Traumatic Brain Injury Lawsuit Attorneys
Have you or a loved one been seriously injured resulting in a traumatic brain injury? If this injury was caused by the negligence of a corporation or an individual in Mississippi, you need to contact a qualified Jackson, MS brain injury lawyer immediately. It is critical that a thorough investigation is performed to uncover any possible evidence of negligence.
A traumatic brain injury has life-long consequences. Not only will you have to deal with the physical difficulties associated with a TBI, but also the mental and emotional problems. In many cases, you may lose a loved one to a brain injury caused by someone else’s negligence.
For more than two decades, the Jackson brain injury lawyer at Giddens Law Firm, P.A. has been helping TBI victims with their accident claims throughout Mississippi. We understand what a difficult time you and your loved ones are going through. That’s why we will do whatever possible to make sure you get the maximum amount of compensation available for your injury claim.
What is a Traumatic Brain Injury?
Traumatic brain injury, also called TBI, occurs when the brain is injured by a sudden force or trauma. The brain can be rocked back and forth in the skull by a sudden blow, which results in bruising and swelling. In some cases, the impact will be sufficient to tear blood vessels in the brain, causing intracranial bleeding.
If the trauma results in damage to the skull itself, such as a crack or break, the trauma is considered a penetrating head injury.
More difficult to diagnose are closed head injuries, in which the brain is injured but the skull remains undamaged. This can occur from a blow or impact, or from severe back-and-forth shaking, such as whiplash. Babies and small children can suffer such injuries from being shaken, the so-called “shaken baby syndrome.”
According to the Centers for Disease Control and Prevention, TBIs are categorized into one of three levels of severity:
- Mild: A mild brain injury can leave the accident victim dazed and confused. They may lose consciousness for a few seconds or a minute.
- Moderate: The injury victim will suffer a loss of consciousness that could last for a few minutes to a few hours. Complications from a moderate brain injury could be long-lasting or permanent.
- Severe: The most life-threatening category, severe brain injury victims are unlikely to return to normal life.
What are the Common Causes of a Brain Injury?
The CDC estimates that there are approximately 610 TBI-related hospitalizations and 166 TBI-related deaths per day. Unfortunately, these numbers are only estimates since many brain injuries that treated in ERs, urgent care, or primary care.
The most common causes of a traumatic brain injury are slip and fall incidents and motor vehicle accidents. In a slip and fall accident, the victim’s head usually hits and bounces off a hard surface, which causes bruising and brain bleeds.
In a car crash, brain trauma can occur when the injury victim gets hit by blunt force trauma, such as the airbag being deployed.
How Serious is a TBI?
TBI can cause serious, life-threatening events and can result in permanent irreversible damage to the brain. It can lead to paralysis, seizures, blindness, memory loss, impaired communication skills, and many other disabilities. Symptoms may be as obvious as a coma or as subtle as a change in emotional behavior. TBI can have a profound effect on the quality of life, including the inability to work and interact socially, loss of normal body skills, etc.
When diagnosed with a brain injury following an accident, it is necessary to study the symptoms that follow the accident in order to diagnose the condition. Anyone who has sustained a blow to the head or whiplash-like injuries should be evaluated by a medical professional to determine if TBI has taken place. In many cases, the symptoms may be so slight as to escape the victim’s notice, but if treatment is not available, further injury can develop. Often the symptoms may be delayed for many hours until swelling in the brain reaches a point that it affects the victim.
How Can I Prove Negligence Caused My Traumatic Brain Injury?
As with any personal injury matter, to prove that another party was responsible for your TBI, the following factors must be proven:
- Duty of Care: You will need to show that the individual who caused the injury had a duty to keep you free from harm. For example, every driver on the road has a duty to follow the law and drive safely so that no one is harmed.
- Breach of Duty: The individual was negligent and breached their duty to keep you safe. Using the example above, a truck driver under a tight deadline ignored the hours of service regulations and had been driving for 15 hours straight. This has caused the driver to become fatigued and they fall asleep behind the wheel.
- Causation: Because the individual breached their duty of care, it caused you an injury. The fatigued truck driver in the above scenario crashed into your car. You hit your head hard against the steering wheel, resulting in a severe concussion and a brain bleed.
