Traumatic Brain Injuries affect over 1.5 million Americans every year. Yet despite better understanding of the nature of these injuries, doctors do not treat most of these victims. As a result, their injuries quickly get worse. Initial symptoms, like disorientation and mild headaches, become more serious. These serious symptoms include personality changes, nightmares, extremely painful headaches, and tinnitus (ringing in the ears).
TBIs are permanent. Dead brain cells do not regenerate. However, a combination of physical therapy and surgery reduces the symptoms, so these victims can carry on with their lives.
Due to the serious nature of these injuries, a Lexington personal injury attorney can normally obtain substantial compensation for these victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Since the economic losses alone in a brain injury case could exceed $50,000, there is a lot at stake.
A combination of slip-and-fall incidents and falls from a height are, by far, the most common cause of brain injuries in Kentucky. Frequently, the property owner is financially responsible for damages in these cases.
Liability attaches if the owner had a legal duty and the owner knew, or should have known, about the hazard which caused the fall.
Most fall victims are invitees. This category applies if the victim had permission to be on the land and the victim’s presence benefited the owner, either economically or noneconomically. So, almost all invited guests, whether they are shoppers or social guests, and invitees. In these situations, the owner has a duty of care to keep the property reasonably safe.
Common fall-causing hazards include uneven walkways, loose flooring, and wet spots. Direct evidence of actual knowledge includes restroom cleaning reports and “cleanup on aisle one” grocery store announcements. As for circumstantial evidence of constructive knowledge (should have known), the longer the hazard existed, the more likely it is that the owner should have known about it and should have addressed it.
Side curtain airbags and other safety innovations have made today’s motor vehicles much safer than the ones on the road a few decades ago. Nevertheless, even the most advanced restraint system can only absorb so much force. And, for the most part, today’s vehicles are also bigger and faster than the ones driven in the thrilling days of yesteryear.
Tortfeasors (negligent drivers) are legally responsible for damages if they violated the duty of care and caused a wreck. Common breaches of duty include driving while fatigued, distracted, or under the influence of alcohol or drugs. Negligence per se could apply as well. Tortfeasors could be legally responsible for damages as a matter of law if they violate a safety law, like the speed limit law, and cause a wreck.
Most people do not know that property owners are also legally responsible for assaults, at least in most cases. As mentioned, property owners usually have a duty of care to keep people reasonably safe. This duty includes providing adequate security. If a security defect, like a burned-out light, substantially caused an assault, the property owner could be financially responsible for damages.
These claims require an extra step. Victim/plaintiffs must prove that the assault was foreseeable, or possible. Evidence of foreseeability includes prior similar incidents at that location, the neighborhood’s reputation as a high crime area, the type of establishment (liquor stores are much more likely robbery targets than flower shops), and prior similar incidents in the area.
Among children under 4, child abuse is the most common brain injury cause. Obviously, children cannot sue their parents for damages. So, these cases usually involve some complex rules regarding the statute of limitations.
Normally, victims lose their right to file legal actions after two years elapse. However in most cases, if a minor sustains a physical injury, the statute of limitations does not begin running until the child turns 18. Furthermore, the discovery rule often applies in these cases. Victims need not file claims until they know the full extent of their damages, which in this case is the full extent of their head injuries, and they connect their injuries to the defendant’s misconduct.
Doctors sometimes call TBIs the signature injuries of the Iraq and Afghanistan Wars. A significant number of these TBI victims sustained no serious physical injuries.
Scientists recently learned that explosive blasts create shock waves which disrupt brain functions. As a result, many people who work near construction sites or hear other sudden, loud noises could sustain brain injuries without knowing it.
Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. Lawyers can connect victims with doctors, even if they have no insurance or money. #goodelawyers