Johnstown Traumatic Brain Injury Lawyer
A traumatic brain injury (“TBI”) occurs when trauma, like a blow or jolt to the head causes damage to the brain. The Center for Disease Control and Prevention (CDC) estimates that 2.5 million people suffer from a traumatic brain injury annually. More than 500,000 Colorado residents live with a brain injury, and approximately 5,000 individuals hospitalized due to TBI’s every year.
TBI’s range in severity from a mild concussion to a severe coma. Depending on the severity of the injury, a traumatic brain injury can have a lasting impact on the injured and their family members. If you or your loved one were hurt in a TBI accident that was caused by another’s negligence, a Johnstown traumatic brain injury lawyer can help you navigate your potential case. Call today to schedule a consultation.
Understanding Traumatic Brain Injuries
TBI’s are often the result of motor vehicle crashes, but can also occur as a result of a collision with an object, falls, defective products, assaults, and other incidents. While anyone can suffer from a traumatic brain injury, children, especially newborns to 4-year-olds and adults age 60 and over, are the most vulnerable.
Traumatic brain injuries can come in many forms, including concussions, contusions, diffuse axonal (shifting of brain tissue), and penetration (open head injury). Though technology has assisted in allowing physicians to identify and treat traumatic brain injuries, approximately 10-15% of traumatic brain injuries are still not detectable through CT and MRI. It is essential to look for signs and symptoms of traumatic brain injuries, the most common of which include:
- Loss of consciousness
- Memory loss/Difficulty concentrating
- Dizziness/ Nausea
- Ringing in the ears
- Sensitivity to light and sound
- Mood or behavior change
Potential Effects of TBI
Since most traumatic brain injuries are invisible, and they require a physician to diagnose and assess the full extent of the damages. Moderate or severe traumatic brain injuries can have lasting effects and, in some cases, produce physical, behavioral, communicative, or mental disabilities. Traumatic brain injuries could also affect your ability to participate in daily activities, function at school or work, and manage household tasks. Additionally, the emotional burden on the injured person, their loved ones, and caregivers is immeasurable.
Filing a Traumatic Brain Injury Case
To bring a cause of action for a personal injury in Johnstown, the plaintiff must show that the defendant was negligent and failed to act as a reasonable person would in a similar situation. Negligence requires that the defendant owed a duty of care to the plaintiff, breached a duty that the breach caused the plaintiff’s injury, and the plaintiff has damages as a result of the injury.
Under Colorado Statutes §13-21-111, a plaintiff found to be partially at fault for the accident may be limited in recovering damages. Under Colorado’s modified comparative fault law statute, a plaintiff cannot be more than 50% responsible for the accident to recover damages. Where the injured party is more than 50% at fault, he/she will not be eligible to recover. A Johnstown traumatic brain injury lawyer has to expertise to handle the unique and complex issues of proof and causation issues in these cases.
Consult with a Johnstown Traumatic Brain Injury Attorney Today
Dealing with the aftermath of a traumatic brain injury is not only painful, but expensive as well. In some cases, victims have had to undergo medical treatment for months, even years, causing the victim to pay for medical treatment over a long period of time. Fortunately, with the help of a Johnstown traumatic brain injury lawyer