Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.
So much of what makes us individual humans originates in our brains. Our emotions, creativity, personalities, intelligence, and control of our bodies all depend to some extent on the successful functioning of our brains. Disruption to that functioning can lead to permanent, life-altering changes that could affect every aspect of a person’s existence.
If someone else’s negligence caused an accident that led to traumatic brain injury (TBI), an injured person could talk with a compassionate catastrophic injury lawyer about whether to seek monetary damages from the negligent party. Damages could help an injured person and their family adapt to the changes that a TBI brings and pay for the injured person’s care in the future.
Insurance companies could try to bully an injured person or their family into accepting less than the injury merits. A Washington, D.C. traumatic brain injury lawyer could push back against such tactics and negotiate for a fair settlement to ease the family’s transition into life after TBI.
TBIs happen when the brain hits the skull with force. Penetration injuries when a foreign object passes through the skull and into the brain also could cause a TBI.
Sometimes these injuries produce mild symptoms that clear up fairly rapidly, but the damage is cumulative. A minor TBI is a serious injury because it sets up more severe and long-lasting symptoms in subsequent TBIs.
The long-term effects of TBI could include insomnia, uncontrollable anger and agitation, seizures, cognitive decline, and psychiatric illnesses. People who suffer from severe TBI symptoms might be unable to care for themselves, hold a job, or fully engage in meaningful personal relationships.
TBI often is the result of accidents. Falls, motor vehicle crashes, sports injuries, and explosions are all leading causes of TBI. Many accidents arise from someone’s negligence. A slippery floor in a bank could lead to a fall, speeding through an intersection could cause a car crash, and a defective bicycle helmet could result in a cyclist’s fractured skull. In any of these cases, there might be grounds for an injured person to claim damages based on negligence.
Sometimes the defendant might assert that the injured person was negligent and that the plaintiff’s negligence contributed to their injury. Unfortunately, the law in Washington, D.C. bars a negligent plaintiff from receiving damages. An experienced attorney might seek evidence that absolves a plaintiff from responsibility and places the blame squarely on a negligent defendant.
Generally speaking, plaintiffs have three years from the date of their accident to seek damages for their injuries. Plaintiffs who fail to file a lawsuit within that period lose their right to bring the matter before a court.
Sometimes the effects of an injury do not immediately manifest. In such cases, a plaintiff must bring a lawsuit within three years of the date they learned of the injury or would have learned of it with reasonable diligence.
If a plaintiff alleges that a government’s negligence led to their injury, the Code of the District of Columbia §12-309 requires the plaintiff to file a notice of claim within six months of the accident that led to their injury. The city could be a potential defendant if the TBI resulted from a car crash involving a city-owned vehicle, a diving accident in a city-owned pool, or a fall at a municipal office building. A seasoned head injury attorney could determine whether the city is a likely defendant and ensure that any necessary notices are filed timely.
Coping with a TBI and adapting to the changes it brings can be overwhelming for many injured people and their families. They are not in the right frame of mind to negotiate with insurance companies from a position of strength.
It is wise to leave that task to a professional who has dedicated their career to getting satisfaction for severely injured people. Contact a Washington, D.C. traumatic brain injury lawyer as soon as possible after an accident, and get a strong advocate working for you.
Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.