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Attorney Sean T. Keith has been a personal injury lawyer for 30+ years, a nationally recognized Top 100 Trial Lawyer, and top car accident lawyer & motor vehicle accident lawyer in Arkansas.
This article has been written and reviewed for legal accuracy and clarity by the team of writers and attorneys at Keith Law Group and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Sean T. Keith, you can do so here.
Keith Law Group does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
The brain is one of the most vital body organs as it coordinates all bodily functions.
A traumatic brain injury is a severe and devastating injury resulting from trauma to the head.
A wide variety of accidents can cause it and in, some cases, they might be as a result of other people’s negligence. In such a scenario, it is prudent that you claim for compensation since your life might never be the same again after suffering from such an injury.
Our Rogers traumatic brain injury lawyers are here to help you with these types of claims.
These lawsuits are complex since they involve large amounts of money, and it is unadvisable to go into one without enlisting the services of a reliable attorney.
If you have suffered a brain injury call our personal injury lawyers in Rogers at (479) 326-7734 to learn how we can help.
When involved in an accident, most people tend to focus on external injuries that show physical symptoms. However, internal injuries are also common as a result of the impact, and these are hard to detect unless you have a qualified medical practitioner do the tests.
The signs and symptoms of TBI can be subtle, depending on the extent of the injury. However, the more the signs are ignored, the more they worsen, and they can appear until after days or weeks of the injury. However, if any of the symptoms occur suddenly or deteriorate over time following a TBI, ensure that you see a medical professional.
Traumatic brain injuries can be classified into various groups depending on what caused them.
These groups of classification include:
This is one where the scalp is broken and something penetrates it.
This injury happens when a foreign object, for instance, a bullet, goes through the skull and into the brain before damaging specific parts.
This damage mostly occurs along the route the foreign object travels after penetrating the skull.
This injury happens when an external force hits the head but does not break or penetrate the skull. It might happen, for example when the head hits the dashboard or windshield in a car accident. The damage is usually diffused and widespread across the brain.
Here, the brain is slammed against the skull due to a sudden deceleration motion. Damage depends on the impact and is mostly concentrated at the point the brain hits the skull.
This injury happens when a foreign chemical, for instance, a pesticide, lead, or carbon monoxide, finds its way into the brain and affects its normal functioning.
This is an injury that happens when the brain is deprived of oxygen, thus limiting its functioning. It can be caused by a heart attack or when you are involved in a water accident.
Some of the signs of a traumatic brain injury will manifest after a few weeks of the accident.
However, they will start appearing gradually as the injury becomes worse, and it is prudent to be wary of any strange sign, even if it is subtle.
Common signs and symptoms include:
If you are involved in an accident, no matter how minor, and suffer an injury to the head, ensure that you see a doctor as soon as possible. Some of these traumatic brain injuries are minor and can be treated if they are discovered early. However, if you ignore them, they can grow with time and affect the whole brain. By the time a doctor discovers such an injury and starts treating it, the damage might have already been done, and they might not be able to do much to correct the injury.
A doctor will assess the circumstances surrounding your accident and determine whether you should be tested to check for any brain injury. It is better to be safe than sorry and take all the necessary tests needed to assess the possibility of brain damage before it worsens and affects you significantly.
Owing to the impact of Traumatic Brain Injuries, the amount of compensation at stake is usually huge.
Because of this, the negligent party will try hard to nullify your claim and get away with the least amount of compensation.
They will hire the best lawyers who will shoot down your claim and even use unorthodox tactics to achieve their goal.
For that reason, it is essential to hire an experienced Traumatic Brain Injury Lawyer who will represent you and take on the defendant in a bid to ensure that you get the compensation you deserve.
We start by collecting the facts surrounding the accidents and process it into evidence for you to have a strong claim.
Note that in the state of Arkansas, the plaintiff has the burden of proof, and you need to show beyond doubt that the negligent party was responsible for the accident.
This involves gathering statements from the police, getting images of the accident scene, and asking for witness statements from anyone that might have seen the accident happen.
From here, the defendant’s party will try to settle the matter out of court by offering you a specific amount of money, which is mostly less than what you claimed.
Your lawyer will lead these negotiations as they try to hold up for an immense amount that will take care of all the losses you will suffer as a result of the accident.
They will do this while consulting you since, at times, it is better to settle for a reasonable amount in an out-of-court settlement rather than haggle in court for a larger amount that might take time.
However, if the amount offered is way below your claim amount, the lawyer will take the matter into litigation and prepare for a lawsuit.
Here, we will gather evidence and present it before a jury to try and convince them why you are eligible for the compensation amount you are holding up for.
We will represent you in court and take on the defendant’s lawyer to ensure that the jury gives a favorable ruling.
These cases are very intense and involve big players, a reason why you should consider working with the TBI lawyers in Rogers, Arkansas, at Keith Law Group.
Our team of lawyers has handled many traumatic brain injury cases before and understands all the methods needed to secure your compensation.
The total amount of compensation you will receive after suffering from a traumatic brain injury is broken down into three distinct types.
Economic damages are objective and can be proved using receipts and numbers. They cover things such as medical costs of treating the traumatic brain injury, future medical bills such as those for ongoing medical care, physical therapy, occupational therapy, and other forms of rehabilitation. They also cover lost wages when a traumatic brain injury renders you unfit to work.
Non-economic damages are subjective and cannot be supported by any financial evidence. They include pain and suffering following the accident, loss of consortium, and emotional distress. They also cover the impact on your loved ones.
Punitive damages are ones meant to punish the negligent party and are not awarded to compensate for any loss. They aim to deter them from engaging in negligent behavior in the future and are mostly awarded if the party in question acted very irresponsibly.
The statute of limitations in Arkansas states that you should file for a traumatic brain injury claim within three years of the date in which the accident happened. It is advisable to file for a claim as soon as possible when everything is all fresh rather than wait for the three-year period to elapse.
Traumatic brain injuries are devastating and do not put yourself in a position where you have to take on the defendant while you are recuperating from the impact of the injury.
You need to have the peace of mind to recover and get accustomed to the fact that you might be forced to change your life.
An experienced Arkansas Traumatic Brain Injury lawyer will be your guiding hand during this time as we will work hard to ensure that you are compensated.
We are well versed in the Arkansas laws that pertain to traumatic brain injuries and will quickly set up a strong claim proving that the other party was clearly negligent and should be held liable for the damages.
We will work with a team of investigators, professional doctors, and rehabilitation experts to ensure that you recuperate and get the compensation you deserve.
If you or your loved one suffers from a traumatic brain injury, look no further than our personal injury firm in Rogers.
Contact us at (479) 326-7734 for a free case assessment today.
5050 W Northgate Rd, #108 Rogers, AR 72758