What Evidence Is Needed for a Traumatic Brain Injury Lawsuit in Ohio?

Succeeding with a traumatic brain injury lawsuit (TBI) in Ohio requires presenting two types of evidence. The first type establishes the direct link between someone else’s negligence or recklessness and the TBI. The second establishes the extent and compensability of the TBI.

“Compensability” is lawyer-speak for “deserving compensation.” Compensation for a TBI can include past and future medical care costs, disability, lost income, pain and suffering, and non economic losses like being unable to care for children and fulfill the duties of a spouse.

Examples of Negligence in Traumatic Brain Injury

Each case requires its own specific evidence, but providing general examples is possible. For instance, a driver who causes a car crash that leaves a person in another vehicle suffering from a TBI would be negligent or reckless. Similarly, a patient who suffers a loss of oxygen during a surgery could possible be due to an anesthesiologist’s negligence.

Importantly, Ohio courts recognize the legal principle of comparative negligence. This means that, in order to succeed with an insurance claim or civil lawsuit, a TBI victim only needs to prove that the defendant bears 51 percent or more of the responsibility for inflicting the brain injury. Compensation may be reduced to reflect the amount of responsibility shared by the victim.

Showing That a Negligent or Reckless Act Inflicted a Brain Injury

The evidence that a person suffered a TBI can be very clear-cut. For instance, almost no one will doubt that a fall or a crash caused by a truck driver that results in a fractured skull could seriously injure a person’s brain. Likewise, a person who becomes paralyzed or requires assistance with activities of daily living—getting in and out of bed, brushing one’s teeth, dressing—should encounter minimal push back when claiming to suffer from a traumatic brain injury.

However, closed head injuries can draw questions from insurance company representatives and jurors. In a case where legitimate doubts about the existence of a TBI can be raised, the person who files an insurance claim or lawsuit can rely on:

  • Diagnoses from doctors and medical specialists like neurologists;
  • Assessments by occupational therapists and vocational experts;
  • Examinations by psychologists and psychiatrists; and
  • Testimony from friends, family members, and co-workers.

Statements made by the people who know the TBI victim best will carry a lot of weight. The changes a person undergoes following a TBI can be profound even if they are not immediately apparent.

TBI symptoms can include, but are not limited to:

  • Headaches;
  • Tingling and numbness in different parts of the body;
  • Mood swings that run the gamut from deep depressions to uncontrollable rages;
  • Difficulties forming and retaining new memories;
  • Problems understanding and communicating ideas; and
  • Trouble remembering to take care of oneself by, for instance, eating and bathing.

Loved ones and close companions can speak powerfully about these often hidden TBI symptoms that also take a toll on them.

Assistance From an Ohio TBI Attorney

Our experience in advising and representing TBI victims in Columbus and across the state of Ohio is that insurance companies will try to minimize or deny settlements for even the most obvious brain injuries. This unfortunate reality makes gathering, organizing, and presenting clear, convincing evidence from experts and the individuals who live and work with the brain injury victim doubly important.

If you or your family needs help with a TBI case, let our Columbus traumatic brain injury lawyers know how we can be of service. We offer free consultations on all types of personal injury claims, and we take appointments online. You can also speak with an attorney at Barkan Meizlish, LLP, by calling (614) 221-4221.

What Compensation Can I Receive for My Traumatic Brain Injury

Traumatic Brain Injuries (TBI) are some of the most catastrophic injuries that a person can suffer. This fact is only compounded if a TBI occurred as a result of another’s negligent or reckless behavior. Do not let your TBI go without receiving compensation from the responsible party. Contact the legal professionals at Barkan Meizlish, LLP to help protect your interests and obtain the compensation you deserve. Our experienced legal team has the knowledge and expertise to achieve justice for your injury.

The Centers for Disease Control (CDC) estimates that more than 5.3 million people in the U.S. are suffering from lifelong disabilities caused by traumatic brain injury. In each of these cases, the person who is suffering from the injury will have a drastically altered life that is filled with frequent medical appointments, possible reduced mobility and quality of life. If you have been involved in an accident or medical incident that has led to a TBI, there are actions you can take to ensure that you are compensated for your injury.

Here are some common incidents in which TBIs typically occur:

  • Car Accidents — A large percentage of traumatic brain injuries come as a result of car crashes. High-impact accidents can often result in internal collisions of the brain and the skull, which can cause traumatic brain injuries. If you were injured in car accident that was the fault of a negligent or reckless person, contact the traumatic brain injury attorneys at Barkan Meizlish, LLP.
  • Falls — An alarmingly large number of TBI cases are a direct result of falls. These incidents, too, can be caused by someone else’s negligent or reckless behavior. Businesses could not properly warn you of a wet floor or properly clear their walkways of snow and ice leading to a fall. If this applies to you, contact the traumatic brain injury attorneys at Barkan Meizlish, LLP.
  • Assaults — Personal violent attacks also account for a number of traumatic brain injuries. If you have been assaulted, you can hold your attacker liable for the injury you have suffered. Contact the traumatic brain injury attorneys at Barkan Meizlish, LLP.

If you have suffered a traumatic brain injury as a result of another’s behavior, we can pursue litigation so that you can received compensation for the following:

  • Medical Bills — The medical procedures that follow a severe injury are expensive. If you were injured as a result of another party’s negligence, you can receive compensation for your medical bills.
  • Future Medical Care — With a substantial, severe injury like a TBI, your expenses likely will not end with initial treatment. You will often need further rehabilitation and medical care. You can receive compensation for the future expenses.
  • Lost Wages and Earning Ability — After such a dramatic injury, your life likely will no longer be the same. This includes your ability to earn a living. We will seek compensation for current lost wages as well as your diminished ability to earn a living following the injury.

Contact Us

If you are injured as a result of another’s negligence, then you should understand your options for pursuing compensation. Our dedicated, professional legal staff can help answer any questions about TBIs or other personal injuries. The Columbus traumatic brain injury attorneys with Barkan Meizlish, LLP are skilled and experienced in helping clients.

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