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Traumatic Brain Injury Attorney Beachwood OH
Get the Legal Assistance You Deserve for Your TBI Accident Claim
At Karp Steiger Co., LPA, our qualified traumatic brain injury attorney Beachwood OH offers legal guidance tailored to individuals in Ohio who have sustained traumatic brain injury (TBI) due to the recklessness or negligence of another party.
Our trained personal injury attorney understands the difficulties involved in coping with a severe brain or head injury and can assist you in navigating the legal complexities involved in seeking compensation for your losses.
We are committed to advocating for your rights and securing a favorable outcome for you. Call our law firm today for a risk-free consultation.
Why Do I Need a Traumatic Brain Injury Attorney in Ohio?
If you or someone you care about has suffered a traumatic brain injury (TBI) because of someone else’s careless or reckless behavior, it’s essential to consult with a brain injury lawyer. These cases are complicated, and without proper legal guidance, you may not receive adequate compensation for your losses.
For example, the negligent party’s insurance company may employ various tactics to convince you to accept a settlement early on that falls short of what you deserve. This means that if you choose to pursue the case alone, you will likely end up with very little, if anything at all.
That’s why it’s critical to engage a traumatic brain injury attorney in Beachwood, OH, like those at Karp Steiger Co., LPA, to handle your case. Once you establish a professional relationship with our personal injury attorneys, we will immediately start working on your claim. When you engage our legal services, we will:
- Conduct a thorough investigation to determine the cause of your accident and identify all liable parties
- Gather all necessary medical documents and accident reports
- Help you obtain the medical treatment you require
- Manage all communications with insurance companies on your behalf
- Reach out to medical professionals who can support your injuries and financial losses
- Locate witnesses who can testify on your behalf
- Negotiate with all involved parties to secure a just settlement
- Provide complete advocacy for you both in and out of court
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a type of injury that occurs when an external force, such as a blow or jolt to the head or a penetrating object, causes damage to the brain. TBIs can range in severity from mild, such as a concussion, to severe, which can result in long-term disability or death.
What Are the Most Common Causes of Traumatic Brain Injuries?
Traumatic brain injury (TBI) can occur due to various reasons, with a blow to the head being the most common cause. It’s essential to note that even if you don’t hit your head directly, a sudden force can result in a head injury. Additionally, a lack of oxygen is another prevalent cause of brain injury.
Whenever the brain suffers from oxygen deprivation or trauma, the victim is vulnerable to long-term effects. As a result, brain and head injuries occur frequently and can stem from multiple causes. Some of the most common causes of TBI include:
Motor Vehicle Accidents
Although modern vehicles have advanced safety features, like airbags, seat belts, and anti-lock brakes, individuals can still sustain severe injuries like TBIs due to car accidents, truck accidents, and other motor vehicle accidents.
Defective products, such as faulty machinery and equipment, malfunctioning brakes or tires, or flawed medical devices, can result in severe injuries, including Traumatic Brain Injury, for consumers. Regrettably, establishing a corporation’s accountability for such injuries can be a highly intricate process.
As parents, we expect our children to experience minor injuries during their younger years. However, no parent should ever have to anticipate their child sustaining a brain injury. These catastrophic injuries can result from a range of causes, including pediatric malpractice or a severe auto accident caused by someone else’s negligence.
Medical negligence may result in hundreds of thousands of deaths annually, and those who survive such incidents are frequently left with debilitating injuries, including traumatic brain injury.
Birth injuries, which are frequently linked to medical malpractice, are another common cause of traumatic brain injury. While some birth injuries may be mild and have no long-term consequences, others, such as brain injuries sustained during childbirth, can result in lifelong impairments that hinder a child’s cognitive, emotional, and physical development.
There are several other common causes of traumatic brain injury, including gunshot wounds, strokes, shaken baby syndrome (violent shaking of an infant or toddler), combat injuries, acts of violence, and sports injuries, among others.
What Are the Signs and Symptoms of a Traumatic Brain Injury?
