Because of how sensitive the brain is to external impacts and the fact that it cannot always heal completely after suffering damage, traumatic brain injuries (TBIs) are one of the most dangerous types of harm that a person can endure. If someone else’s negligence caused you to suffer trauma to your head or neck, you may have to deal with the financial burden that occurs as a result, which will affect you for the rest of your life.
If you can prove that negligence was the direct cause of your injuries, then you may be able to hold that reckless or careless person accountable for the harm they did to you with help from an experienced catastrophic injury attorney. Contact David E. Gordon, a Southaven traumatic brain injury lawyer, and allow him to guide you through the process of pursuing fair restitution for your injuries and subsequent losses, no matter how severe they are or how long they last.
On top of the debilitating cognitive and neurological losses they can cause, TBIs are uniquely hazardous because they do not always produce symptoms to match the severity of the underlying injury. Even moderate to severe traumatic brain damage may not have noticeable effects in the hours or days immediately following an accident. Failing to get prompt and professional medical care for such an injury could have devastating results.
The first priority of anyone who suspects they have suffered a head, neck, or brain injury in an accident should be seeking medical attention as soon as they are able. Then, through a civil claim, a Southaven TBI lawyer can help the client demand compensation for all their medical expenses. David also can help the client fight for various forms of economic and non-economic damages like lost work income, emotional anguish, property damage, and physical pain, among others.
Despite the repercussions that TBIs can have, injured clients are not immune from partial liability for their own accident. Just like they could with any other person who files a lawsuit, the court overseeing the case has the authority under Mississippi Code Annotated § 11-7-15 to assign a person suffering from TBI a percentage of fault for the circumstances leading up to their accident. This will then proportionately reduce their final monetary award based on that percentage.
Mississippi operates under a “pure comparative fault” system in this respect, so there is no degree of fault a person could bear for their own injuries that would completely prohibit financial recovery, so long as they can prove someone else was at least somewhat to blame as well. Something that could make recovery impossible, however, is a violation of the statute of limitations.
As a local traumatic brain injury attorney can explain in more detail, Miss. Code Ann. § 15-1-49 allows someone only three years after discovering their injuries to start the civil litigation process. A client who does not adhere to this deadline will almost certainly have their case thrown out upon filing it.
It can be difficult to recover sufficient compensation to account for all the forms of harm that traumatic brain damage can lead to. These kinds of injuries can have different effects depending on the circumstances, which means that the recoveries will differ from case to case.
There are inherent challenges that come with holding someone else financially accountable for an accident, so it is unwise to navigate these claims without the aid of the Law Office of David E. Gordon. Get in touch with a Southaven traumatic brain injury lawyer today to see how one could help you.