The brain controls every function of your body, from your digestive system and heart to your personality and mood, and everywhere in between. It only makes sense that a traumatic brain injury (TBIs) may cause a person to suffer severe and life-altering symptoms that might necessitate life-long care. Those who have been subject to such injuries due to someone else’s negligence may not need to fight for justice alone.

If you find yourself caught up in such a scenario, you could always turn to a compassionate Gary traumatic brain injury lawyer for assistance with every aspect of your case. Once retained, your persistent catastrophic injury attorney could help you and your family recover monetary damages to help offset the costs of medical care, make up for pain and suffering, and hold the liable party responsible for their actions.

Medical Complications Caused by TBIs

Traumatic brain injuries may lead to various emotional and physical changes. While some of these are temporary and may be assisted through care, others may be permanent in nature.

Following a TBI, some patients may experience:

  • Personality changes
  • Memory loss or problems
  • Physical impairments
  • Emotional instability and mental health issues
  • Depression

Persons may also experience additional medical problems in other parts of their body, including pain, nerve damages, or loss of functioning. Those who have suffered any such conditions because of someone else’s negligence could reach out to a traumatic brain injury lawyer in Gary to discuss the event surrounding their injury and their eligibility to seek compensation through civil proceedings.

Calculating Damages

Most traumatic brain injuries cases may involve both economic and non-economic damages. Economic damages tend to be objective matters such as lost wages, medical expenses, or therapy costs. These are relatively easy to calculate, and they usually have a clear economic value.

Non-economic damages may be challenging to quantify. These may not have a definite dollar value and could be calculated by a traumatic brain injury lawyer in Gary to compensate for a plaintiff’s pain and suffering, loss of enjoyment, or changes to life.

Many factors can influence non-economic damages, including:

  • Severity of the injury
  • Degree of change in plaintiff’s daily functioning and activities
  • Effect of injury on any pre-existing conditions
  • Related physical disfigurement

Establishing Liability

Courts in Gary use a contributory fault system when determining liability, as per Indiana Code §34-51-2-6. This statute grants a civil judge or jury the ability to determine the percentage of fault of the involved parties in any potential trial. In some cases, it may be found that a plaintiff played a role in causing the accident and resulting injuries. This does not necessarily bar a plaintiff from recovering damages.

If a jury finds a plaintiff held less than 51 percent fault, their fault percentage would be deducted proportionally from any compensation they received. If a person were found to be 20 percent at fault, then their final damage award would be reduced by 20 percent. If the jury determines that the plaintiff is more than 50 percent at fault, though they may be unable to recover any damages.

The statute could also be used during settlement negotiations. As such, retaining a vigilant traumatic brain injury lawyer could help protect an accident plaintiff in Gary from unwarranted contributory fault claims.

Let a Gary Traumatic Brain Injury Attorney Help

Traumatic brain injuries could severely decrease your quality and enjoyment of life and may even cause premature death. A Gary traumatic brain injury lawyer could provide support and legal knowledge to help you recover.

Your attorney could contact insurance companies or liable parties on your behalf and help to calculate potential damages or negotiate settlements. They could work to build a favorable case to present during a civil trial.

No matter the direction your case takes, having seasoned legal counsel on your side could help protect you so you can focus on healing. Call today to schedule a consultation and discuss your potential case.