Traumatic Brain Injury Attorneys in Birmingham
Helping injury victims recover the compensation they need
The brain is the most complex organ in the body, and it is more powerful than even the most advanced computers on earth. Our brains weigh only about three pounds, but they are made up of billions of nerve cells (also known as neurons) and other types of cells that are protected by our skull. The brain controls thinking, understanding, speaking, hearing, vision, muscle movements, balance, coordination, and numerous other functions, and it is the source of most of the attributes that make up who we are.
It is impossible to overstate the importance of our brains, which is why brain injuries can be among the most devastating that individuals suffer. A traumatic brain injury (TBI) can happen from a bump, jolt, or blow to the head. The skull is there to protect the brain from injury, and it is very strong. The skull is not invincible, however, and when a blow to the head is severe enough, a TBI can result from it.
Traumatic brain injuries are unique in that they manifest themselves differently with each individual case. Some cases are more minor, lasting just a few days or a week or so. While the in other cases, the symptoms are more severe and they can go on for months, years, or even a lifetime. One victim may have a concussion and heal within days without medical care. Another may suffer a more severe TBI that takes away their ability to speak and renders them paralyzed.
The outcome of a traumatic brain injury depends largely on the individual. The brain is very plastic, which means it can adapt to changes in circumstances by creating new neuronal connections. A brain with higher plasticity will recover from a TBI more quickly than a brain with lower plasticity. Important factors include age, overall health, and speed of treatment.
One important factor in a TBI is its location. Damage to the prefrontal cortex, which affects self-control and decision-making, could leave a victim impulsive and prone to inappropriate comments. This could easily make it impossible for a victim to continue working in a professional environment.
If you or a loved one has suffered a TBI because of someone else’s negligence or reckless actions, you may be eligible for compensation. These types of cases can be quite complicated, however, and it is always best to speak with an experienced traumatic brain injury lawyer as soon as possible, so you fully understand your rights and legal options.
At Mann & Potter, PC, we understand the physical, emotional, and financial toll traumatic brain injuries take on injury victims and their families, and we are here to provide strong legal guidance and moral support during this difficult time. Since 1997, our lawyers have successfully represented countless individuals in Alabama who have suffered injury through no fault of their own. We have in-depth knowledge of Alabama personal injury law, and we have the experience, skills, resources, and commitment to help ensure that our clients obtain maximum compensation for their injuries, and that all parties responsible are held fully accountable.
How do Traumatic Brain Injuries Happen?
TBI is a contributing factor in the deaths of over 50,000 Americans each year. In addition, 80,000 to 90,000 individuals experience the onset of a TBI-related disability. Overall, approximately 30% of all injury-related fatalities are attributable to this condition.
There are numerous types of accidents and events that can result in a traumatic brain injury. Some of the leading causes include:
- Falls: Slips, trips, and falls are the leading cause of TBI, accounting for almost half of all cases. This typically happens when someone falls head-first, or their head is slammed against the pavement or another hard surface during a fall. Traumatic brain injuries from falls are particularly common among younger children, individuals with disabilities, and the elderly.
- Being Struck by/Struck Against Events: The second leading cause of TBI is getting struck by a hard object or being thrown against a hard object or surface. Struck by/struck against events happen frequently in certain workplaces, particularly those where manual and/or repetitive work is performed in a fast-paced environment.
- Motor Vehicle Accidents: Motor vehicle accidents and other traffic-related incidents are the third leading cause of traumatic brain injuries. Higher impact crashes present a greater risk of TBI as these types of collisions typically cause the head to be thrown violently back and forth, or to be thrown into a hard surface, such as the dashboard or steering wheel. Motorcyclists, bicyclists, and pedestrians are also at greater risk for TBI because they have far less protection than vehicle occupants when they are involved in a traffic accident.
- Acts of Violence: Various forms of violence make up the fourth leading cause of traumatic brain injury. This may include domestic violence, assault, and self-inflicted wounds. Children ages four and under are especially vulnerable to TBI from violence.
- Other Events: Some of the other ways traumatic brain injuries can happen include birth injuries (often because of medical malpractice), high impact sports (such as football and boxing), extreme sports (such as cliff diving), and explosions.
Pursuing a Traumatic Brain Injury Claim in Alabama
More serious forms of TBI can be life-altering in numerous ways. And in many cases, these injuries can be permanent and debilitating. This can be highly stressful not only for victims, but also for those closest to them, who are often thrust into the role of caregiver. When a traumatic brain injury happens because of the actions or omissions of another person or party, those who suffer from this condition deserve to be compensated.
Compensatory damages for TBI can be divided into two general categories:
- Economic Damages: These are actual monetary losses the injured party suffers, such as hospitalization costs, costs for various medical treatments, rehabilitation, ongoing medical care, lost wages, loss of earning capacity, and property damage.
- Non-Economic Damages: These are losses that are real but intangible and more difficult to quantify. Examples of non-economic damages include physical pain and suffering, emotional distress, and diminished quality of life.
In some rarer cases in which the actions of the party responsible for the injury were willful or malicious, punitive damages may be awarded to “punish” the wrongdoer and help deter them (and others) from committing similarly egregious actions in the future.
Pursuing a TBI claim in Alabama is more difficult than in most other states because of our state’s “contributory negligence” legal doctrine. Under contributory negligence, an injured party can be denied compensation if they are found to have “contributed” in any way to the underlying event. This means that if you are found to be even 1% at fault for your injury, you may lose out on the right to recover damages. For this and many other reasons, it is absolutely essential to work with an attorney who has specific experience pursuing these types of claims, and someone with the proven ability to successfully overcome Alabama’s defendant-friendly legal standard.
Contact our Seasoned Birmingham, AL Traumatic Brain Injury Lawyers
Traumatic brain injury sufferers can have their lives turned upside down. If this has happened to you or someone close to you, you need a strong legal advocate by your side who is willing to fight for the full and fair compensation you deserve. The statute of limitations for most personal injury lawsuits in Alabama is two years from the date of the injury, so it is best to get in contact with an attorney sooner rather than later.
At Mann & Potter, PC, we are ready put our extensive experience to work for you. Call us today at 205-879-9661 or message us online to schedule a free consultation. You may also stop by our Birmingham office in person at your convenience, or we will come to you.
We accept all personal injury cases on a contingency fee basis, so you only pay attorney fees if we win your case