While people experience many types of serious injuries in motor vehicle collisions, falls, and other accidents, the brain is one of the most vulnerable of vital organs in the human body. A traumatic brain injury (TBI) can have debilitating consequences that last a lifetime, including diminished cognitive functioning, impaired mobility, and inability to communicate, just to name a few examples. Traumatic brain injuries often have a profound effect on both a victim and his or her family. Our experienced Mississippi brain injury lawyers have answered common questions asked by people who suffer head injuries because of the misconduct of an individual, business, or public entity.
What should I do if I suffer a traumatic brain injury in an accident caused by another party?
The most important step to take in the wake of a serious accident during which you incur a brain injury is to seek immediate medical care. Some head injuries do not exhibit significant symptoms until a period has elapsed after the injury is incurred. This delay in symptoms frequently is related to bleeding and swelling inside the skull which imposes increased pressure on the brain. When injury victims take a “wait and see” attitude after experiencing an injury in an accident, they risk a less favorable prognosis because unrelieved pressure on the brain might cause severe brain damage and even death. Prompt treatment also enables medical providers to conduct a thorough diagnostic examination. A magnetic resonance imaging (MRI), computerized tomography (CT), or electroencephalography (EEG) scan often provides vital evidence regarding the nature and severity of an accident victim’s injuries.
Brain injury victims also should seek prompt legal advice if they are injured in an accident caused by the conduct of another. The potential magnitude of damages in a lawsuit involving a serious TBI means that insurance companies will devote extensive resources to shift blame to the injury victim or to otherwise avoid liability. Medical evidence regarding the nature of the brain injury and the way the crash caused the injury also will involve complex medical information that must be explained to a jury with experts. Our Mississippi personal injury lawyers work with well-regarded experts to build a compelling case for our clients.
How much is a traumatic brain injury claim worth?
While the precise value of a brain injury will depend on a range of factors, the damages in a case involving a traumatic brain injury typically exceeds $100,000 and awards in the millions are fairly common. The amount recovered in a judgment or settlement does not equal the actual compensation an injury victim receives. Most Mississippi personal injury lawyers work on a contingency fee basis, which means that their fees are a percentage of your recovery. The litigation costs associated with pursuing your brain injury case also will be deducted for expenses that include expert fees, trial exhibits, day-in-the-life videos, deposition costs (e.g. court reporter fees), and other costs associated with pursuing your lawsuit. The expenses associated with litigating a traumatic brain injury case can easily amount to tens or hundreds of thousands of dollars, but law firms have the financial resources to advance these costs of litigation. Our law firm executes a written fee agreement with every client, so our clients know what to expect regarding their net recovery after paying attorney fees and litigation expenses.
Can I pursue a personal injury lawsuit if I suffered a brain injury several years ago?
While the best practice is to seek legal advice as soon as practical after suffering a brain injury, the statute of limitations might not have expired. Although the statute of limitations may have run, you might benefit from the discovery rule. If the injured party is the victim of medical malpractice or a child age 6 or younger, this exception to the statute of limitation might “toll” (delay) expiration of the period to bring a lawsuit. The bottom line is that important notices might need to be filed, and actions commenced within a designated time. Injury victims should seek prompt legal advice to assess their rights and to avoid running afoul of the statute of limitations.
If you have been injured in a car accident in Jackson or the surrounding areas, our Mississippi Personal Injury Lawyers have successfully represented many victims of negligent drivers. At Barrett Law, we are here to help. Contact our law firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.