FAQs About Traumatic Brain Injury

Personal Injury & Car Accident Attorneys Serving Fort Myers and Naples, Florida, as well as Atlanta, Georgia

Why should I hire Kelleher Law after a traumatic brain injury?

A serious brain injury can have a devastating impact on a person’s life, often resulting in long-term physical, cognitive, and emotional impairments. Whether caused by accidents, medical malpractice, or negligence, these injuries can disrupt one’s ability to work, enjoy life, and maintain relationships. The Kelleher Law team can provide you with legal expertise to make sure that your rights are protected while you seek compensation for your injury.

What are the elements of a brain injury lawsuit?

  • Duty of Care: The plaintiff must be able to prove that the defendant was legally obligated to exercise reasonable care to prevent injury to the plaintiff.
  • Breach of Duty: If the defendant has acted negligently, then they have breached their duty of care.
  • Causation: This requires the plaintiff to prove that their brain injury is a direct result of the negligence of the defendant. 
  • Damages: The plaintiff must prove damages caused by the incident. These damages are both physical, economical, and non-economical. Economical losses could be lost wages or current and future medical wages. Non-economical wages could include pain, suffering, or emotional distress caused by the incident.

What are the various types of traumatic brain injuries?

A traumatic brain injury can be categorized in two ways: 

  • Closed head injury: These brain injuries occur when there is no break in the skull and is not penetrated. These injuries usually occur with severe forward or backward jerking of the head, or when the brain is shaken up inside the skull. These injuries usually occur in car wrecks, falls, and sports. 
  • Penetrating brain injury: These types of brain injuries occur when the skull is penetrated.

How do you prove a TBI case?

A traumatic brain injury (TBI) case is proven by addressing and proving the elements of the case. These include duty of care, breach of duty, causation, and damages. TBI can be proven with medical images, brain mapping, diagnostic tests, witness testimony, medical experts, witnesses who can attest to how the plaintiff was before and after the incident, and testimonies from mental health experts.

How long would you expect to resolve a brain injury case?

Brain injury cases can go on for quite a while. Typically, you can expect to resolve a traumatic brain injury case in between 18 months and 3 years. However, there are a lot of factors that dictate how long a case will take to reach conclusion. Some factors that can dictate the length of the case include: 

  • Evidence gathered: If the evidence that the plaintiff has gathered is plentiful and telling, then the case will go by much quicker than if the evidence is sparse and vague
  • Extent of Injury: The more serious the injury, the longer the case could take as there will be more damages and evidence that needs to be examined
  • Who is liable for the incident: Whoever is liable for the incident can play a pivotal role in how long the case takes. If liability is clear, usually the resolution will come sooner than if there are questions as to who is responsible.
  • How many victims were in the accident: With more victims, there is more evidence to examine as each injured person has seperate and distinct injuries, which makes the case more complex.

At Kelleher Law, we fight hard to make sure you get the maximum compensation you deserve. We aggressively pursue justice, to hold parties accountable, and to ensure maximum financial support for medical expenses and lost wages, helping victims of brain injuries find closure. Jim Kelleher, the founder of Kelleher Law, has more than three decades of experience. We have multiple office locations for your convenience located in Naples and Fort Myers, FL, as well as in Atlanta, GA. Call us at 833-546-3675, or visit us at www.jimforjustice.com for a free consultation.