Serving clients in Fayetteville and all of NW Arkansas
Traumatic brain injuries, also called TBI, are among the most devastating and life-altering injuries any victim can ever be faced with. TBI can impact every single aspect of a person’s life, inflicting mental, emotional, and physical health issues at the same time the victim is burdened with enormous medical bills and time missed from work. In very serious cases, these injuries can cause complete paralysis, require the victim to hire a full-time caregiver, or even lead to wrongful death.
If you or one of your loved ones sustained a brain injury because of another person’s careless, reckless, or downright illegal decisions, you deserve to have the accident investigated by a skilled and experienced attorney. Rogers personal injury lawyer Ken Kieklak has nearly 20 years of experience handling even highly complex TBI cases, and is prepared to fight aggressively to pursue maximum compensation on you and your family’s behalf.
Let Ken handle the legal work, so that you can focus on spending time with your loved ones and recovering from the accident. To set up a completely free and confidential legal consultation, call Ken right away at (479) 439-1843.
Liability for Traumatic Brain Injury Accidents
The CDC identifies the following leading causes of TBI cases documented from 2006 through 2010:
- Falls — 40.5%
- Object Strikes — 15.5%
- Auto Accidents — 14.3%
- Assaults — 10.7%
The remaining 19% of documented injuries were attributed to either miscellaneous or unknown causes.
The leading causes identified by the CDC are significant for wrongful death and personal injury plaintiffs, because many of these accident types often involve some degree of liability.
For example, the CDC notes that falls are the number one leading cause of traumatic brain injuries. While some falls are purely accidental, in many other cases slip and fall accidents are caused by hazardous property conditions, such as:
- Broken and unstable floorboards and hand railings.
- Loose carpets which haven’t been nailed down properly.
- Unsecured wires and cables.
The area of personal injury law that deals with deaths and injuries caused by dangerous buildings or property hazards is called premises liability. Premises liability holds that if a property owner is negligent, or fails to take reasonable precautions against known or foreseeable hazards, he or she may be considered legally and financially responsible for any resulting accidents.
Auto accidents, including truck and motorcycle accidents, also tend to involve liability. For example, if you or your loved one’s accident was caused by a speeding, reckless, distracted, or intoxicated driver, he or she may be held responsible for compensation due to violating road safety laws. Commercial truckers who cause accidents by falling asleep at the wheel, which is sometimes called “trucker fatigue,” may also be liable for violations of federal safety regulations on the trucking industry.
Unlike many other jurisdictions, Arkansas does not limit or “cap” the money or “damages” which may be awarded to plaintiffs. However, a law called the statute of limitations imposes a strict three-year deadline on legal claims. In most situations, if you do not bring a claim within three years of the injury or death, you will permanently lose your opportunity to further pursue the matter in court.
Common Medical Problems Caused by TBI
Serious brain injuries can lead to a host of severe mental, psychological, and physical health issues. Depending on variables like the area of the brain which was injured, and the extent of the physical damage, victims often have to make major changes to all areas of their lives. They may have to leave their job, change their career, apply for disability benefits, remodel their home for better handicap access, and hire caregivers and other in-home services to provide support.
In turn, these changes can also affect the victim’s family members and loved ones. For example, if the victim was the main or sole earner for the household, the entire family is now faced with extreme financial hardship.
Common health issues caused by TBI include but are not limited to the following:
- Blindness or vision loss.
- Deafness or hearing loss.
- Difficulty forming memories and processing new information.
- Difficulty speaking and communicating clearly.
- Loss of fine motor control, such as the ability to write with a pen or turn a door handle.
- Paralysis, which may be restricted to a small area or may affect the entire body.
- Persistent headaches and chronic pain.
- Persistent fatigue, excessive sleeping patterns, or chronic insomnia.
- Reduced or lost sense of physical sensations, such as perception of temperature.
- Urinary incontinence.
Contact Ken Kieklak, Rogers Traumatic Brain Injury Attorney Today
If you or someone you love is living with TBI in Rogers, you may be able to recover significant financial compensation. Traumatic brain injury lawyer Ken Kieklak can investigate the accident and help you explore your legal options. To start discussing your situation in a free and private case evaluation, call Ken at (479) 439-1843 today.
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