Brain injuries can be fatal or life-changing, as they affect cognition, mood, memory, and behavior. When a brain injury occurs, it’s important to uncover the cause to determine if another person or company should be held liable for the damage inflicted.
At Morris Wilson Knepp Jacquette, P.C., we have represented many clients suffering from brain injuries. Our Philadelphia medical malpractice firm can help you identify who can be held liable, show the extent of the damage, and identify the right legal strategies to fight for full and fair compensation.
To find out more about how our Philadelphia brain injury lawyers can help you, call us today.
How A Philadelphia Brain Injury Lawyer Can Help You
When you have suffered from a head injury, a Philadelphia brain injury lawyer can provide invaluable help in the aftermath. An attorney can assist you in:
- Determining if you have a brain injury claim: You would need to be able to show that you suffered a brain injury as a result of the negligence or wrongdoing of an individual or company.
- Identifying who is to blame for your injury under the law: Multiple potential defendants could sometimes be liable for losses, such as a truck driver and their employer if you were harmed in a truck accident, or a property owner who allowed unsafe conditions to put you at risk.
- Gathering evidence: If you want to pursue a brain injury claim, you will need evidence as to both the cause of your injuries and the extent of your losses. We can help you to gather physical evidence, eyewitness testimony, expert testimony, medical evidence, and more.
- Negotiating a settlement: Many brain injury claims settle outside of court if the defendants and their insurers accept responsibility for the harm you have endured. We can help negotiate a fair settlement to save you the stress of legal proceedings. We’ve stood up to big insurance companies, and our solid negotiating skills maximize the chances of a favorable outcome.
- Going to court: Our team includes experienced litigators who have recovered millions of dollars for clients in brain injury claims.
These are just some of the ways in which our caring and compassionate Philadelphia wrongful death attorney can assist you in the aftermath of your injury.
Why Choose Morris Wilson Knepp Jacquette, P.C. For Your Brain Injury Case?
Brain injury cases are some of the most complex and technical cases in personal injury law. Having experienced legal representation can help you even the playing field with insurance companies and large defendants and prove how your brain injury has impacted your life.
Clients in Philadelphia and the surrounding communities turn to Morris Wilson Knepp Jacquette, P.C. because:
- We have recovered tens of millions of dollars for injured victims.
- Our attorneys bring decades of courtroom and negotiation experience to every case.
- We work closely with some of the top medical and financial experts in PA.
- Our lawyers have been recognized by Super Lawyers, Best Lawyers, and other leading legal organizations.
- We handle brain injury cases on a contingency fee basis. You pay nothing unless we recover compensation on your behalf.
If you or a loved one suffered a brain injury due to someone else’s negligence, our attorneys are ready to help. Contact Morris Wilson Knepp Jacquette, P.C., today to schedule a free consultation with a Philadelphia brain injury lawyer.
Who Can Be Held Liable for a Brain Injury in Philadelphia?
In many cases, brain injuries result from events that could have been prevented. When negligence or unsafe practices contribute to an injury, the responsible parties may be held liable. Potentially liable parties can include:
- Property owners – if unsafe conditions, like wet floors, uneven surfaces, or poorly maintained equipment, cause a visitor to fall
- Drivers – motor vehicle operators who cause collisions due to reckless or negligent driving
- Businesses or institutions – entities that provide inadequate security or fail ot maintain safe environments, leading to assaults or other injuries
- Schools, coaches, and sports programs – organizations that fail to implement proper safety policies, training, or supervision, resulting in injuries to athletes
- Manufacturers of defective products or equipment – companies that produce unsafe helmets, sporting gear, or other equipment that contribute to brain injury
The birth injury lawyer in Philadelphia at Morris Wilson Knepp Jacquette, P.C., helps victims and families determine whether negligence played a role in their injury. If a person, company, or organization is found responsible, you may be able to pursue compensation for medical expenses, ongoing care, lost wages, and other losses.
How Are Brain Injuries Defined?
According to the Brain Injury Association, a traumatic brain injury, or TBI, is defined as an injury that occurs when the function of the brain is altered by an external force. The force could impact the brain if something strikes the head or if the head strikes another object.
There are two primary types of traumatic brain injuries: closed head injuries and open head injuries.
- Closed head injuries involve injury to the brain without the skull being penetrated. Bruising, contusions, and swelling can occur due to blunt force trauma without the skull being punctured.
- Open head injuries involve injury to the brain that occurs when the skull is penetrated and the brain is exposed to the outside environment. These injuries are caused by a penetrating object and can directly impact the brain tissue, resulting in bleeding, infection, or loss of function.
While open head injuries are usually more serious, both types of injuries can lead to catastrophic or fatal outcomes and cause long-term impairment.
Common Causes Of Brain Injuries
Brain injuries are very common, with the Brain Injury Association of America reporting that this type of injury occurs every nine seconds.
The Mayo Clinic has identified leading causes of brain injuries, including:
- Falls: Falling is the most common cause of brain injury, according to the Mayo Clinic. Adults and children are especially vulnerable to brain injury from this cause.
- Car accidents: These accidents can impact people in cars, motorcycles, or bicycles, or pedestrians can be affected as well.
- Violence: Gunshot wounds and assault can result in injury to the brain.
- Sports injuries: Soccer, boxing, football, lacrosse, skateboarding, hockey, and extreme sports are high-risk sports for causing brain injury.
- Explosive blasts: Explosive blasts are a leading reason for military personnel to experience brain injury
Symptoms Of Brain Injuries
Brain injuries can cause very severe symptoms. In some cases, they are fatal, and in many other circumstances, the damages resulting from a brain injury are lifelong. Even when recovery is possible, it often takes a very long time and requires expensive medical treatment.
