Philadelphia Brain Injury Attorneys
The Philadelphia brain injury attorneys at PhillyLaw are here to help when you or a loved one has suffered a brain injury. With extensive experience and a deep understanding of the complexities associated with brain injury cases, our team is dedicated to providing comprehensive legal support. Recognizing the profound impact a brain injury can have on an individual’s life, we are committed to fighting for the justice and compensation our clients deserve. Whether the injury resulted from a car accident, workplace incident, or any other form of negligence, we are here to advocate on your behalf. Contact us for a free consultation from a Philadelphia brain injury lawyer to learn more about your options if you or a loved one has suffered brain injuries.
How a Philadelphia Brain Injury Attorney Can Help You
The Philadelphia brain injury attorneys at PhillyLaw are specialized legal professionals dedicated to supporting individuals who have suffered a traumatic brain injury. They have in-depth knowledge of both state and federal laws pertaining to personal injury and are adept at navigating the complex legal system to advocate for the rights and compensation of their clients. These Philadelphia brain injury lawyers help by:
Evaluating the Case
They provide a comprehensive assessment of the traumatic brain injury and its impact on the client’s life, helping to understand the legal options available.
Gathering Evidence
They collect crucial evidence, including medical records and expert testimonies, to build a strong case.
Filing Claims
They assist in filing a personal injury claim and ensure all paperwork is completed accurately and within the necessary deadlines.
Negotiating with Insurance Companies
Skilled in negotiation, they work tirelessly to secure fair settlements from insurance companies, aiming to cover medical expenses, lost wages, and other damages.
Representing in Court
If necessary, they are prepared to take the case to court by filing a personal injury lawsuit, representing their clients’ interests, and fighting for justice.
By choosing a Philadelphia brain injury attorney at PhillyLaw, individuals gain a powerful ally in their corner, dedicated to securing the best possible outcome following a traumatic brain injury.
Traumatic Brain Injury
A brain injury, often referred to as a Traumatic Brain Injury (TBI), is a form of injury that occurs when an external force causes brain dysfunction. A traumatic brain injury can range in severity from mild, involving a temporary disruption of brain functions, to severe, leading to prolonged periods of unconsciousness or amnesia after the injury.
Symptoms of a traumatic brain injury can vary widely depending on the severity of the injury and the area of the brain affected, potentially including headaches, confusion, dizziness, changes in sensory perception, emotional instability, cognitive impairments, and even unconsciousness. Understanding the intricacies of traumatic brain injuries is crucial for properly addressing and treating them, underscoring the importance of specialized legal and medical intervention for those impacted.
Types of Traumatic Brain Injuries
Traumatic Brain Injuries can manifest in various forms, each characterized by its unique impact on the brain and the symptoms it triggers. Among the various forms of Traumatic Brain Injuries (TBIs), two primary classifications are Closed-Head Injury and Open-Head Injury.
Closed-Head Injury
Closed-head injury refers to a type of brain injury where the skull remains intact. These injuries often occur as a result of a blow to the head or a sudden, violent motion that causes the brain to move within the skull. This can lead to bruising, blood vessel damage, or nerve damage in the brain. Symptoms can range from mild concussions to more severe injuries, manifesting as confusion, loss of consciousness, and persistent headaches. The severity of closed head injuries varies, and the absence of visible wounds can sometimes delay diagnosis and treatment.
Open-Head Injury
Open-head injury, on the other hand, is a traumatic head injury characterized by a break in the skull, such as those caused by gunshot wounds or sharp object penetration. This category of injury directly exposes the brain to external elements, increasing the risk of infection and potentially leading to more severe brain damage. The visible nature of these injuries often necessitates immediate medical attention, which can be critical for the victim’s survival and recovery. Symptoms of open head injuries can include visible wounds to the head, seizures, loss of consciousness, and profound cognitive impairment.
Both closed and open head injuries necessitate immediate medical evaluation and treatment. The distinction between the two types highlights varying degrees of risk and potential complications, underscoring the importance of specialized care and legal representation to address the unique challenges and repercussions of each injury type.
