Filing a Claim after Suffering a Brain Injury from Car Accident

By April 7, 2020Car Accident
Brain Injury from Car Accident

Victims of car accidents are at a high risk of suffering severe injuries, including damage to the brain. A traumatic brain injury can lead to permanent cognitive brain damage, and affect your ability to have a functionally independent life. Moreover, brain injury from car accidents can result in significant expenses for medical treatment, rehab, and long-term care.

It may also be difficult to earn a living while recovering, which can lead to financial struggle. For professional assistance in recovering your rightful compensation after a car accident, consider working with a Grand Junction Auto Accident Lawyer.

Types of Brain Injuries

Different types of accidents, such as head-on collisions, rear-end collisions and side-impact collisions can result in brain injuries. The following are some types of traumatic brain injuries:

  • Concussions: Sudden impact to the head or violent motion that causes the brain to hit the side of the skull can result in a concussion. While minor concussions are able to heal by themselves, severe ones may lead to internal bleeding and permanent damage to the brain
  • Coup-contrecoup: This injury arises when you incur contusions on the impact region and opposite part of the brain. A coup-contrecoup injury happens when your body moves in multiple directions during a collision, causing the brain to hit against both sides of your skull
  • Contusions: A hard impact to the head can result in a contusion, which is a brain tissue bruise. It leads to brain swelling, blood clot formation and insufficient supply of oxygen to the brain
  • Diffuse Axonal Injury: During a car accident, the brain can shift and rotate inside the skull, leading to the severing of brain axons (long connecting fibers). That results in diffuse axonal injuries, which may lead to critical brain damage, a coma, or death.

What are the Symptoms of a Brain Injury?

A brain injury from car accident can result in a broad range of symptoms, including the following:

  • Dizziness
  • Nausea
  • Vomiting
  • Headache
  • Mood changes
  • Loss of consciousness
  • Fatigue
  • Drowsiness
  • Convulsions
  • Memory problems
  • Sensory issues
  • Fluids coming out of the nose or ears

Seeking medical attention after a vehicle collision is vital. It ensures that your injuries are diagnosed accurately and you receive the treatment you require.

Proving Fault for a Brain Injury from Car Accident

To recover the compensation you need following a car accident, your Grand Junction Auto Accident Lawyer must prove the liability of the at-fault party. The lawyer needs to prove the factors below exist in your brain injury claim:

  • Duty of Care: The at-fault party was legally obliged to operate his or her vehicle in a reasonably safe way to avoid inflicting a car accident. That includes adhering to traffic regulations and abstaining from taking part in distracting or hazardous behavior
  • Breach of Duty: The liable driver breached their duty of care by operating a vehicle in a way that departs from how a rationally prudent individual would drive
  • Causation: The liable driver’s breach of duty led to your brain injury. This can be hard to prove, and might require your lawyer to acquire past medical records to prove you didn’t have any pre-existing conditions
  • Damages: You must show that you incurred measurable damage, because of the liable party’s breach of duty. That includes medical expenses, long-term care costs, or income you lost while you couldn’t work

If you sustained a brain injury from a car accident, you should consider getting legal assistance. Contact the Cimarron Ridge Legal Group today at (970) 230-7656 to book a free consultation.