Living with the fallout of a brain injury can be devastating. Many victims can experience significant alterations in their lifestyle and health.
Fortunately, you can recover compensation from the person that injured you. No matter the type of brain injury you sustained, you will likely need medical care. In some cases, victims might need lifelong treatment. Depending on your situation, you could be entitled to a wide range of damages. In the worst cases, punitive damages can also be claimed in your lawsuit.
If you suffered a brain injury because of someone else’s negligence, our brain injury attorneys can help you get justice for your injuries. For a free case review, contact Howe Law at (844) 876-4357.
Common Examples of Brain Injuries in Knoxville, TN
It cannot be understated how devastating brain injuries can be and their effects on a person’s life. There are numerous signs and symptoms of brain injuries, and you should seek medical treatment immediately if you sustain an injury to your head.
While still quite serious, concussions are probably the most common and manageable type of brain injury. Concussions often occur in accidents where the force causes the brain to hit the inside of the skull. Concussions symptoms can get severe if left untreated. In some cases, concussion victims can go into a coma if their injuries are not properly treated.
Brain hemorrhages are also a common brain injuries that can have lasting damage. Brain hemorrhages occur when the arteries in the brain burst during an accident, causing internal bleeding in the skull that kills brain cells and can cause death. These injuries are extremely hazardous and can occur in even minor accidents.
Hypoxic and anoxic brain injuries are severe injuries that do not typically result from a violent head injury. When the brain only gets a limited supply of oxygen, it becomes hypoxic. This could occur during an accident or when a patient is put under for a surgical operation. If the brain is completely cut from getting oxygen, it will go anoxic. Even a short amount of time without oxygen going to the brain can have devastating and long-lasting consequences.
Hydrocephalus is another common brain injury that victims can suffer in an accident. This injury involves the buildup of fluid inside the victim’s skull. Some victims might not know they have hydrocephalus until symptoms like nausea, headaches, confusion, and other bodily pain make themselves known. It is critical to get medical care as these injuries can cause permanent brain damage.
Brain injuries are rightly feared for the long-term disabilities they can cause. Victims often face problems speaking, walking, and with other issues. Victims often experience memory loss and confusion, making it impossible to return to their previous way of life. Our brain injury attorneys can help you recover compensation no matter the type of brain injuries you sustained.
Damages that Can be Claimed for Brain Injuries in Knoxville, TN
When another person causes an accident in which you suffered brain injuries, you deserve to recover your losses. These losses can be separated into economic and non-economic losses. However, punitive damages can also be claimed for cases involving egregious conduct on the part of the defendant. Our brain injury lawyers can assess your case to ensure you claim all the damages you are entitled to.
Considering the last effects some brain injuries can have, it is no surprise that a victim’s economic damages can be extremely high. Economic damages are intended to compensate you for your financial losses from medical care and missed time at work. Not only can you claim the medical costs you have already expended, but you can also recover future medical costs your injuries are projected to require. This could be high since treatment could be for life.
Brain injuries often prevent victims from returning to work or returning to the same type of work they did before being injured. Fortunately, you can claim your lost income, as well as the loss of earnings capacity your injuries have caused. If you had other out-of-pocket expenditures while treating your injuries, like fuel costs to visit appointments or childcare, those too can be claimed in your lawsuit.
Non-economic damages can be more difficult to prove since they typically do not have a dollar amount attached to them. These damages compensate you for your brain injuries’ effects on your life. This includes physical pain, emotional distress, humiliation, and a loss in the enjoyment of life, as you might not be able to partake in your regular activities after suffering a brain injury. Unfortunately, Tennessee caps the amount of non-economic damages victims can be awarded. Under T.C.A. § 29-39-102, non-economic damages are capped at $750,000, meaning this is the total amount you could recover for your pain and suffering.
If your brain injuries were caused by outrageous or egregious behavior, you could be entitled to punitive damages. Punitive damages are not meant to compensate a victim for their injuries but to punish a defendant for their behavior. Not only does this operate as a punishment mechanism, but it is also meant to deter future parties from displaying similar behavior. Like non-economic damages, though, Tennessee also caps the amount of punitive damages a plaintiff can be awarded. According to T.C.A. § 29-39-104, punitive damages are limited to either two times the total amount of economic and non-economic damages awarded, $500,000, whichever is greater. Our brain injury attorneys can help calculate your damages and fight for punitive damages if the situation calls for it.
Time Limit to File a Lawsuit After Suffering a Brain Injury in Knoxville, TN
It is important to get your brain injury lawsuit started as quickly as possible in Tennessee. Under T.C.A. § 28-3-104, you will only have one year from the date of your injuries to file a lawsuit against a negligent party in Knoxville. Brain injury cases are often complex cases. The evidence needed to prove your injuries and the extent of your damages takes time to collect. It is critical to gather your records as quickly as possible as there can be a great deal of medical documentation in a brain injury case. Our brain injury attorneys will aggressively gather your evidence so that your claim is filed on time.
Our Knoxville, TN Brain Injury Attorneys Can Help
If you or a loved one has experienced a brain injury, our brain injury attorneys can help you sue for the financial compensation you deserve. Call Howe Law today at (844) 876-4357 for a free case evaluation.