The primary types of traumatic brain injuries include:
Concussions
The most common type of traumatic brain injury, concussions can occur due to a direct blow to the head or a sudden, violent shake that causes the brain to move within the skull. Symptoms of this mild traumatic brain injury can range from headaches and confusion to temporary loss of consciousness.
Contusions
These are bruises or bleedings on the brain caused by a direct impact to the head. Large contusions may require surgical removal.
Diffuse Axonal Injury (DAI)
This type of traumatic brain injury involves tearing of the brain’s long connecting nerve fibers (axons) that happens when the brain is injured as it shifts and rotates inside the bony skull. DAIs commonly result in coma and significant cognitive impairment.
Penetrating Injuries
These severe brain injuries occur when an object, such as a bullet or shattered piece of skull, enters the brain, causing a wide area of damage. Penetrating traumatic brain injuries are grave and often result in severe disability or death.
Anoxic Brain Injury
Although not caused by an external force, anoxic traumatic brain injuries occur when the brain does not receive enough oxygen. Causes can include heart attacks, carbon monoxide poisoning, or suffocation.
Understanding the specific type of traumatic brain injury is crucial for determining the appropriate course of treatment and legal action, especially when the injury is due to someone else’s negligence or deliberate action. Each type presents its own challenges for recovery and legal compensation, underscoring the need for experienced legal and medical professionals.
Causes of Brain Injuries
The causes of traumatic brain injuries are diverse, ranging from everyday accidents to acts of violence. Understanding the common causes of brain injuries is critical for prevention and in seeking justice and compensation when they occur due to another’s negligence. Key causes include:
Vehicle-Related Collisions
Automobile, motorcycle, bicycle, and pedestrian accidents are leading causes of traumatic brain injuries. The impact can cause the brain to move violently within the skull, resulting in injury.
Falls
Especially common among young children and the elderly, falls from heights, down stairs, or on flat surfaces can lead to a traumatic brain injury.
Workplace Accidents
Industries with a high risk of falls, machinery accidents, or exposure to hazardous materials contribute to the occurrence of traumatic brain injuries.
Sports Injuries
Contact sports like football, boxing, soccer, skateboarding, and skiing carry a higher risk of concussions and other forms of traumatic brain injuries.
Violence
Acts of violence, including domestic violence, gunshots, and assaults, are significant causes of penetrating and blunt-force traumatic brain injury.
Military Actions and Explosive Blasts
Service members are at risk of traumatic brain injuries due to explosive blasts, which can cause both primary brain damage from the blast itself and secondary injuries from subsequent impacts.
Medical Conditions
Strokes, tumors, infections, and lack of oxygen to the brain (anoxic brain injuries) also contribute to the spectrum of brain injuries.
Identifying the cause of a traumatic brain injury is a crucial step in framing a legal case, understanding potential treatments, and implementing preventive measures to avoid future injuries. The expert brain injury lawyers at PhillyLaw are well-versed in complex personal injury cases that involve brain injury and can assist you and your family in seeking financial compensation for brain and head injuries suffered as the result of someone’s negligence.
Liability for Brain Injury Cases in Pennsylvania
Determining liability in brain injury cases in Pennsylvania requires a thorough investigation into the circumstances surrounding the injury. Under Pennsylvania law, a party may be held liable if the injury resulted from their negligence or intentional actions. Negligence implies that the responsible party failed to exercise the level of care that a reasonable person would under similar circumstances, leading to the injury. For instance, in vehicle-related collisions, the driver who violated traffic laws or operated their vehicle recklessly could be held liable for a brain injury. Similarly, employers can be liable for workplace accidents if they failed to maintain a safe working environment or provide adequate safety equipment.
In cases of violence, the perpetrator can be directly held liable for the injuries they caused. Pennsylvania also recognizes the doctrine of “comparative negligence,” which means that if the injured party is found to be partially at fault for their own injury, their compensation can be reduced in proportion to their degree of fault. However, as long as their portion of fault does not exceed 50%, they are still eligible to receive compensation for the damages sustained.
Identifying all parties responsible for a traumatic brain injury is crucial, as it can significantly impact the scope of compensation available to the victim. This might include not only direct perpetrators but also third parties who indirectly contributed to the circumstances leading to the injury, such as property owners, manufacturers of defective products, or entities failing to provide adequate security. The Philadelphia brain injury lawyers at PhillyLaw can provide invaluable assistance by ensuring a comprehensive evaluation of the case, securing evidence, and articulating the extent of liability to achieve justice and appropriate compensation for their clients.
