A traumatic brain injury (TBI) can be a life-altering event. When a child experiences a significant TBI, it could affect learning, motor skill development, and self-control. When an adult gets a severe TBI, the impacts might prevent him or her from working or even living independently.
If you or one of your family members suffered a serious TBI in an accident, reach out to a diligent attorney to help file a legal action against the responsible parties. Anyone who was negligent could be legally responsible for paying compensation for your losses. A Lakewood traumatic brain injury lawyer could explain the legal options available in your particular case.
Liability for Traumatic Head Injuries
A finding of negligence triggers an obligation to pay damages. Negligence is any action or inaction that demonstrates an unreasonable degree of carelessness or recklessness. The injured person must prove that another party’s negligence caused the accident that led to an injury. The TBI victim and their attorney must also show that the injuries caused actual, documentable losses.
Partial Negligence
Sometimes, an accident that results in TBI is caused in part by the conduct of the person who was injured. A negligent plaintiff could collect a reduced amount of damages proportionate to his or her degree of fault. Under the law, a plaintiff who is more than 50% responsible for the incident that caused the injuries cannot collect damages.
Defense attorneys might assert that the accident happened mainly because of the plaintiff’s conduct. It is critical for a TBI victim in Lakewood to work with an experienced lawyer who could stand up to defense attorneys and fight for the victim’s right to compensation.
Damages in Lakewood TBI Claims
If someone else’s negligence caused a TBI, the negligent party could be liable to pay for the injured person’s economic and non-economic losses.
Economic Damages
Economic damages reimburse costs that are easy to calculate or predict. This could include:
- Medical expenses, both past and future
- Rehabilitation expenses
- Lost wages for time missed at work
- Diminished future earning capacity
There is no limit to the economic damages an injured person could collect. However, the TBI victim and their local attorney must prove the economic losses through invoices, receipts, and in the case of future expenses, expert testimony.
Non-Economic Damages
Non-economic damages cover losses that are intangible and have no set value. These damages could include payments for disfigurement, emotional suffering, humiliation, lost enjoyment of life, and physical pain. Proving non-economic damages could require medical or pharmacy records, as well as testimony from the injured person and his or her family members and associates.
The Ohio Revised Code §2315.18(B) limits the non-economic damages a plaintiff can receive in many cases. However, this restriction has several exceptions, including situations involving permanent injury that affect a victim’s ability to work or care for themselves. A Lakewood TBI attorney could advise an injured person about whether an exception might apply in a specific case.
Contact a Lakewood Traumatic Brain Injury Attorney
It can be a long road to recovery after a severe TBI. A victim may take years to regain basic capacities like speech, motor control, and emotional regulation. In some cases, an injured person will never return to the same level functioning as before the TBI.
There is a huge emotional and physical cost to traumatic brain injuries, as well as significant financial costs. Your family should not bear this burden alone. Call our Lakewood traumatic brain injury lawyers today to find out how you could pursue a claim for damages.
