Traumatic brain injury (TBI) is a serious and potentially life-threatening condition that can have a significant impact on an individual’s physical and cognitive abilities.
According to the Centers for Disease Control and Prevention (CDC), approximately 2.8 million people in the United States sustain a TBI each year, and TBI is a leading cause of death and disability in the country with around 87,00 deaths per year.
If you or a loved one has suffered a TBI as the result of an accident, it is important to understand your rights and the options available to you for seeking compensation.
Common Causes of Traumatic Brain Injuries
TBI can be caused by a variety of factors, but some of the most common causes include:
- Falls: Falls are the leading cause of TBI in the United States, particularly among children and older adults. Falls can occur in a variety of settings, including at home, at work, and in public places.
- Motor vehicle accidents: Motor vehicle accidents, including car accidents, trucking accidents and motorcycle accidents, are a leading cause of TBI. These accidents can occur as a result of reckless or negligent driving, such as distracted driving or drunk driving.
- Struck by/against: Being struck by or against an object, such as a sporting accident or a pedestrian hit by a car, can cause TBI.
- Assaults: Physical violence, such as a punch or a blow to the head.
- Explosions: Explosions, such as those caused by bombs or fireworks.
- Sports injuries: Concussions and other head injuries are common in contact sports, such as football or boxing.
- Military combat: Combat situations, such as explosions or blast injuries, can cause TBI.
- Child abuse: Shaken baby syndrome is a common cause of TBI in young children.
- Substance abuse: Overdose or long-term use of drugs or alcohol can result in TBI.
Seeking Workers’ Compensation for Brain Injuries from Work Accidents
If you have suffered a TBI as the result of a work accident, you may be entitled to workers’ compensation benefits. Workers’ compensation is a type of insurance that provides financial benefits to employees who are injured on the job. In order to qualify for workers’ compensation, you must have been injured while performing your job duties, and the injury must be work-related.
In order to file a workers’ compensation claim for a TBI, you will need to provide evidence of your injury and the circumstances surrounding the accident. This may include medical records, witness statements, and documentation of your employment and the accident. It is important to act quickly in seeking workers’ compensation, as there are time limits for filing a claim.
In the United States, approximately 20% of TBIs are the result of a work-related injury. If you or a loved one has suffered a TBI as the result of a work accident, it is important to understand your rights and the options available to you for seeking compensation.
Common Causes of Traumatic Brain Injuries from Work Accidents
TBIs can occur in a variety of work settings and can be caused by a range of factors, including:
- Falls: Falls are a leading cause of TBIs in the workplace, particularly in construction and manufacturing industries. Employees may fall from heights, such as scaffolding or ladders, or may trip and fall on uneven surfaces.
- Motor vehicle accidents: Employees who work in transportation or delivery may be at risk of TBIs in motor vehicle accidents. These accidents can be caused by reckless or negligent driving, such as distracted driving or drunk driving.
- Objects falling or striking the head: Employees in warehouses or other environments where objects are stored or moved may be at risk of TBIs if an object falls or strikes their head.
- Assaults: Employees who work in customer service or other roles that involve interacting with the public may be at risk of TBIs if they are the victim of a physical assault.
Jobs Most at Risk of Traumatic Brain Injuries in Work Accidents
Certain occupations are more at risk of TBIs in work accidents than others. According to the Occupational Safety and Health Administration (OSHA), the following industries have the highest rates of TBIs:
- Construction: Construction workers are at risk of TBIs due to the nature of the work they do, which often involves working at heights and handling heavy machinery.
- Manufacturing: Manufacturing workers may be at risk of TBIs if they work with machinery or heavy equipment, or if they are required to lift heavy objects.
- Transportation and warehousing: Workers in these industries may be at risk of TBIs in motor vehicle accidents or if they are struck by falling objects.
- Healthcare: Healthcare workers, such as nurses and doctors, may be at risk of TBIs if they are involved in a physical altercation with a patient.
If you have suffered a TBI as the result of a work accident, it is important to seek medical attention as soon as possible. You may also be entitled to workers’ compensation benefits, which can provide financial assistance for medical expenses and lost wages. An experienced personal injury lawyer can help you navigate the legal process and maximize your chances of success.
Compensation for Traumatic Brain Injuries from Car and Road Accidents
If you have suffered a TBI as the result of a car or road accident, you may be entitled to compensation through a personal injury claim. A personal injury claim is a legal action that allows an individual to seek damages from the party or parties responsible for the accident. In order to succeed in a personal injury claim, you must be able to prove that the other party was at fault for the accident and that you suffered injuries as a result.
In a car accident personal injury claim, you may be entitled to compensation for medical expenses, lost wages, and other damages, such as pain and suffering. It is important to act quickly in pursuing a personal injury claim, as there are time limits for filing a lawsuit.
To claim compensation, you will need to prove that the accident was caused by the negligence or wrongdoing of another party. This may involve gathering evidence such as witness statements, photos or videos of the accident scene, and medical records.