Exploring Potential Liable Parties in Pennsylvania Brain Injury Cases
In Pennsylvania, the range of entities and individuals who might be held liable in brain injury cases is broad, encompassing not only those directly involved in the incident causing the injury but also those whose negligence may have indirectly contributed to the event. Key potential liable parties include:
Motor Vehicle Operators
Drivers who engage in negligent behavior such as speeding, driving under the influence, or texting while driving, leading to accidents that result in brain injuries.
Property Owners and Landlords
Those who fail to maintain safe premises, leading to falls or other accidents causing brain injuries. This includes both private and commercial properties.
Employers
Especially in industries with high risks of accidents, such as construction or manufacturing, employers may be liable for not adhering to safety standards or failing to provide necessary protective equipment.
Product Manufacturers
Companies that produce and distribute defective products, such as faulty helmets or equipment, which fail to protect the user during an accident, potentially leading to brain injuries.
Healthcare Providers
In cases where brain injuries result from medical malpractice, such as surgical errors or misdiagnoses, healthcare providers can be held liable.
Schools and Sporting Organizations
These entities may be liable for failing to enforce safety protocols during activities, leading to sports-related brain injuries.
Individuals Committing Acts of Violence
Perpetrators of violence, such as assault, can be held directly responsible for injuries sustained by the victim.
Understanding the role of each potentially liable party is crucial in brain injury cases, as it can significantly influence both the strategy for legal action and the potential for securing adequate compensation for the victim. An experienced brain injury lawyer at PhillyLaw Legal counsel specialized in brain injury law can offer indispensable guidance through the complex process of identifying all liable parties and pursuing claims against them in the state of Pennsylvania.
Potential Damages Available in Pennsylvania Brain Injury Cases
In brain injury cases in Pennsylvania, the damages awarded to the victim or their family can cover a broad spectrum, addressing both economic and non-economic losses.
Economic Damages
Economic damages are quantifiable monetary losses that include but are not limited to:
- Medical Expenses: This can encompass emergency treatment, surgeries, hospital stays, medications, rehabilitation, and any future medical care costs related to the brain injury.
- Lost Wages and Earning Capacity: Compensation might cover the income lost during recovery and, if the injury leads to long-term disability, the projected future earnings that the victim is unable to secure.
Non-Economic Damages
Non-economic damages, while not directly quantifiable in monetary terms, are nonetheless vital. They account for:
- Pain and Suffering: This covers the physical pain and emotional distress experienced due to the injury, including depression, anxiety, and loss of enjoyment of life.
- Loss of Consortium: In the case that a brain injury affects the victim’s relationships, compensation may be provided for the loss of companionship, affection, and support suffered by the spouse or family members.
Pennsylvania does not impose a cap on either economic or non-economic damages for personal injury cases, including those involving brain injuries. However, punitive damages, which are awarded to punish the defendant for particularly egregious behavior and to deter similar actions in the future, are capped at twice the amount of actual damages. Understanding the full extent of damages available is essential for victims and their families to ensure they receive the compensation necessary to support recovery and adapt to life post-injury.
PhillyLaw Will Help Brain Injury Victims and their Families Seek Recovery
PhillyLaw is steadfastly committed to assisting brain injury victims and their families throughout their recovery process. Our team recognizes the devastating impact a brain injury can have, not just on the victim, but on their loved ones as well. We understand that the path to recovery can be long, complex, and costly, encompassing more than just medical treatment. For this reason, PhillyLaw offers comprehensive legal support from a skilled brain injury lawyer who will aim to secure the full range of compensation victims deserve. Whether it means fighting for coverage of ongoing rehabilitation costs, ensuring access to psychological support, or obtaining compensation for lost wages and diminished quality of life, our dedicated attorneys are here every step of the way. With PhillyLaw, brain injury victims and their families are not alone; they have a passionate and knowledgeable ally to help them through this difficult time and towards a brighter future. Contact PhillyLaw today for a free consultation.