Traumatic Brain Injury Attorneys in Birmingham, AL
Brain injuries are among the most severe an individual can suffer. These types of injuries typically occur from a bump, jolt, or blow to the head. Traumatic brain injury (TBI) is a condition that ranges in severity and can impact victims in numerous ways. The mildest forms of TBI last just a short period of time, while more severe forms of this condition can be permanent and debilitating.
Traumatic brain injury, in its more severe forms, can have a lasting impact on not only the victim, but those around them as well. TBI sufferers incur major medical expenses and often have to miss work for an extended period of time. In addition, the symptoms of this condition often force loved ones to move into more of a caregiving role. These life-altering changes can put enormous stress on the entire household. If you or a loved one suffered a traumatic brain injury because of the negligence or reckless actions of another party, you may be entitled to compensation.
The seasoned personal injury attorneys at Burge and Burge have over five decades of combined experience representing clients who have suffered from traumatic brain injuries and other types of severe and catastrophic injuries in Alabama. We understand the major physical, emotional, and financial toll TBI takes on those suffering from it and their families, and we do everything possible to make the legal process smooth and seamless. We work closely with our clients, taking the time to fully assess their case and explore all potential legal avenues toward obtaining full and fair compensation.
We routinely go up against well-funded adversaries such as large corporations and their insurance companies, and we have a successful track record with even the most complex accident injury cases. Our lawyers have in-depth knowledge of Alabama personal injury law, and we know what it takes to prevail in these types of cases. Our extensive experience, skills, knowledge, and resources are major reasons we are highly acclaimed by our peers in the legal industry.
Common Causes of Traumatic Brain Injuries
TBI is a major cause of death and disability in the U.S. According to the Centers for Disease Control, TBI contributes to the deaths of nearly 50,000 individuals each year. This averages out to more than 150 TBI-related deaths every day. TBI is also a factor in over 2 million emergency room visits and nearly 300,000 hospitalizations annually.
Traumatic brain injuries can happen in numerous settings. Some of the leading causes of TBI include:
- Slip, Trip and Fall Accidents: Nearly half of all traumatic brain injuries are caused by slips, trips, and falls, making this by far the leading cause of TBI. Falls can happen just about anywhere, and most falls result in minor injuries. Some falls can be more severe, however, especially when the victim falls head-first. Falling is often the fault of the injured party, but sometimes, another party may be responsible.
- Being Struck By/Against Accidents: The second leading cause of TBI is being struck by or having your head thrown against a hard object or surface. Being struck in the head is a common occurrence on certain job sites, such as construction. At a construction site, there are several workers, many of whom are in high elevations and working alongside heavy machinery. When proper safety measures are not put in place, accidents can occur on these sites, many of which result in injuries such as TBI.
- Auto Accidents: Motor vehicle crashes are the third leading cause of TBI in the United States. The impact of a vehicle crash often produces a sharp jolt or blow to the head, which can result in head trauma. Examples of crashes that can result in TBI include car crashes, trucking accidents, bus crashes, motorcycle crashes, and vehicles that crash into bicyclists or pedestrians.
- Violence: The fourth leading cause of TBI in the United States is violence. This might include domestic violence, assault, and self-inflicted wounds. Domestic violence is one of the leading causes of TBI-related deaths among children ages four and under.
TBI manifests itself differently with each individual sufferer, and there are a wide range of symptoms that may indicate the onset of this condition. Some of the most common symptoms of traumatic brain injury include:
- Severe and ongoing headaches;
- Blurred Vision;
- Nausea and Vomiting;
- Ears Ringing;
- Fatigue/Lack of Energy;
- Problems Focusing;
- Problems with Communication;
- Mood Changes that are Out of Character;
- Risky Behavior;
Damages Available in TBI Cases
When an individual suffers from TBI, the condition may be permanent and debilitating. In such cases, the victim should be fully compensated. Damages in these types of cases can be divided into three general categories:
- Economic Damages: These are actual expenses incurred by TBI sufferers. Examples may include hospital bills, rehabilitation costs, cost for treatment, ongoing medical expenses, lost wages, and loss of earning capacity.
- Non-Economic Damages: These are damages that it is difficult to assign a dollar figure to. Examples of non-economic damages may include physical pain and suffering, emotional distress, loss of enjoyment, and loss of consortium.
- Punitive Damages: In rare cases in which the actions or omissions of the responsible party were especially egregious, punitive damages may be awarded to punish the wrongdoer and deter them (and others) from similarly egregious behavior in the future.
Most construction workers who suffer TBIs will have to be out of work for a certain period of time, and survivors who suffer the most severe brain injuries are never able to return to work at all. Injuries like these can also take a major physical and emotional toll on workers and their families.
How Alabama Contributory Negligence Laws Affect TBI Cases
Recovering compensation for a traumatic brain injury is more difficult in Alabama than in most other states because the courts here apply the “contributory negligence” legal doctrine. Under this doctrine, if a TBI sufferer is determined to be even 1% responsible for the accident that led to the injury, they can be barred from recovering damages. There is no doubt that the other side will attempt to use this doctrine to their advantage. For this reason, it is critical to have a seasoned attorney in your corner who knows how to successfully argue these types of cases.
Speak with an Experienced Alabama Personal Injury Lawyer
If you or someone close to you suffers from traumatic brain injury, do not settle for less than you deserve. At Burge and Burge, we stand by your side, aggressively advocating for your rights and interests during negotiations, at trial, and upon appeal when necessary. For a free consultation with one of our attorneys, call our office today at 205-251-9000 or toll free at 800-633-3733. You may also send a secure and confidential message through our online contact form.
We do not charge upfront attorney fees for our personal injury cases – you only pay us if we win your case