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When the skull suffers blunt force trauma or is penetrated by a foreign object, a traumatic brain injury (TBI) results. TBIs often result in permanent harm that has a devastating impact on the person’s quality of life.
If another person’s negligence caused you to suffer a traumatic brain injury, you could seek monetary damages with the help of an experienced injury attorney. A Philadelphia traumatic brain injury lawyer could review your case and answer any questions you may have.
Depending on what caused the TBI, there could be numerous responsible parties. Falls, sports injuries, and vehicle collisions are among the most common accidents that could result in traumatic brain damage. Medical malpractice may also be a factor if healthcare professionals mishandled or misdiagnosed the injury. Identifying potentially negligent parties and analyzing the law that applies in a particular case is a critical first step that requires the help of a knowledgeable TBI attorney in Philadelphia.
For example, if someone falls on property owned by someone else and suffers head trauma, then the case falls under premises liability law. Under premises liability, the reason for the injured person’s presence on the property determines the extent of the owner’s obligations to keep the property safe. If a sporting accident leads to a TBI, liability may rest with the owner or operator of the facility where the injury occurred, the league managing an organized sports program, equipment or apparatus manufacturers, or others.
Brain injuries that result from a vehicle accident, may have to prove the negligence of another driver, their employer, an automobile manufacturer, or a commercial transportation company. If road conditions were a factor, the blame might rest with the Commonwealth or other government entity.
Damages compensate a victim for losses they incur because of the injury. Many injured people seek damages to recoup medical expenses, lost wages, costs of adapting a home or vehicle to accommodate an injury, and other out-of-pocket expenses. Future financial burdens related to the injury also could be part of a damages claim.
However, not all of the costs associated with a TBI are tangible. Pain and suffering, lost opportunities, loss of companionship and diminished enjoyment of life are all intangible losses that could be financially compensated. A seasoned Philadelphia lawyer could persuade a judge or jury to award monetary damages that might help someone suffering from a traumatic brain injury recover losses.
Many states put a cap on the amount of damages an injured person might receive, but Pennsylvania does not, except when the negligent party is the Commonwealth itself or another government entity. 42 Pennsylvania Consolidated States Annotated §8528(b) limits the amount the Commonwealth will pay to $250,000 per plaintiff and $1,000,000 per incident.
Recovering from a severe head injury can be an excruciating process for the injured person and their family and can change every aspect of their life permanently. Unfortunately, this often results in people failing to file a civil claim on time.
Pennsylvania allows an accident victim only two years to bring a lawsuit. Therefore, you should not hesitate to speak with a Philadelphia traumatic brain injury lawyer right away. A trustworthy attorney could provide much-needed guidance during this difficult time.
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