PHILADELPHIA Brain Injury ATTORNEY
Our Philadelphia Catastrophic Injury Lawyer Fights for the Rights and Interests of Injured Victims
The brain is one of the most important organs in the human body, so you can expect that trauma from any kind of accident could lead to severe, catastrophic injuries. The US Centers for Disease Control and Prevention (CDC) reports that almost 64,500 people die and another 223,000 victims are hospitalized because of traumatic brain injury (TBI), concussion, and related head injuries every year. That amounts to 611 hospital stays and 176 fatalities from brain injuries every day. Many of these incidents are preventable and only occur because of carelessness, so it is reassuring to know that Pennsylvania laws provide legal remedies for victims and their families.
However, the legal process for recovering compensation for brain injury losses is challenging. The laws, statutes, and court procedural rules are complicated, so retaining skilled counsel is essential. You can count on Quinn Injury Lawyers to protect your rights, as our core practice area is representing victims in all types of accidents. Please contact our firm today to schedule a free case review with a Philadelphia brain injury attorney who can explain the details. You can also read on for some important information about legal concepts. With an office in Philadelphia and an office in Cherry Hills, we provide free, no-obligation consultations in traumatic brain injury claims.
Suspected Brain Injuries Require Immediate Medical Attention
Suspected brain injuries are a serious matter. Any signs or symptoms that suggest a concussion or traumatic brain injury (TBI) should be immediately followed up on. A challenging factor is that many brain injuries occur with a delayed onset—meaning the victim may actually feel worse 24, 48, or 72 hours after the accident. Early diagnosis and treatment can help prevent further damage and ensure prompt recovery. Another important reason to seek prompt medical attention is that it is a required step in the personal injury claim process. If the injury was caused by the negligence of another party, you or your loved one may be entitled to financial compensation.
Know the Signs and Symptoms of a Brain Injury
Brain injuries are complicated. How exactly a concussion or TBI will manifest itself depends on a wide range of different factors, including the severity of the impact and the specific part of the brain that was affected. The signs of a concussion or traumatic brain injury (TBI) can range from mild to severe. Some of the most common symptoms include:
- Dizziness or lightheadedness
- Nausea or vomiting
- Fatigue or drowsiness
- Difficulty concentrating or remembering
- Sensitivity to light or noise
- Blurred vision
- Sleep disturbances
- Mood changes or irritability
- Loss of consciousness
Common Causes of Brain Injuries
Trauma to the head can lead the brain to shift and move inside the skull, coming into contact with solid bone material. This damage to the brain can affect how it functions, ranging from a minor concussion to a serious TBI. Brain trauma is typically the result of a violent blow or penetrating injury, both of which are common in accidents. Victims often suffer brain injury from:
- Car accidents.
- Truck collisions can lead to devastating damage because of the size difference between vehicles.
- Motorcycle crashes, even when wearing a helmet.
- Pedestrian and bicycle accidents, usually involve a secondary impact when the victim hits the ground.
- Slip and falls, trips, and other accidents occur because a property owner failed to properly maintain the premises.
- Medical malpractice.
- Workplace accidents, particularly in construction and industrial settings.
Though the specific causes behind brain injuries may vary, they usually happen because of negligence. To recover monetary damages, you must be able to prove that you were hurt because the at-fault party failed to exercise reasonable care.
How to Prove Liability in a Traumatic Brain Injury Claim?
Proving liability in a traumatic brain injury (TBI) claim is complicated. In both Pennsylvania and New Jersey, the fault is typically negligence. To establish negligence, it must be proven that the defendant had a duty to the plaintiff, breached that duty, and caused the plaintiff’s injury. The facts and circumstances of each TBI case are unique, so proving negligence is done on a case-specific basis. In order to build a strong brain injury case, a thorough investigation is needed.
Defendants and insurance companies waste little time in building a defense. You do not want to fall behind in the claims process. It is imperative that you consult with a qualified Philadelphia personal injury lawyer right away after you or a family member has sustained a traumatic brain injury. Your attorney can answer your questions, launch a prompt investigation, build a case, handle settlement negotiations with insurers, and, if needed, take your claim to court.
