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How to Pursue Compensation in a Head Injury Case

It can be traumatic when a loved one's accident results in a head injury, and some head injuries can be life-changing. The victim may need rehabilitation or long-term care. Here's a guide to head injuries and pursuing compensation for the victim.


Several types of accidents cause head injuries. For instance, there's a huge impact when a speeding car hits another vehicle. Drivers may strike their heads on the steering wheel or a window. Further, head injuries are common in the construction business or when someone slips and falls. You'll need to seek advice from Kenny Perez Law if the accident is caused by someone else's negligence.

Learning About Traumatic Head Injuries

Traumatic head injuries are also called traumatic brain injuries or TBI. These injuries happen after a blow to the head. The brain moves as a result of trauma. Frequently, the brain swells and there's decreased blood flow. Cell death occurs when parts of the brain don't get enough oxygen. Cell death causes the most serious TBIs.

Interestingly, concussions are the most common TBI. Concussion symptoms vary in severity and it's troubling if symptoms last more than a month. A diffuse axonal injury (DAJ) is one of the most serious TBIs. The brain shakes or twists inside the skull. Patients generally have some loss of function. Penetrating brain injuries are also severe. Patients often develop seizures and epilepsy.

Why Victims Need a Lawyer

Clients with more severe conditions need a lawyer to be their advocate. A brain injury lawyer understands the science of the injury. They know the type of care a patient needs and how much it's going to cost. They fight for the best possible outcome for clients. Most importantly, lawyers know that insurance companies try to low-ball victims. Insurance Adjusters are in the business of saving their bosses money. In any event, a lawyer never negotiates until they know the client's prognosis.


A lawyer pursues special damages and general damages. Special damages are things one can easily put a dollar value on. Examples include:

  • loss of the ability to make a living

  • past and future medical costs

  • lost income

  • replacing damaged property

General damages include things like pain and suffering, changes in the quality of life, and loss of consortium.

A TBI Portrait

Dr. Nicole Eastman writes a blog about her TBI. Her life changed at 30 when her car was struck by a big rig several times. Dr. Eastman was diagnosed with a TBI and underwent therapy and rehabilitation. However, she had lingering headaches and memory problems. Nicole says writing about her injury helped a lot. She's healed today and is happily married with a son.

Getting the Verdict You Want

The parties must go to trial if they can't reach a settlement. Unfortunately, it may take a year or more to get on the court's calendar. But, it's worth it. A lawyer knows how to tell the jury why a plaintiff deserves damages. There are several things that affect a jury's verdict and the award of damages. Experts say liability should be clear and it's best to have one defendant.

Head injuries may change your life. However, having a lawyer makes all the difference. They'll fight for each client and make sure they're able to live a comfortable life. Additionally, your dependents will be taken care of.

This article does not necessarily reflect the opinions of the editors or the management of EconoTimes

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