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While not all head trauma sustained is necessarily severe, traumatic brain injuries may have detrimental effects on cognitive brain function. If you or a loved one suffered harm to your head or brain due to another person’s reckless or careless actions, you should consider speaking with a compassionate injury attorney. With guidance from a Bala Cynwyd traumatic brain injury lawyer, you could file a claim to recover damages from any liable parties.
A traumatic brain injury refers to a catastrophic cranial injury commonly due to the forceful collision of the head with a solid surface or object. While TBIs can occur under a variety of circumstances, they are most common in accidents involving falls and motor vehicle collisions.
Trauma to the head can also vary drastically in severity, ranging anywhere from a mild concussion to permanent brain damage. Although some incidents are more likely to cause severe traumatic brain injuries than others, harm from even a minor accident could cause extensive physical and psychological damage.
Several different kinds of head injuries could be classified as a traumatic brain injury. Some of the more common include:
Depending on the cause of the brain injury, a Bala Cynwyd lawyer would need to prove different elements to hold a defendant liable. Therefore, it is important to seek legal representation early to ensure the attorney has time to gather sufficient evidence.
In cases where an individual sustains a TBI due to someone else’s negligence, the negligent party could be held liable for the resulting damages. However, when an injured claimant contributed to their injury, they may be awarded a reduced damage award or unable to recover damages at all.
Pennsylvania is a modified comparative negligence state under 42 Pennsylvania Consolidated Statutes §7102(a). That means if a court finds that plaintiff contributed to their injuries, they may still be eligible for an award of damages so long as their percentage of fault does not surpass that of the defendant. However, there will be a reduction in their total award by their percentage of fault.
Under 42 Pa. C.S. §5524(2), an injured person suffering from a traumatic brain injury due to another’s negligence has two years from the time of the accident to file a claim against the negligent party to recover damages for their losses. A qualified local attorney could ensure a claimant suffering from a TBI files their civil claim before the deadline expires.
While preventing a traumatic brain injury may not always be possible, it may be possible for you to recuperate financial losses incurred as a result of the accident. With the extensive amount of physical and psychological trauma that a TBI could cause, as well as the substantial expenses and medical costs these injuries require for treatment and recovery, it is only fair that the party responsible for your injury’s to bear the financial burden.
Do not hesitate to speak with an experienced legal advocate about your case. Take the first step to taking legal action and schedule your complimentary consultation with a Bala Cynwyd traumatic brain injury lawyer.
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