Brain injuries can be caused by anything from falling, sports injuries, workplace injuries to car accidents. If you or your loved one were injured in an accident which resulted in a traumatic brain injury (TBI) caused by a DUI driver, you have the right to seek compensation. An experienced car crash attorney in Boston can help you with this.
Traumatic brain injury (acquired brain injury) is a sudden physical trauma to the brain.
Drinking and driving is a terrible choice; very often, DUI drivers cause accidents leaving the victims with traumatic brain injuries.
Every year more than one and a half million Americans suffer from brain damage; about fifty thousand die from traumatic brain injuries.
Types of Traumatic Brain Injury
These are the two types of TBI:
Closed head injuries occur when the victim hits their head on an object with intense force. This causes damage to the area of the brain that receives this force as well as other areas (diffuse brain injuries). Sometimes a closed head injury can result in a skull concussion. Diffuse brain injuries are often the reason for communication difficulties because the areas of the brain most sensitive to damage due to movement are those that affect communication. The victim can have issues with walking, balance, swallowing, coordination, memory, smell, and cognitive abilities.
Open head brain injuries are also called penetrative injuries. This traumatic brain injury damages the area of the brain that is close to the point of penetration. It will not cause damages to other parts of the brain, like closed head injuries do. But, there is the risk of infection when dirt or foreign objects get trapped inside the skull.
Brain injuries are quite tricky for detecting than any other injuries. This is why you have to gather as much evidence as possible if you want to prove that the so injury was a result of a drunken driver.
For example, a car hits you, and the driver’s BAC test shows higher results than the legal limit. As a result of their drunken driving, they speeded above the limit and hit your car. You crashed your head into the windshield of your car, and suffer traumatic brain injuries. Your cognitive functioning is affected, and you have severe headaches that are preventing you from living a normal life. In this case, you can file a lawsuit against the drunk driver based on negligence, arguing that their careless driving under the influence caused you a brain injury that forever changed your life.
Gather Evidence About the Accident and Your Traumatic Brain Injury
When your attorney prepares the case, they will ask you how you injured your brain. Your attorney will ask you to remember the accident (how it happened, where you were during the accident, what medical treatments you got).
It is not uncommon for traumatic brain injury victims to have memory loss; tell your lawyer what you can remember and be completely honest about it.
Your attorney will also contact witnesses, seek accident reports, surveillance camera footage, and newspaper articles.
Traumatic brain injuries are more challenging for diagnosis; it might be subtle, and the doctor must observe if there are any changes in your memory, behavior, emotions, speech, and movement.
Proving the Liability of a DUI Accident That Caused a TBI
If you believe that your TBI was caused by a DUI driver, you will have to help your lawyer get the official police report and the BAC test that happened shortly after the accident. Eyewitness testimony is another evidence. Your lawyer can use cell phone records, photos of the accident, and even social media reports.
To prove that you have TBI, you will have to gather neurological statements for your TBI. Also, psychological test results will help, as well, every medical record related to your injury. Writing a personal journal where you will note how your TBI is affecting your everyday life could help your case.
Statements from your friends, family, and co-workers can help (they can tell about the differences in your overall cognitive functioning, potential memory loss, personality, etc.).
If you manage to prove all of this, you have the chance to collect compensation for your past medical expenses, as well as future healthcare expenses, lost wages, benefits, future earning capacity, home care, child care, domestic help, and so on.
Call Soto Law and let us represent your case. We will listen to your case and offer our legal expertise and help in the process of getting your deserved compensation.