Traumatic brain injuries (TBIs) from semi-truck accidents can have devastating consequences. This article explains how to recover compensation for medical bills, lost wages, and other damages. Contact GJEL Accident Attorneys for a free consultation today.
Having the deep misfortune of being in a semi-truck accident can have serious consequences when it comes to the brain. A traumatic brain injury (TBI) and other common truck accident injuries could have a long-lasting impact on your quality of life.
You may find you’re not interested in hobbies you once enjoyed or that you can no longer handle the stress of your job. Making up for these losses is key to giving you peace of mind during recovery.
GJEL Accident Attorneys is here to help during this difficult time.
What Is a Traumatic Brain Injury?
A traumatic brain injury, or TBI, occurs when the brain is subjected to a sudden, violent force that causes it to move inside the skull. This movement can cause damage to the brain tissue, leading to a range of symptoms and impairments.
Semi-truck accidents are among the most dangerous types of accidents on the road due to the sheer size and weight of the vehicle. When a semi-truck collides with another vehicle, the force of the impact can cause a TBI.
In a truck crash, the brain may be injured by both direct impact and violent shaking or rotation of the head. That is one reason these collisions can lead to life-altering cognitive, physical, and emotional problems.
Symptoms of a TBI can include headaches, dizziness, confusion, memory loss, and changes in behavior or personality. In severe cases, a TBI can cause coma, paralysis, or even death.
Treatment for a TBI can vary depending on the severity of the injury. In mild cases, rest and observation may be sufficient. Surgery, medication, and rehabilitation may be necessary in more severe cases. Rehabilitation might involve physical, occupational, and speech therapy to help the patient regain cognitive and motor function.
Common Types of Traumatic Brain Injuries After a Semi-Truck Accident
Not every truck accident brain injury looks the same. Some TBIs are mild at first but become more serious over time, while others are immediately life-threatening.
Common types of TBIs after a semi-truck accident include concussions, brain contusions, diffuse axonal injuries, brain hematomas or hemorrhages, and penetrating head injuries caused by shattered glass or metal debris.
A concussion is often called a mild TBI, but it can still cause lasting problems with memory, concentration, dizziness, and daily functioning. A contusion is a bruise on the brain tissue itself. A diffuse axonal injury is one of the most severe forms of TBI and can happen when rapid rotation or violent shaking tears nerve fibers throughout the brain.
Bleeding in or around the brain can create dangerous pressure inside the skull and may require emergency treatment. Because symptoms can worsen quickly, it is important to seek medical care as soon as possible after a truck accident involving any blow to the head or sudden jolt.
How Can I Recover Compensation After an Accident?
The recovery process for a TBI can be long and difficult, with the need for ongoing medical care and support. It can also be expensive, as medical bills quickly add up. Suppose the negligence of a truck driver or trucking company caused your TBI. In that case, California law allows the injured person to pursue legal action against them to recover damages for medical expenses, lost wages, and pain and suffering.
Truck drivers are responsible for following safety regulations and ensuring that their vehicles are properly maintained. Drivers should also be trained to recognize and avoid potential hazards on the road.
When you file a truck accident lawsuit or claim, you essentially allege that the truck driver or company failed to act responsibly, that you suffered loss or harm because of that failure, and that you are due just compensation for the resultant loss or harm.
Depending on the facts of the case, liability may also extend beyond the truck driver. The trucking company, a vehicle or parts manufacturer, a maintenance provider, or even a cargo loading company may share responsibility for the crash and the resulting brain injury.
The next step is to contact an attorney. An attorney will guide you through the extensive litigation or insurance claims process. The appropriate next step depends entirely on the case’s unique facts and whether the insurance company or other party responds to your claim.
In either case, an attorney will likely negotiate a settlement with the other party to ensure you receive an amount commensurate with your case.
Truck accident claims are often more complex than ordinary car accident cases because commercial carriers usually have large insurance policies and legal teams working to limit payouts. Early legal help can make it easier to preserve evidence, identify all liable parties, and document the full cost of a traumatic brain injury.
What Damages Can I Recover?
In personal injury cases, California law allows an accident victim to recover “compensatory damages,” or money a negligent party pays to compensate you for losses. The goal of these damages is to make the injured person whole again.
Compensatory damages are distinguishable from punitive damages, which are intended to punish the other party and deter others from similar bad behavior in the future.
In California personal injury cases, compensatory damages fall into two basic categories:
- Economic damages, such as medical bills, property damage, and lost wages; and
- Noneconomic damages, such as pain and suffering and loss of enjoyment of life.
Noneconomic damages are difficult to prove because they are intangible, and there generally isn’t a quantifiable amount associated with them. However, an attorney can help gather evidence and help you understand what’s necessary to support your claim for noneconomic damages.
For example, an injured party can testify to the frequency and intensity of the pain they experienced. Additionally, a doctor, family or friend can testify about what they witnessed regarding the injured party’s pain. Proof of treatment for pain and suffering is incredibly helpful in front of a jury or during settlement negotiations.
On the other hand, economic damages, like medical bills, are easier to show as long as the amounts claimed are reasonable. For example, an injured person must show that the amount charged for treatment was reasonable, that the treatment itself was necessary, and that the treatment was for the injury caused by the defendant. The injured person can prove this with adequate documentation of the medical bills and expert witness testimony.
In a serious TBI case, economic damages may also include future medical care, rehabilitation costs, diminished earning capacity, and expenses for home modifications or assistive care if the injury causes lasting disability.
Understanding how an insurance company or court might calculate compensatory damages is challenging, so it’s best to ask an experienced attorney for guidance on your case’s potential damages.
Average Settlement for Traumatic Brain Injury
Determining the settlement value for any personal injury case involves analyzing potential damages. Every TBI case is unique, and the settlement amount can vary greatly depending on the severity of the TBI, the degree of liability, and the damages. Given the vast differences from case to case, the “average” settlement for a TBI after a semi-truck accident ranges from thousands to millions of dollars. This vast range isn’t very helpful, so what you need to do to get an idea of what your case is worth is to talk to an experienced attorney.
In cases where the TBI is severe and the victim has significant physical and cognitive impairments, the settlement amount may be higher to cover the long-term care and rehabilitation needed. Additionally, if the truck driver or company was found to act with a willful and conscious disregard for the safety of others, then it might make sense to pursue punitive damages.
Keep in mind insurance policies do not cover awards for punitive damages. If you have a punitive damage claim, you need to ensure the other party has ample funds to pay an award of punitive damages.
There is no one-size-fits-all settlement for a particular medical condition, so it’s important to contact an attorney who can help calculate your losses. An attorney will give you a general idea of what your claim is worth, help negotiate a settlement with the other party, or represent you in court if necessary.
Why Immediate Medical Documentation Matters
After a semi-truck accident, prompt medical evaluation is important not only for your health, but also for your injury claim. Medical records can help connect the brain injury to the crash, show when symptoms began, and document whether those symptoms worsened over time.
Because there is a limited time to file a personal injury claim, waiting too long can hurt both your medical recovery and your legal case. Consistent treatment records, imaging results, specialist visits, and rehabilitation notes can all help prove the extent of a traumatic brain injury and the care it will require in the future.
The Attorneys at GJEL Are Experienced Personal Injury Attorneys
The lawyers at GJEL Accident Attorneys are top-rated California personal injury attorneys with a 99% success rate. We were named one of the top California Personal Injury law firms by Best Lawyer and have helped accident victims for over 40 years. Let our law offices help hold the wrongdoers accountable with no upfront cost to you. Contact one of our California-based locations today!
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