It is important to seek the guidance of an experienced personal injury attorney if you are considering making a claim for a TBI from a car or road accident. An attorney can help you understand your rights and options and assist you in navigating the claims process.
Statistics on TBIs from road accidents in the United States
According to the Centers for Disease Control and Prevention (CDC), an estimated 1.5 million people suffer a TBI in the United States each year as a result of a car or road accident. TBIs are a leading cause of death and disability, and they can have serious consequences, including physical, cognitive, and emotional impairments.
Main causes of TBIs from road accidents
There are several common causes of TBIs from car and road accidents, including:
- Motor vehicle crashes: Car accidents are a leading cause of TBIs, and they can occur as a result of driver error, reckless or negligent driving, or other factors such as distracted driving or driving under the influence of drugs or alcohol.
- Bicycle accidents: Cyclists are at risk of TBIs if they are involved in a collision with a motor vehicle or if they lose control and fall from their bike.
- Pedestrian accidents: Pedestrians are vulnerable to TBIs if they are struck by a motor vehicle or if they fall or are otherwise injured while walking or running.
- Motorcycle accidents: Motorcycle accidents can be particularly dangerous and may result in serious TBIs. Motorcycle riders are at risk of TBIs if they are involved in a collision with a motor vehicle or if they lose control and fall from their motorcycle.
Which road users are most impacted by TBIs?
TBIs can impact anyone who is involved in a car or road accident, but certain road users may be at higher risk of TBIs due to the lack of protection afforded by their mode of transportation. For example, motorcycle riders and pedestrians are at higher risk of TBIs due to the lack of a protective vehicle surrounding them.
How Traumatic Brain Injury Compensation is Calculated
The amount of compensation you may be entitled to in a TBI case will depend on the specific circumstances of your case and the severity of your injuries. In general, the following factors may be taken into consideration when calculating TBI compensation:
- Medical expenses: This may include past and future medical bills, such as hospital bills, doctor’s appointments, and rehabilitation.
- Lost wages: If you were unable to work as a result of your TBI, you may be entitled to compensation for lost wages. This may include both past and future lost wages.
- Pain and suffering: This type of compensation is intended to compensate you for the physical and emotional pain and suffering you have experienced as a result of your TBI. This may include things such as physical pain, mental anguish, and loss of enjoyment of life.
- Other damages: Depending on the circumstances of your case, you may also be entitled to compensation for other damages, such as property damage, transportation expenses, and other out-of-pocket costs.
- Wrongful death: If the TBI results in the victim’s death, their family may be able to claim compensation for wrongful death.
When determining the amount of compensation you are entitled to, it is important to consider both economic and non-economic damages. Economic damages are those that have a specific dollar value, such as medical expenses and lost wages, while non-economic damages are more subjective, such as pain and suffering.
Time Limits for Traumatic Brain Injury Compensation Claims
It is important to act quickly when seeking compensation for a TBI. Each state has its own time limits, known as statutes of limitations, for filing a personal injury claim. These time limits vary by state, and in some cases, they may be as short as one year. If you miss the deadline for filing a claim, you may lose your right to seek compensation.
USA Traumatic Brain Injury Statistics
TBIs by cause
|Cause||Percentage of TBIs|
|Motor vehicle accidents||17%|
|Struck by/against events (e.g. being struck by an object)||16%|
|Other (e.g. sports injuries, medical conditions)||22%|
TBIs by age group
|Age group||Percentage of TBIs|
TBIs by gender
|Gender||Percentage of TBIs|
Note: These statistics are estimates based on data from the Centers for Disease Control and Prevention (CDC) and may not include all TBIs.
As shown in these tables, TBIs can affect people of all ages and genders and can be caused by a variety of factors. Falls are the leading cause of TBIs, followed by motor vehicle accidents and struck by/against events. TBIs are more common in males and in younger age groups. It is important to take steps to prevent TBIs and to seek medical attention if you or someone you know has suffered a TBI.
Answers to Common Questions on Traumatic Brain Injury Compensation Claims
- Do I need a lawyer to pursue a TBI compensation claim?
While it is not required that you have a lawyer to pursue a TBI compensation claim, it is generally recommended. Personal injury claims can be complex, and an experienced lawyer can help you navigate the legal process and maximize your chances of success.
- How long will it take to resolve a TBI compensation claim?
The length of time it takes to resolve a TBI compensation claim will depend on the specific circumstances of your case. Some claims may be resolved within a few months, while others may take several years. It is important to be patient and to follow the advice of your lawyer.
- Can I receive compensation if I was partially at fault for the accident?
In some states, you may still be able to recover damages even if you were partially at fault for the accident. These states follow a doctrine known as comparative negligence, which allows you to recover damages as long as you were not more than 50% at fault. However, the amount of damages you are entitled to may be reduced based on your degree of fault.
In conclusion, if you or a loved one has suffered a TBI as the result of an accident, it is important to understand your rights and the options available to you for seeking compensation. A personal injury lawyer can help you navigate the legal process and maximize your chances of success.