Let’s examine the symptoms that are commonly associated with moderate to severe traumatic brain injuries. Although the symptoms can vary depending on the severity of the injury and the age of the patient, the following are some of the most common signs and symptoms.
- Loss of physical coordination may be experienced by the victim
- The victim can lose consciousness for several minutes to hours
- Nausea and repeated vomiting can be experienced by the victim
- The victim can experience a headache that continues to worsen or won’t abate
- One or both pupils of the victim may dilate
- Convulsions or seizures can occur in the victim
- It may be difficult or impossible to wake the victim from sleep
- Clear fluid may drain from the victim’s ears or nose
- The victim may experience numbness or weakness in their toes or fingers
The physical symptoms mentioned above can coincide with cognitive symptoms, such as severe confusion, slurred speech, unusual behavior (like agitation or aggression), or even coma. If any of these signs and symptoms are present, it’s crucial to seek immediate medical attention.
What to Do Following a Traumatic Brain Injury Accident in Ohio?
If you or someone you know has experienced a traumatic brain injury accident in Ohio, it’s important to take certain steps to ensure the best possible outcome. Here are some actions you can take:
Seek Medical Attention
If you or someone else is injured, call 911 or seek medical attention immediately. Even if symptoms seem mild, it’s crucial to get evaluated by a healthcare professional to rule out any serious injuries.
Document the Accident
Write down or take pictures of the scene of the accident, including any injuries, and make a note of any witnesses or details that may help determine the cause of the accident.
Follow Medical Advice
Follow your doctor’s advice and treatment plan. Attend all medical appointments, take prescribed medications, and follow any rehabilitation plans to ensure the best possible recovery.
Keep track of all medical bills, receipts, and other documentation related to the accident and injury. This information will be important when seeking compensation for damages.
Contact a Personal Injury Attorney
It’s important to contact our qualified traumatic brain injury attorney in Beachwood, OH, as soon as possible. We can help you understand your legal rights and options and guide you through the legal process.
Remember, Traumatic Brain Injuries can have serious and long-lasting consequences. Seeking medical attention, contacting a personal injury attorney, and following medical advice are critical steps in ensuring the best possible outcome after a TBI accident in Ohio.
Who Can Be Held Legally Liable for Your Traumatic Brain Injury Accident in Ohio?
Determining legal liability for a TBI accident in Ohio can be complex and will depend on the specific circumstances of the case. Generally, several parties may be held legally liable for a TBI accident, including:
- Negligent Individuals
- Government Entities
- Healthcare Providers
It’s important to consult with our accomplished personal injury attorney, who can evaluate the specific circumstances of your case and help determine who may be held liable for your TBI accident in Ohio.
How to Prove Negligence in a TBI Accident Claim in Ohio?
To prove negligence in a case involving traumatic brain injury, it is necessary to show that each of the four elements of negligence is present. These elements are:
Duty of Care
The first element is to prove that the party responsible for the injury had a duty of care toward the victim. Everyone is expected to provide reasonable care to others around them.
For instance, drivers are expected to drive safely and share the road with other motorists, pedestrians, and cyclists. Duty of care means that people should avoid causing harm to others as much as possible.
Breach of Duty
To prove negligence in a TBI case, you must establish that the at-fault party failed to provide reasonable care, which means that their careless, reckless, or negligent behavior caused your injuries. For instance, if a driver runs a red light or a person attacks someone, they breach their duty of care.
To hold the at-fault party responsible in a TBI case, you need to prove that they breached their duty of care towards you.
In addition, you need to demonstrate that the breach of duty of care by the responsible party caused an accident that led to your injuries. This can be achieved by gathering evidence that shows a connection between the careless or reckless actions of the at-fault party and the accident.
Finally, you need to demonstrate that the accident caused you financial harm. In personal injury cases, “damages” refer to the financial losses incurred as a result of your injuries, such as medical bills, lost wages, and other costs. Your personal injury attorney may use medical bills and income statements to establish the financial consequences of your TBI.
How to Build a Strong Evidence File After Suffering a TBI in Ohio?
