Serving clients in Fayetteville and all of NW Arkansas
Few injuries could be more physically, mentally, emotionally, or financially devastating than a traumatic brain injury or TBI. If someone you love suffered one of these injuries after being involved in an accident, the party at fault may be liable for compensating you for your suffering, hardships, and losses. Compensation cannot turn back the hands of time to undo the accident, but it can help to cover your medical bills, make up for lost income, and keep you and your loved ones more comfortable as you adjust during this challenging time.
Let Springdale personal injury attorney Ken Kieklak handle the legal work, so that you can focus on healing and recovery. Ken has nearly two decades of experience working on a wide variety of injury claims and wrongful death lawsuits, and is dedicated to fighting aggressively on behalf of Springdale accident victims and survivors. He will guide you through every step of the legal process, protect your rights, and push hard for the greatest compensation possible.
To set up a completely free and confidential case evaluation with Ken, call right away at (479) 251-7767.
TBI Causes and Liability for Accidents
There are many different actions and accidents which can lead to serious head injuries, ranging from medical malpractice, to sports injuries, to accidents involving defective products. Using data from 2006 through 2010, the CDC (Centers for Disease Control and Prevention) has identified the five leading causes of TBI as follows:
- #1 — Falls (40.5%)
- #2 — Unknown/Other (19%)
- #3 — Object Strikes (15.5%)
- #4 — Motor Vehicle Accidents (14.3%)
- #5 — Assault (10.7%)
This is important for TBI accident victims because four out of five of these leading causes, excluding cases with unknown causes, usually involve some degree of liability.
For example, some of the falls which cause TBI specifically involve slip and fall accidents. Sometimes slip and fall is purely accidental, but in many cases can be traced back to a negligent property owner who fails to fix property hazards like loose wires, broken stairs, or poor lighting in stairwells. Under an area of law called premises liability, property owners are responsible for following building code and keeping their properties reasonably safe for the general public.
To use another example, about 15% of cases were caused by traffic accidents, such as motorcycle accidents or truck accidents. Many auto accidents are the direct result of careless driving which violates traffic laws. If the motorist who caused your accident was distracted by text messages, was driving while intoxicated, was driving recklessly, or disobeying other road rules, he or she may be considered responsible for resulting deaths or injuries, including property damage.
Depending on the circumstances of your accident, such as those described above, a company or individual may be responsible for compensating your injuries or your loved one’s passing. Even if you aren’t sure whether you have a case, it’s important to contact an attorney sooner rather than later. If you wait for too long, you could miss a crucial deadline called the statute of limitations, and will be unable to proceed with your claim.
Common Effects of Traumatic Brain Injuries
Traumatic brain injuries can impact the entire body, including cognitive functioning and even the person’s fundamental personality traits. Depending on variables like the severity of the injury, the area of the brain which was injured, and the person’s underlying health issues, the effects of TBI can include, but are not limited to:
- Balance Issues
- Chronic Pain
- Hearing Loss
- Intellectual Disability
- Loss of Sensation
- Slurred Speech
- Urinary Incontinence
- Vision Loss
These medical effects are devastating enough on their own; but unfortunately, they often cause other problems in addition to severe physical pain and emotional distress. For example, if a brain injury results in the victim becoming paralyzed, then he or she might have to:
- Leave their job or even end their professional career.
- File for disability benefits.
- Hire a caregiver to assist with daily household tasks, like cleaning and cooking.
- Make costly upgrades to their home, such as building ramps or lowering counters, to make it wheelchair accessible.
- Give up fulfilling hobbies and even personal relationships.
- Start paying a babysitter or daycare to watch minor children and young relatives.
- Start seeing a therapist to work through depression, anger, anxiety, or PTSD (Post-Traumatic Stress Disorder) tied to the accident or lifestyle changes.
- Start seeing a physical therapist to help improve mobility and muscle strength.
These injuries do not simply affect a single limb, organ, function, or even individual — they affect every aspect of not only the victim’s daily life, but also the lives of their loved ones and family members.
Contact a Springdale Traumatic Brain Injury Attorney Today
If you or someone you love was in an accident that caused TBI, or if your loved one passed away from their injuries, you deserve to have the matter thoroughly investigated by an experienced attorney. To start discussing your options in a free and private legal consultation, call TBI lawyer Ken Kieklak at (479) 251-7767 today.
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