Concussions and traumatic brain injury are serious conditions that could cause lifelong consequences. If the brain injury was caused by another person or party’s negligence, the victim may be due compensation.
The lawyers at Bowles & Verna help victims of personal injury recover damages for all types of accidents and injuries. Here, we discuss the differences between concussions vs. traumatic brain injuries, and how these differences may impact your case. If you live in the Oakland, CA or other parts of the Bay Area, contact us for help with your brain injury lawsuit.
A concussion is a form of brain injury that is usually treated in the short term. The effects of a concussion are typically temporary. However, they can have long lasting effects if a victim suffers multiple concussions over time.
Multiple concussions are more common among athletes.
Traumatic Brain Injuries
A traumatic brain injury (TBI) is an injury that is caused by force or a hard blow to the head. TBI injuries can be open or closed. An open TBI is one in which the skull is broken or penetrated. In a closed TBI, a blow to the head or shaking of the brain within the skull causes damage. Either type of TBI can be devastating and have lifelong impact.
Although a concussion is considered a mild TBI injury, most victims of concussions don’t pursue legal action because the damages aren’t as high.
However, for more serious TBI that require long-term care and treatment, victims may want to file a lawsuit against the negligent person or party. Victims may be able to obtain compensation for expenses and the emotional suffering associated with the injury.
Causes of Concussions and Traumatic Brain Injury
There are many causes of brain injury, including:
- Car accidents: Accidents that involve speeding or a head-on collision are more likely to result in a serious TBI.
- Sports-related accidents: Athletes may suffer a blow to the head when colliding with another person, sporting equipment, or the ground.
- Assault: Victims may sustain a blow to the head or hit their head on the ground during an assault.
- Slip and fall: If you slip and fall due to wet floors, an uneven side walk, or faulty stairs or handrails, a brain injury can occur.
Damages in Traumatic Brain Injury Cases
Aside from seeking medical care after a TBI, victims can seek financial recovery from the responsible party. To do this, victims must:
- Establish liability, through careful investigation of the accident
- File a claim to obtain compensation from the liable party
- Provide evidence showing the extent of the injury and emotional anguish
Victims of TBI are entitled to seek damages for medical expenses, lost wages, loss of future earnings, and pain and suffering. Sometimes, these cases are settled outside of the courtroom; other times, it is necessary to go to trial to get what you deserve.
How a Personal Injury Attorney Helps
We can help negotiate a reasonable settlement, and if that is not possible, we are prepared to take your case to court. One of our traumatic brain injury attorneys can help you build a case and obtain compensation.
Contact Us Today
To learn more about your legal options after suffering a concussion or traumatic brain injury, contact our law firm. Schedule a consultation online or give us a call in the Oakland area at (925) 935-3300.