Pueblo Traumatic Brain Injury Lawyer

How is Negligence Established in a TBI Case?

While some traumatic brain injuries happen because of intentional, violent acts, others occur completely on accident.

In these situations, a claimant must prove that a defendant was negligent, and these actions were the direct cause of their head trauma.

To establish that a defendant acted negligently in a TBI case, an experienced attorney in Pueblo would have to prove four factors by a preponderance of the evidence.

This means that the standard of proof requires only that a plaintiff shows that it was more likely than not that the defendant is liable for their injuries.

A claimant must demonstrate that:

• The defendant owed a duty of care to the plaintiff
• The defendant breached their duty of care
• The breach was the superseding cause of the plaintiff’s injuries
• The plaintiff suffered harm compensable in court

In a traumatic brain injury case based on negligence, the plaintiff would first have to prove that the defendant owed them a duty of care.

Citizens owe one another a duty to act with reasonable care under the circumstances and to prevent unreasonable risk of harm to one another.

A defendant is in breach when they fail to act reasonably under the circumstances.

For example, if a defendant is swinging a hammer around carelessly and accidentally hits someone, causing them to suffer brain trauma, they could be liable for negligence.

It is important to note that this person would only be liable if there were no other factors that superseded the defendant’s conduct that caused the plaintiff’s injuries.

Types of Traumatic Brain Injuries

A traumatic brain injury is a classification for head trauma that affects or disrupts normal brain function.

There are many injuries that could create these problems.

What are Coup-Contrecoup Brain Injuries?

This type of TBI occurs when the brain is exposed to a violent whiplash accident.

The brain, which is suspended in cerebrospinal fluid inside of the skull, will “whip” in the opposite direction of the impact and strike the inside of the skull sustaining injury.

The brain will then whip backwards to the point of impact and strike the inside of the skull on that side, causing damage on two sides.

This can cause significant damage, such as swelling and bleeding in the brain.

Coup-contrecoup TBIs require immediate medical attention and can have long-lasting effects on speech, problem-solving, and vision.

Concussions

Although most people believe concussions are minor injuries that heal quickly, this is not always the case.

Even a concussion that is diagnosed as “mild” could result in permanent changes in the brain.

Most concussions also increase the risk of subsequent injuries that can be debilitating or fatal.

In the case of severe concussions, injured parties may have permanently disabling migraines, vision issues, and be unable to work, drive a vehicle, or even be able to care for oneself.

Diffuse Axonal TBI

An explosive impact can result in this type of TBI which is characterized by shredding, tearing, or otherwise physically damaging brain tissue.

This is due to the force of impact which can damage neuron pathways, structures in the brain, or affect blood vessels.

Brain Bleeds

Any amount of damage to the brain can result in a brain bleed.

Not only does the presence of blood in the brain cause chemical changes, but it can also increase the intracranial pressure.

If the brain bleed is faster than the body can regulate the pressure in the skull, the increased pressure could result in extreme damage to brain tissue including wrongful death.

Penetrating Brain Injuries

When foreign debris pierces the skull and injuries the brain, it can be a life-threatening injury.

All penetrating TBIs are serious and need immediate, medical attention.

Statute of Limitations

One of the first steps in the process of filing a personal injury case is determining the statute of limitations.

The statute of limitations is a deadline set by law for every cause of action.

If a claimant does not file their lawsuit by the statutory deadline, the plaintiff loses the right to sue the defendant.

According to Colorado Revised Statutes §13-80-102(1)(a), plaintiffs suing for traumatic brain injuries caused by torts generally have two years from the date of the injury to file their case, with some notable exceptions.

A Pueblo traumatic brain injury lawyer could help a claimant file their case before all legal deadlines.

Reach Out to a Pueblo Traumatic Brain Injury Attorney

Suffering through a traumatic brain injury can be a challenging ordeal.

The physical strength and mental toughness required to persevere through such an injury are difficult to maintain.

A Pueblo traumatic brain injury lawyer could help you through this process, so you do not have to struggle on your own.

For more information about how an attorney could help your case, call today.