Jackson, MS Brain Injury Lawyer
Have you or a loved one suffered a severe injury that resulted in a traumatic brain injury in Jackson, Mississippi? If this injury was caused by the negligence of a Mississippi company or individual, it is imperative that you contact an experienced Jackson, Mississippi brain injury lawyer immediately. It is crucial that experienced attorneys conduct a thorough investigation to uncover any potential evidence of negligence.
Traumatic brain injuries can have lifelong repercussions. You will have to manage not only the physical but also the mental and emotional difficulties associated with a TBI. In numerous instances, a brain injury caused by the irresponsibility of another can result in the death of a loved one.
For decades, the Jackson brain injury attorney at Giddens Law Firm, P.A. has assisted TBI victims in Mississippi with their accident cases. We are aware of the difficulties you and your family are facing. Consequently, our attorneys will do everything possible to ensure that you receive the maximum available compensation for your injury case.
What is a Traumatic Brain Injury?
Traumatic brain injuries, also called TBI, occur 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 injuries 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.
Other common causes include sports injuries, motorcycle and bicycle accidents, and medical malpractice.
How Serious is a TBI?
Brain injuries can cause serious, life-threatening events for Jackson MS victims, and can result in permanent irreversible damage to the brain. Brain Injury can lead to paralysis, seizures, blindness, memory loss, impaired communication skills, and many other disabilities. Brain injury 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 in Jackson MS, it is necessary to study the symptoms of brain injuries 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 in Jackson MS, 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 in MS, call our 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.
Frequent Questions Regarding Brain Injuries
What is the Value of a Traumatic Brain Injury Case in Mississippi?
There is no average settlement for personal injury cases in Mississippi. Each case is unique, and the outcome will depend on the specifics of your claim. When you first meet with our skilled Jackson brain injury attorney, he or she will settle down with you to discuss the details of your case so that we can estimate the value of your claim.
We will require information including:
- The seriousness of your TBI
- What treatment you have received thus far and will require in the future
Any destruction to your property
- Loss of earnings and potential earning capacity
Once we have determined the true cost of your accident, we can then inform you of the true value of your brain injury claim.
How long do I have to file a claim for a brain injury in Jackson, Mississippi?
The Jackson, Mississippi statute of limitations varies depending on the type of claim filed. The statute of limitations for submitting a personal injury claim is three years from the date of the accident.
However, you have two years from the date of the accident or the date you discovered the cause of the brain injury to file a medical malpractice claim.
What Compensation Is Available After a Brain Injury?
You may receive compensation for both economic and non-economic damages, depending on the type of accident that caused your TBI.
Economic damages are compensation for any monetary losses you incurred as a result of the accident in Mississippi. These damages include medical expenses, lost wages, loss of potential future earnings, and property damage. This can also include employment loss.
Non-economic damages are a form of compensation for losses that are not monetary in nature. These subjective categories of damages may include pain and suffering, loss of consortium or companionship, emotional distress, and loss of life enjoyment.
You may also be compensated for any costs associated with the accident-related mortality of a loved one.
In certain instances, punitive damages could be awarded. Punitive damages are awarded to those who caused the disaster as a form of punishment. It is intended to discourage the behavior that led to the accident. In most cases, punitive damages are awarded when the defendant acted with malice toward the victim, causing the harm. However, punitive damages are awarded infrequently.
What Are Some Symptoms of a Traumatic Brain Injury?
Symptoms of traumatic brain injuries can range from headaches to comatose states. But knowing the signs of a TBI can lead to an early diagnosis and prompt treatment of the trauma.
Mild TBI symptoms consist of:
- Speech issues
You may also be sensitive to light or sound and suffer from sensory issues like blurred vision or ringing in the hearing.
Among moderate and severe symptoms are:
- Loss of consciousness
- Fluids that drain clear from the nostrils or ears
- Weakness or numbness of the hands and feet
- Unbalanced coordination
What Steps Should I Take Following a Traumatic Brain Injury in Jackson?
The first measure is to seek medical attention immediately. Unfortunately, traumatic brain injuries can be difficult to diagnose, and untreated injuries can have long-term consequences. Attempt to document all doctor visits and work absences. And be sure to contact our office as soon as possible, particularly if the head injury was caused by someone else’s negligence.
How Much Does It Cost to Retain a Brain Injury Lawyer in Jackson?
Our personal injury attorney at Giddens Law Firm works on a contingency fee basis. This means that you do not owe our attorneys a fee until the case has been resolved. If our attorneys are successful in obtaining you the accident compensation you deserve, we will take a small percentage of your settlement. However, if we are unable to reach a favorable resolution, you will not be charged.
Related Practice Areas