Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Traumatic brain injuries (TBIs) impact the lives of thousands of people per year. These unfortunate events, which might be caused by a variety of accidents, have the potential to cause significant pain and disability for affected individuals.
In certain instances, brain injury inducing incidents may be due to someone else’s irresponsibility or negligence. An Ohio traumatic brain injury lawyer’s counsel might prove critical in helping you bring a case to recover damages. If you are wondering what to do following a TBI, you may want to consider reaching out to a knowledgeable attorney for advice.
Serious brain injuries can be precipitated by a variety of mishaps. Common causes include:
That said, other events may also lead to a brain injury. If someone believes to have a legitimate case, an Ohio traumatic brain injury attorney can review the facts and help determine whether the case has merit.
A well-functioning brain is crucial to the human body performing many functions. Moderate to severe brain damage might result in:
These are merely several common manifestations of a brain injury. However, more specific complications may correlate to the injury’s severity, as well as the specific region of the brain where the damage occurred.
The first issue at hand in a traumatic brain or any other personal injury claim is to demonstrate which party or entity involved in the accident bears responsibility for causing said event. Ohio adheres to the modified comparative fault principle. This means that the percentage of blame that is assigned to each party will usually determine how much, if any, damages a claimant will receive. Moreover, modified comparative fault mandates that the claimant must be ruled less than 51 percent at fault to recoup any damages.
Assuming the claimant is deemed no greater than 50 percent to blame for the unexpected event, a person must also illustrate that their injuries were caused by the incident in question. The damages they are seeking must also be a direct result of those injuries.
There are two categories of damages a traumatic brain injury claimant might recover: compensatory and punitive. Compensatory damages are awarded as a means of compensating a person for the expenses they incurred due to injuries sustained. Common compensatory awards include past and future medical expenses, past and future lost wages, pain and suffering, and loss of consortium.
Punitive damages are adjudicated separately from compensatory rewards and are handed out if a defendant is ruled to have executed a deliberate act of maliciousness or malfeasance that precipitated the claimant’s injuries. An Ohio traumatic brain injury lawyer can help explain what compensation may be available for a specific claim.
Brain injuries can occur in the blink of an eye and leave the impacted person with significant, if not permanent pain and disability. Compounding matters is that, on certain occasions, the events that caused these injuries might be the result of someone else’s negligence. If you are in this situation, you may want to contact an Ohio traumatic brain injury lawyer as soon as possible. An attorney can help you seek the compensation you deserve.
Charles E. Boyk Law Offices, LLC