From a medical perspective, a traumatic brain injury (TBI) is caused by any trauma to the brain that impacts its normal functioning. Officials at the US Centers for Disease Control and Prevention (CDC) explain that a bump or blow to the head could cause the brain to shift inside the skull, striking against the hard bone. This impact may cause bruising or hemorrhaging in the brain, or it could cause the delicate fibers of the brain to stretch and tear. Another way someone could suffer TBI is a penetrating head injury from an object or firearm.
However, the underlying cause behind a TBI is usually an accident. The people and businesses you encounter on a daily basis are not always careful, and their negligence can lead to serious losses for victims. Fortunately, you do have legal remedies to recover compensation from the at-fault party. An Owings Mills brain injury lawyer will assist with the necessary tasks, but it is useful to review the types of accidents that typically cause TBI.
Top Causes of Accidental TBI: A violent impact of any kind could lead to concussion, TBI, and other head injuries, but some details are revealing.
- Falls account for almost half of all individuals hospitalized for TBI.
- One of the most common reasons people head to the ER for treatment of head injuries is motor vehicle collisions, including car, truck, and motorcycle accidents.
- Children and youth are at risk of TBI through some of the sports and recreational activities they enjoy.
- Criminal attacks, including assault and shootings, also rank high for TBI.
Proving Negligence: Most accidents are the result of negligence, which has a very specific meaning in Maryland personal injury law. To recover compensation, you must prove that the at-fault party did not exercise reasonable care, and this failure directly caused the accident. Many of these claims settle, but it is necessary to file a lawsuit if you cannot reach an agreement. Whether in court or negotiating settlement, you could be eligible for:
- Medical expenses;
- Lost wages, if you were unable to work during your recovery;
- Pain and suffering; and,
- Emotional distress.
Contributory Negligence in Maryland: There is a legal concept that could impact your compensation if you suffered a TBI in an accident, and it is a rule that focuses on your own conduct. Under Maryland’s pure contributory negligence law, a victim is barred from obtaining damages if he or she was partly responsible for the accident. For example, you might receive nothing if you were speeding or running a red light when involved in an auto crash. There are some exceptions to the contributory negligence rule, but the effects are harsh.
Trust a Baltimore County Brain Injury Attorney for Assistance
Contributory negligence is just one of many challenges you may face with a TBI-related accident claim. You can rely on our team at Furman | Honick Law to help navigate them, so please contact us at 410-844-6000 or go online today. We can schedule a no-cost consultation at our offices in Owings Mills or Baltimore.
Source:
cdc.gov/traumaticbraininjury/index.html