Clarksville Traumatic Brain Injury Lawyer
A traumatic brain injury (TBI) may be the result of riding a motorcycle without a helmet, a severe slip and fall, a motor vehicle accident, or a fall from a scaffold while at work on a construction site. The Tennessee Department of Health reported that each year, approximately 1.7 million people sustain a TBI and hospitals admit about 8,000 people for these injuries.
If you have a TBI that is due to another’s negligence, contact a well-versed Clarksville traumatic brain injury lawyer today. A compassionate catastrophic injury attorney could help you start the process of filing a claim to get the compensation you need and deserve.Proving Negligence For a TBI
Because a TBI can occur from a variety of accidents, a Clarksville traumatic brain injury lawyer can establish the best approach for each unique case. This personal injury claim can be based on a car accident, a slip and fall while on someone’s property, or from an injury at work. A successful case will be able to prove the negligence of another. Generally, to do this they will include the following elements:
- The other party owed a duty of care
- The defendant breached that duty
- That breach caused the accident and the subsequent injuries
- As a result, the victim now has damages
Once a Clarksville traumatic brain injury lawyer has reviewed the evidence of a claim, they can construct the best possible case for a favorable settlement.Damages Under Tennessee Law
The medical expenses associated with a TBI can be profound and ongoing. Therefore, an injured party may need representation to ensure the other party’s insurance company will cover medical bills while they receive medical treatment for their injuries. Tennessee law entitles victims to recover economic and non-economic expenses. Economic expenses include:
- Medical bills
- Lost wages, past and future
- Future earning capacity
- Damage to property
- Medical equipment (respirators, wheelchairs, etc.)
Economic damages are easier to prove because there is usually tangible proof that they occurred. On the other hand, non-economic damages are less quantifiable and are more of a challenge to prove. Non-economic damages concern the emotional pain and suffering related to the physical trauma of a TBI. Some of the damages include:
- Loss of enjoyment of life
- Loss of consortium (companionship)
- Psychological distress
If a TBI results in paraplegia or quadriplegia, the person may recover up to $1,000,000 in non-economic damages. The reasoning for this under Tennessee law is that this injury rises to the level of being catastrophic and a person cannot easily recover after sustaining such an injury.Statute of Limitations
The state of Tennessee places a limit on the time someone can file a claim. For most personal injury cases, the claimant has up to one year to file a claim. However, if the injury is the result of medical malpractice they may have up to three years to file a claim from the time of the discovery of the negligence that caused the injury.How a Clarksville Traumatic Brain Injury Lawyer Could Help
Because a TBI is a severe injury with long-term medical needs, a Clarksville traumatic brain injury lawyer may be your best advocate for this type of case. You need a lawyer who understands that your injuries may require future surgeries, long-term rehabilitation, and possible home-care.
A skilled Clarksville traumatic brain injury lawyer could take all these factors into account when they fight for the greatest settlement for your case. Do not delay your case another day, call today.