While the symptoms do vary based on the type and extent of injury, people suffering from a brain injury could experience:
- Headaches
- Nausea
- Vomiting
- Drowsiness
- Fatigue
- Speech problems
- Balance problems
- Dizziness
- Ringing in the ears
- Blurred vision
- Changes in your ability to smell
- Sensitivity to light and sound
- Bad taste in the mouth
- Loss of consciousness
- Memory problems
- Mood changes
- Feeling dazed, confused, and disoriented
- Sleep interruptions
- Persistent headaches
- Seizures or convulsions
- Loss of coordination
- Confusion
- Slurring of speech
- Coma
Unfortunately, these symptoms can be life-changing, especially when they persist over long periods of time.
Damages Available for Brain Injury Claims in Philadelphia
Brain injuries can create enormous financial and emotional losses, often lasting years or even a lifetime. If you suffered a brain injury due to another party’s negligence, Pennsylvania law allows you to pursue compensation for your economic damages and non-economic damages related to the incident.
Economic Damages
Economic damages compensate victims for documented financial losses related to the injury. These damages may include:
- Medical expenses
- Future medical care and ongoing treatment needs
- Physical therapy, occupational therapy, and cognitive therapy
- Prescription medications and medical equipment
- Lost wages
- Reduced future earning capacity
Many brain injury victims require long-term medical care and assistance. In serious cases, compensation may also cover the cost of home health care, assistive devices, and home modifications.
Non-Economic Damages
Non-economic damages address the personal impact of a brain injury, which is more intangible and doesn’t have a precise financial value. These losses compensate for your:
- Pain and suffering
- Emotional distress and psychological trauma
- Loss of enjoyment of life
- Cognitive impairment and memory loss
- Permanent disability or disfigurement
Traumatic brain injuries often affect one’s memory, reasoning, and personality. Accordingly, these damages can represent a huge portion of your personal injury award.
Other Damages
In rare cases, punitive damages may be available to punish a defendant for extreme misconduct. Brain injuries caused by drunk driving incidents or assaults offer two possible examples.
In wrongful death cases, Pennsylvania law allows surviving family members can recover damages for funeral expenses, loss of support, and loss of companionship, in addition to their deceased loved one’s medical bills and losses before their death.
An experienced brain injury attorney can help you understand the damages you’re entitled to and assess the full value of your case. Call Morris Wilson Knepp Jacquette, P.C. for more information.
When Should I Contact a Lawyer After a Brain Injury in Philadelphia?
You should contact a lawyer as soon as possible after a brain injury. Early legal intervention can help protect important evidence and prevent insurance companies from taking advantage of you while you’re recovering.
A lawyer will take over all negotiations and communications with the defendants in your claim. This will protect you from common insurer tactics like getting you to provide a recorded statement they can use against you or agreeing to a quick settlement that doesn’t fully account for your losses.
A lawyer can also begin investigating the incident while the evidence is still fresh. This may involve:
- Gathering accident reports and medical records
- Interviewing witnesses
- Reviewing photographs or video footage of the incident
- Consulting with medical professionals to evaluate the injury
If you suspect that another party’s negligence caused the injury, speaking with an attorney can help you avoid costly mistakes during the claims process.
How Philadelphia Brain Injury Cases Are Proven in Court
Brain injury claims are typically based on negligence. To recover compensation, the injured person must prove that another party’s negligent actions (or omissions) caused the injury.
Most brain injury cases require proof of four key elements:
- Duty of Care. The defendant must have owed you a legal duty to act with reasonable care. For example, drivers have a duty to operate vehicles safely; property owners must maintain reasonably safe premises, and medical providers owe patients a duty to provide proper care, to name a few.
- Breach of Duty. You must show that the defendant failed to meet this duty of care by failing to act reasonably in the lead up to the accident. Beaches could involve reckless driving, unsafe property conditions, defective products, or other negligent behavior.
- Causation. You must demonstrate that the defendant’s actions directly caused your brain injury. (This is often one of the most heavily contested elements in brain injury cases).
- Damages. Finally, you must prove that the injury resulted in financial and/or personal losses.
You must prove each element to have a successful claim; failure to prove just one will result in your case being dismissed.
Expert Testimony and Brain Injuries
Brain injuries are complex and not always visible on imaging tests. Expert testimony often plays a critical role in these cases. Medical specialists and life-care planners may be needed to provide testimony explaining:
- The nature and severity of the injury
- The long-term medical care required
- The impact of the injury on the victim’s ability to work or function
These experts help juries understand how a brain injury will affect your life and what kind of compensation may be necessary for treatment and rehabilitation.
How Long Do I Have to File a Brain Injury Case in Pennsylvania?
Pennsylvania law limits the amount of time you have to file a brain injury lawsuit after an accident. In most cases, brain injury claims must be filed within two years from the date of the injury.
If you fail to file the lawsuit within the required time period, you may lose the right to pursue compensation in court. There are limited exceptions to this rule. For example, cases involving minors may allow additional time for filing a claim.
You should speak with an attorney as soon as possible after your injury for help identifying the deadlines in your case. Our brain injury lawyers in Philadelphia can help you understand the time limits in your case.
Contact a Philadelphia Brain Injury Attorney from Morris Wilson Knepp Jacquette, P.C., Today
Don’t hesitate to get a legal advocate on your side after a brain injury. Give us a call today at (610) 825-0500 to schedule a free consultation with a Philadelphia brain injury attorney who can help in your pursuit of justice.