law today to get the help you deserve.

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