Traumatic brain injuries (TBI) are one of the leading causes of death in the United States. According to the Centers for Disease Control and Prevention, approximately 214,000 people are hospitalized each year for traumatic brain injuries, and roughly 70,000 people die as a result of TBI. The elderly population–i.e., individuals who are 75 years of age or older–are far more likely to suffer a traumatic brain injury. But a TBI can affect anyone at any time.
Indeed, many traumatic brain injuries are the result of motor vehicle accidents and other negligent acts committed by third parties against the victim. If you, or someone in your family, has been injured in this way, you have the right under Ohio law to seek compensation for your out-of-pocket and other losses. The Cleveland traumatic brain injury lawyers at Tittle & Perlmuter can review your case, explain the process of seeking compensation, and represent you in dealing with the negligent parties and their insurance companies who may be liable for your damages.
Understanding Traumatic Brain Injuries in Ohio
A traumatic brain injury is usually the result of a sudden bump or “jolt” to your head. For example, if you are driving your car and someone rear-ends you, that can cause your head to suddenly strike the steering wheel, leading to a TBI. Other common causes include falls, sports-related injuries, and acts of violence such as gunshots.
Medical professionals classify traumatic brain injuries as mild, moderate, or severe. A mild TBI–often referred to as a “concussion”–may produce a few symptoms that go away after a few days or a couple of weeks. Moderate-to-severe TBIs, in contrast, may produce more serious symptoms that can last for several weeks, months, and even years after the initial injury.
Some common symptoms of mild TBI/concussions include:
- anxiety;
- balance issues
- blurred vision
- confusion
- difficulty concentrating or thinking clearly
- dizziness
- fatigue
- headaches
- nausea
- nervousness
- short-term memory loss
- sudden irritability
- vomiting
With respect to moderate and severe traumatic brain injuries, additional symptoms can include:
- aggressiveness
- changes in sensory perception
- depression
- difficulty communicating
- lack of impulse control
- loss of consciousness
- weakness in the extremities
Moderate or severe TBI can also lead to permanent brain damage, as well as an increased risk of developing additional neurological impairments in the future, such as Alzheimer’s disease and post-traumatic stress disorder. In some cases, TBI victims may require a lifetime of ongoing medical care to address these conditions and other persistent symptoms.
Seeking Compensation for a Traumatic Brain Injury in Cleveland
Ohio personal injury law allows a traumatic brain injury victim to sue the individuals and legal entities whose negligence led to their injury in the first place. Negligence requires proof that the defendants owed a duty of care to the plaintiff, violated that duty through act or neglect, and the result was a traumatic brain injury. Once a plaintiff proves causation, they can seek financial compensation known as damages, which break down as follows:
- Economic Damages: This reflects the TBI victim’s total out-of-pocket financial losses, both up to the present day and in the future. This includes past, present, and future medical expenses, the costs of any necessary rehabilitation therapy, and compensation for the victim’s lost wages and diminished earning capacity.
- Non-Economic Damages: These are damages that cannot be measured precisely yet clearly exist. Non-economic damages usually include compensation for a TBI victim’s pain and suffering, mental anguish, and loss of enjoyment of life, among other things.
- Punitive Damages: Unlike economic or non-economic damages, punitive damages are a form of civil punishment meant to deter conduct that is especially egregious. Ohio courts may only award punitive damages if there is proof that the defendant acted with “malice or aggravated or egregious fraud,” or that the defendant knowingly caused the victim’s injuries.
An important consideration when seeking damages for a traumatic brain injury is ensuring a timely and proper diagnosis. The difficulty with TBIs is that the victims often do not experience any immediate symptoms following the accident. It may take a few days–or even a couple of weeks–before any noticeable signs of TBI emerge. That is why it is always a good idea to seek medical attention following any accident where you have hit your head. Even if you “feel fine” and can walk away from the accident under your own power, there is still a chance you suffered a traumatic brain injury. Any delay in seeking a diagnosis can make it more difficult to seek compensation later against the individuals who caused your injury.
Contact a Cleveland Brain Injury Lawyer Today
Even a mild traumatic brain injury can leave you facing significant medical bills and a temporary loss of income. You should never hesitate to seek full and just compensation from those whose actions caused your TBI in the first place. Our Cleveland traumatic brain injury lawyers can assist you in assessing your case and dealing with the negligent actors and their insurance companies on your behalf. Call Tittle & Perlmuter today at 216-222-2222 to schedule a free case strategy session.
