The Uncertain Future of a Traumatic Brain Injury

 Posted on January 25, 2016 in Catastrophic Injuries

Not so long ago, a concussion was considered just a bump to the head. With new advances in medical science, it has become clear that even with few, or even no, immediate symptoms, a blow to the head may cause a traumatic brain injury that can impact the rest of the victim’s life.

Proving Personal Injury Claims

When you are injured because of someone else’s negligence you have a legal right to be compensated for your damages. But, no matter if you are reaching a settlement with an insurance company or arguing a case before a jury, you have to be able to prove your damages. Proving your damages includes submitting documents such as medical bills and doctor’s reports. It often also requires more subjective proof such as statements about how your injuries have affected your life.

However, the damages in a personal injury claim are not always just about the past. Some injuries, such as traumatic brain injuries, may require future medical care and may impact your life for years to come.

Future Medical Bills and Loss of Enjoyment

California law allows for injured victims who establish they were injured as the result of another’s negligence to collect damages for future medical costs and future loss of enjoyment of life. But, the problem is in proving how much these damages should be.

Some cases are clearer than others. Science tells us that a single traumatic brain injury can have repercussions that are not felt in the day-to-day life of the victim sometimes for decades. There is also mounting evidence that traumatic brain injuries increase the risk of conditions such as dementia and Alzheimer’s later in life. 

You will need to show how likely you are to suffer additional symptoms from the traumatic brain injury in the future. You will not only need to convince an insurance adjustor or a jury that your case warrants compensation for uncertain future medical bills and loss of enjoyment of life because of the traumatic brain injury, but also what a fair amount of compensation is.

If you have been involved in a car accident, you need to speak with a skilled and experienced San Jose personal injury attorney right away. Call the Law Office of John J. Garvey, III today at 408-293-7777 to schedule a consultation. You may only have a short period of time to protect your rights.

Sources:

http://www.galveston.com/blog/170/traumatic-brain-injury-induces-mental-impairments-using-mechanisms-linked-with-alzheimers/

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=03001-04000&file=3333-3343.7