A TBI can have severe consequences, both short-term and long-term, including seizures, infections, headaches, vertigo, depression, insomnia, memory and communication problems, and even coma.
If you are struggling with these or any other TBI symptoms, attempting to seek compensation on your own can be overwhelming. Even for someone without a TBI, it can be challenging to comprehend what information and evidence are necessary. Additionally, it can be challenging to obtain expert and industry information and testimony.
By hiring our TBI attorney in Beachwood, OH, we will assist you in building an evidence file that can aid in proving negligence and obtaining the financial compensation you deserve.
The Accident Report
The way you were injured may result in official reports of the incident. These reports are usually created by law enforcement officers in car, truck, bicycle, motorcycle, or pedestrian accidents. In other types of accidents, such as animal control or internal accident reports, incident reports may be generated.
Your Medical Records
The medical records you have will indicate the cause of your TBI and any other illnesses or injuries that resulted from it, as well as any further injuries you experienced during your accident. They will also inform our traumatic brain injury attorney in Beachwood, OH, about the severity of your injury and how it may affect your physical and cognitive abilities.
The Witness Testimonies
If there were other people present when you were injured, their witness statements could support your compensation claim. These statements from neutral parties, particularly those you don’t know, are often viewed as unbiased and can provide valuable evidence.
They can provide different perspectives on the accident and may also have supporting photos or videos from their smartphones. In addition, expert witnesses can help establish the cause of your accident and traumatic brain injury. These experts could include specialists in accident reconstruction, medical professionals, and others with relevant expertise.
What Are Ohio Comparative Negligence Laws?
However, in Ohio, the legal concept of comparative negligence is followed. This means that the injured party can still pursue compensation for their damages if they are found to be less than 51 percent at fault for the accident. In other words, the injured party can file a personal injury lawsuit as long as they are not more at fault than the defendant.
When both parties share fault in an accident, the amount of damages a claimant can recover is reduced according to their liability. For example, if a distracted driver hit a pedestrian who was jaywalking, the court would determine each party’s level of negligence and assign a percentage of fault.
If the pedestrian is found to be 20% at fault and has $10,000 in damages, they would only be able to recover up to $8,000. The amount of damages they can receive is reduced according to their degree of fault.
What Are the Average traumatic brain injury Settlements in Ohio?
TBI claims can result in significant settlements, often in the hundreds of thousands of dollars. If you suffer a moderate or severe TBI, you may experience ongoing physical disability, cognitive or memory impairments, behavioral changes, or disfigurement.
These effects can last a lifetime, which is why a fair settlement for a brain injury should take into account the impact on your quality of life. To ensure a fair settlement, you should receive financial compensation for all of your past and future expenses and losses. This compensation may include payment for:
- Medical expenses and rehabilitation costs related to your TBI
- Expenses for long-term care, such as home health services, home modifications, and household maintenance due to your disability
- Compensation for lost income due to missed work and future earnings or employment benefits if your disability prevents you from returning to work
- Compensation for physical pain and emotional suffering caused by the accident and resulting TBI.
- Compensation for lost enjoyment and quality of life due to permanent disabilities, disfigurement, or reduced life expectancy
What is Ohio’s Statute of Limitations for TBI Accident Claims?
According to Ohio Revised Code Section 2305.10, you usually have two years from the date of your injury or the date you discovered it to file a personal injury lawsuit in civil court. However, if you’re filing a wrongful death lawsuit, you have two years from the date of your loved one’s passing to file (per Ohio Revised Code Section 2125.02).
Work With Our Traumatic Brain Injury Attorney in Beachwood, OH Today
For many years, Karp Steiger Co., LPA, has been dedicated to fighting for its clients and has a strong track record of achieving success on their behalf. In addition, our Beachwood personal injury law firm has experience in working with experts to counter insurance companies’ arguments that try to shift the blame and redirect the focus of the case.
With a manageable caseload, our traumatic brain injury attorney, Beachwood, OH, can concentrate on our client’s specific needs and work tirelessly to achieve positive outcomes. Contact us today for a risk-free consultation with one of our personal injury attorneys.