Brain Injury/TBI Lawyers in Montgomery, Alabama
The brain is one of the body’s most precious and vital organs, yet also one of the most fragile. While the brain is protected by the skull, which is thick and strong, trauma to the brain can cause lasting injury. For traumatic brain injury victims in Alabama whose injuries were caused by the fault of another party, there is reason to hope: by filing a personal injury claim, you may be able to hold the at-fault party liable and recover monetary compensation for your present and future losses.
At the office of Frank Wilson, Attorney at Law, our Alabama traumatic brain injury attorney can help. Please call us today to schedule your free consultation.
Types of Traumatic Brain Injuries
No two traumatic brain injuries (TBIs) are alike, but TBIs do fall into one of the following categories:
- Concussion. A concussion is a type of TBI that results from a blow to the head. Concussions can range in seriousness from mild to severe.
- Contusion. A contusion brain injury refers to a brain on the brain. Often leading to bleeding and swelling, contusions can be caused by force (i.e. impact to the head) or from medical conditions or the use of certain medications.
- Penetration TBI. If an object penetrates the skull and the brain, then the TBI is called a penetrating injury. A knife or bullet wound to the head is a type of penetration injury.
- Diffuse axonal brain injury. A diffuse axonal injury occurs when the brain’s axons (long connecting nerve fibers) are torn. This can happen when the head is shaken or exposed to rotational forces.
- Coup-contrecoup injury. When the head is hit with force, the brain may suffer impact and damage on the side at which the head was hit. If enough force is involved, though, the brain may also bounce off the wall of the skull on the direct opposite side of impact, leading to damage on that side of the brain as well. The bruising that occurs on the opposite side of impact is called a contrecoup lesion.
- Hypoxic/anoxic brain injuries. When the brain is deprived of oxygen or does not receive enough oxygen, such as could be the case in a near-drowning accident, a hypoxic/anoxic brain injury results.
Effects of a Traumatic Brain Injury
The effects of a traumatic brain injury vary widely depending on the type of brain injury, the amount of force involved, and the individual person; all brains are unique and one person may experience completely different side effects even when the injury type is similar.
A brain injury can result in cognitive, motor, perceptual/sensory, communication and language, functional, and social deficits, as well as what’s known as “regulatory disturbances” (fatigue, headache, etc.) and personality or psychiatric changes. For example, common effects of a traumatic brain injury include, but are not limited to:
- Memory problems;
- Poor coordination;
- Trouble swallowing;
- Loss of sensation in some body parts;
- Changes in hearing, vision, taste, and smell;
- Vision problems;
- Difficulty speaking or/and understanding speech;
- Trouble identifying different objects;
- Inability to drive a car;
- Challenges in making or keeping friends;
- Difficulty understand social nuances;
- Anxiety; and
- Seizures (traumatic epilepsy).
Common Causes of Traumatic Brain Injuries
Brain injuries occur when the head is hit with an object, punctured with an object, shaken or exposed to rotational forces, or when the brain is deprived of oxygen. Common types of accidents and situations that can result in a traumatic brain injury include:
- Motor vehicle accidents;
- Commercial vehicle accidents;
- Motorcycle accidents;
- Bicycle accidents;
- Pedestrian accidents;
- Slip and fall accidents;
- Medical malpractice;
- Boating accidents;
- Workplace accidents;
- Drowning/near-drowning accidents;
- Sports accidents;
- Defective products accidents; and
- Assault and other violent crimes.
When a person suffers a traumatic brain injury, they can bring forth a claim for damages against the at-fault party if they can prove that the defendant breached the duty of care owed to them by acting negligently, and that the breach was the proximate cause of their TBI and related damages.
If a plaintiff can prove the defendant’s liability, they can seek compensation from the defendant for the full value of their losses, including compensation for their medical bills, lost wages, future medical costs, loss of earning capacity, property damage expenses, and noneconomic losses such as pain, suffering, and emotional distress.
Pure Contributory Negligence in a TBI Case
In most states, a victim of an accident can hold the defendant liable and seek compensation for their losses even if the victim contributed to their own injuries in part. Unfortunately, this is not the case in Alabama, which maintains a pure contributory negligence rule. Under this rule, if a plaintiff is found to be partially to blame for their injuries, even a mere one percent, they will be barred from recovery.
This strict rule can make it difficult to win a traumatic brain injury case, and it is one of the primary reasons why it’s so important to work with a skilled attorney who not only knows the law, but also knows how to thoroughly investigate and build a case.
Call Frank Wilson, Attorney at Law Today for Your Free Consultation
If you or a loved one has suffered a traumatic brain injury as a result of another party’s negligence, life may never look the same. Frank Wilson, Attorney at Law, believes that you deserve to be compensated for your losses. When you hire our Alabama firm, we’ll work hard to investigate your case, prove liability, calculate your damages, and get you a settlement that’s fair.
We work on a contingency fee basis and always offers free initial consultations. To learn more about what to do if you’ve suffered a TBI and what your rights are, please schedule your free consultation by calling our law office, visiting us in person, or sending us a message using the intake form on our website. We are here to advocate for you.