As anyone who has ever suffered even a minor concussion knows all too well, brain trauma can be debilitating in both physical and psychological terms regardless of how it happens or how long it lasts. If you or someone you love suffered permanent brain damage in an accident recently, though, what you might be learning now is how uniquely hard an injury of this type is to treat effectively, as well as how poor a substitute money alone can be for a permanent loss of bodily function.
While civil compensation may not be able to completely erase the trauma you or your family member unfairly sustained, pursuing it with help from a skilled Shelton traumatic brain injury lawyer will still likely be key to preserving your long-term best interests. Restitution for specific expenses and losses stemming from a TBI can do a lot to improve quality of life for someone dealing with this sort of trauma, and a catastrophic injury attorney’s assistance can be crucial to navigating the civil court system as efficiently and effectively as possible.
Just like with any other type of injury stemming from a traumatic accident, holding someone legally accountable for the effects of a TBI typically requires proving they were “negligent” in some way. This specifically entails showing that they had a specific “duty” to act responsibly under certain circumstances, that they “breached” that duty through an irresponsible or illegal act, and that they directly caused the TBI through that misconduct.
However, exactly what qualifies as “negligence” can change a lot depending on the circumstances, since different people may have different “duties of care” in different situations, and an unreasonable act in one situation may be entirely rational in another. Support from a seasoned Shelton traumatic brain injury attorney can be vital not just to establishing exactly how a particular TBI occurred, but also to identifying all the people who played a role in causing it and how their behavior makes them liable for ensuing losses.
Someone found liable for causing brain damage through “negligence” of any kind may be made to pay for both economic and non-economic consequences of that injury, including both past and future losses like:
As per Connecticut General Statutes §52-572h, though, any percentage of “comparative fault” assigned to a brain injury victim for causing their own injury through their own negligent behavior may be held against them as a proportional reduction from the value of their final damage award, or potentially even as a result to throw their case out of court and not give them any compensation. This is something that a skilled lawyer can provide essential assistance with navigating around during a TBI claim in Shelton.
A severe brain injury can change every single aspect of your personal and professional life. Anyone whose negligence led to suffering trauma of this nature should be held accountable for every negative effect their actions will have on you—but making that happen in civil court can be extremely challenging in practice and virtually impossible if you try to do it alone.
Fortunately, you do not have to demand the compensation you deserve by yourself. A tenacious Shelton traumatic brain injury lawyer at Berkowitz Hanna can fight for what you deserve. Contact our office today to learn more about what we can do for you.