- Damages: The injury caused by the individual’s actions had resulted in damages. The concussion you sustained in our scenario will result in several doctor visits, medication, lost wages, and ongoing care — all considered damages in the eyes of the law.
Although proving negligence seems cut and dry, it can be difficult to do without all the evidence needed. Remember, the other party will do what it can to defend itself. In the case of a truck accident, for example, the trucking company will get any evidence it can to prove that you were responsible for the accident and your TBI. That’s why it’s important to contact an experienced brain injury lawyer in Mississippi immediately to get your case moving as soon as possible.
Call For Your Free Case Evaluation With Giddens Law Firm, PA
Time is often not on your side, it is imperative you take immediate action as soon as possible, so please call us today for a free legal consultation and case analysis.
If you or a loved one is in need of legal assistance, call our Jackson, MS brain injury lawyer at (601) 355-2022. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds.
Time is often not on your side after an accident; it is imperative you take immediate action as soon as possible, so please call our Jackson brain injury attorneys today for a free legal consultation.
Frequently Asked Questions About Brain injuries
How Much is a Traumatic Brain Injury Case Worth in Mississippi?
There is no average settlement when it comes to a personal injury case. Each case is different and it all depends on the specifics surrounding your claim. When you first meet with our experienced Jackson brain injury lawyer, they will sit down with you and discuss the specifics of your case so we can make an estimate of how much your claim is worth.
We will need information such as:
- The severity of your injury
- What treatment you’ve had so far and will need further down the line
- Any damage to your property
- Loss of income and possible earning capability
Once we know the true cost of your accident can we then let you know how much your brain injury claim is truly worth.
How Long Do I Have to File a Brain Injury Claim in Jackson, MS?
The statute of limitations in Mississippi varies, depending on what type of claim you are filing. If you are filing a personal injury claim, you have three years from the date of the accident to file your claim.
However, if it is a medical malpractice claim, you have two years from the accident or the time you discovered the cause of the brain injury.
What Damages Are Available Following a Brain Injury?
Depending on the type of accident that caused the TBI, you may receive compensation for both economic and non-economic damages.
Economic damages are compensation that you may receive for any monetary losses you experienced because of the accident. These damages include medical bills, lost wages, loss of future earning potential, and property damage. This can also include loss of employment.
Non-economic damages are a form of compensation for any non-monetary losses you may have received. These types of damages are more subjective and can include pain and suffering, loss of consortium or companionship, emotional distress, and loss of enjoyment of life.
You may also receive compensation for any expenses you had for the death of a loved one due to the accident.
In some cases, punitive damages may be awarded. Punitive damages are awarded as a form of punishment for those who caused the accident. It’s meant to deter the behavior that results in the accident. Usually, punitive damages are awarded in cases when the other party showed malice toward another individual, resulting in the injury. However, it’s very rare to be awarded punitive damages.
What Are Some of the Symptoms of a TBI?
The symptoms of a traumatic brain injury can range from a headache to rending an injury victim comatose. But knowing the signs of a TBI can lead to an early diagnosis and treating the trauma as quickly as possible.
Mild symptoms of a TBI include:
- Speech problems
You may also be sensitive to light or sound and have sensory problems such as blurred vision or ringing in your ears.
Moderate and severe symptoms include:
- Loss of consciousness
- Convulsions or seizures
- Clear fluids draining from the nose or ears
- Weakness or numbness in fingers and toes
- Loss of coordination
What Should I Do After a Traumatic Brain Injury in Jackson?
Your first step is to get medical attention as soon as possible. Unfortunately, TBIs can be difficult to diagnose and an untreated injury can have long-term effects. Try to document all doctor visits and missed time at work. And make sure you call our office as soon as possible, especially if the head trauma was the result of someone else’s negligence.
How Much Will it Cost to Hire a Jackson Brain Injury Lawyer?
At Giddens Law Firm, our personal injury lawyer works on a contingency fee basis. What this means is you do not owe us a fee until the case is over. If we are successful in getting you the compensation you deserve for your accident, then we will take a small percentage of your settlement. However, if we fail to reach a favorable outcome, you do not owe us a fee.