Compensation for TBI Victims
In both Pennsylvania and New Jersey, injured victims can pursue compensation for economic and intangible damages from the at-fault party. Indeed, the point of a personal injury case is to make the victim whole after an accident, as the complications and consequences of brain injuries can be significant. In a successful claim, you may qualify to recover two types of compensation:
- Economic damages are the pecuniary, tangible losses that you sustain because of brain injuries. Examples include medical costs for emergency care, surgery, hospitalization, pain medications, and related expenses for treatment. If you were unable to work because of TBI, you may also qualify for lost wages.
- Noneconomic damages are not measurable in terms of dollar value, but you certainly sustain losses from a diminished quality of life. In this category of compensation, you may be eligible for pain and suffering, emotional distress, scarring and disfigurement, and many others.
A severe concussion or TBI may be a catastrophic injury. The victim could be left with long-term medical needs and even permanent physical or psychological impairments. It is crucial that these types of complex damages are fully accounted for as part of any settlement or verdict. Our Philadelphia brain injury lawyer works tirelessly to help clients maximize their financial recovery.
Steps in the Legal Process
Motorists, homeowners, professionals, and businesses carry liability insurance for accident coverage, so the first step is filing a claim with the at-fault party’s insurance company. It may be possible to settle, but keep in mind that insurers are for-profit businesses. Paying your claim is a loss for the company, so you could receive a denial or lowball counteroffer. If the insurance company refuses to pay a fair amount, the next step is suing in court.
Our Philadelphia brain injury lawyers at Quinn Injury Lawyers will tackle all legal tasks required to ensure you receive the monetary damages you deserve under Pennsylvania law. We are prepared to:
- Investigate the scene of the accident and surrounding circumstances to gather evidence.
- Review your medical records on diagnosis, treatment, and prognosis for your brain injuries.
- Prepare all forms to file an insurance claim and submit them with supporting paperwork.
- Negotiate options with the insurance company to settle your claim out of court.
- Draft the complaint and represent you throughout the litigation process.
Traumatic Brain Injury Claims: Frequently Asked Questions (FAQs)
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury (TBI) is a type of injury to the brain that is most often caused by sudden trauma, such as a blow to the head or a penetrating head injury. TBI can result in a wide range of symptoms and can have a significant impact on a person’s life. They require medical attention.
What is the Statute of Limitations for a Brain Injury Claim?
The statute of limitations for a brain injury depends on a number of factors, including the specific cause of action and the jurisdiction. That being said, most TBI claims in Pennsylvania and New Jersey are subject to a two-year statute of limitations. Be proactive: You should consult with a Philadelphia brain injury lawyer as soon as possible after a serious accident.
How Much is My Brain Injury Claim Worth?
The value of a traumatic brain injury (TBI) claim can vary greatly and depends on many factors, including the extent of the injury, the impact on the person’s life, whether any party can be held liable, and the liable party’s ability to pay. You have the right to pursue compensation for both economic damages (medical bills, lost wages, etc) and non-economic damages (pain and suffering, disability, etc).
We Handle Brain Injury Claims On a Contingency Fee Basis
Following a serious accident, it is normal to have a lot of questions about what to do next. You may be worried about the potential cost of obtaining legal representation. The good news is that with the Quinn Injury Lawyers, you can always afford to hire a top-rated personal injury lawyer for a brain injury claim. We represent victims and families on a contingency fee basis. There are no upfront costs or out-of-pocket expenses. Our firm does not collect legal fees unless you get compensation.
Consult with a Philadelphia Brain Injury Attorney About Legal Options
As you can see from this overview, the laws and legal requirements for recovering monetary damages are complex. You put your rights at risk unless you have experienced representation, so please contact Quinn Injury Lawyers to learn how we can assist with your case. You can schedule a no-cost consultation with a Pennsylvania brain injury lawyer by calling (215) 360-3666 or visiting us online. From our Philadelphia office, we handle TBI and concussion cases throughout the region.
“Sean is a trial attorney who holds himself to the highest standards for every case and client he works for. I have experience working with hundreds of lawyers and Sean goes above and beyond normal expectations. Clients are lucky to have someone as dedicated and talented as Sean to represent them in court.”