Brain injuries are far more common than you may imagine. Approximately 1.7 million people in the United States suffer from a traumatic brain injury (TBI) every year.
Many brain injuries are the direct result of someone’s negligent action, whether it be through a car accident, medical error, or a slip and fall on someone’s property.
Unfortunately, for many people, the effects of trauma on the brain are ongoing and can lead to concerns with mobility. A brain injury can also impact memory, mental health, and cognitive function.
You may be entitled to compensation if you or a loved one has sustained a brain injury due to someone else’s negligent action or inaction. You deserve a brain injury lawyer sensitive to your needs and skilled in navigating the Pennsylvania legal system.
The compassionate legal professionals at Rosen Justice Injury Lawyers have over 75 years of combined experience fighting for victims like you in Philadelphia. We’ve helped our clients achieve justice and compensation when they suffer brain injuries caused by another person’s conduct.
We can advise you of your rights after you’ve experienced a brain injury and help you obtain the compensation you deserve.
Pennsylvania Traumatic Brain Injury Statistics
According to the 2020 and 2021 reports from the Pennsylvania Traumatic Brain Injury Advisory Board, brain injuries are a significant concern. Here are some of the statistics compiled by the organization:
- Over 209,800 people in Pennsylvania are living with brain injury-related disabilities;
- Approximately 138,600 people in the state sustain a brain injury every year;
- There are nearly 2,000 brain injury-related fatalities each year;
- 11,088 people are hospitalized each year due to brain injuries; and
- Brain injuries result in over 15,800 emergency room visits each year.
The leading cause of brain injuries in Pennsylvania is falling (47%), followed by being struck by or against an object (14%), traffic accidents (9%), and assaults (8%).
Do You Have a Brain Injury Case?
The medical costs for a brain injury can be astronomical, and the physical, emotional, and mental strain can be just as significant. If you have sustained a brain injury due to someone else’s negligent action or inaction, you may be eligible for compensation for your injuries through a personal injury claim.
Most personal injury claims require victims to prove negligence against the at-fault party. A negligence claim involves establishing the following:
- Duty of care—the responsible party owes you and others a duty of care to act reasonably, which means not being careless or reckless and conforming with the law;
- Breach of duty—the responsible party breaches that duty when they, for example, break the law;
- Causation—the responsible party caused an accident or your injury because they breached their duty of care; and
- Damages—this caused you physical, financial, or emotional harm.
Although people often want to file a lawsuit, many brain injury cases start with an insurance claim against the negligent party. Insurance companies often try to settle these claims well before they ever get filed in court.
You do not have to accept the first settlement offer from an insurance company. Your brain injury lawyer can help you determine the value of your settlement and negotiate on your behalf. If a fair settlement agreement cannot be reached, you may file a lawsuit and fight your case in court.
Types of Brain Injuries
Not all brain injuries are the same, but all can greatly impact the health and well-being of the injury victim and their loved ones. Here are some of the most common types of brain injuries:
- Blood clot or hematoma,
- Skull fracture,
- Edema, and
- Skull penetration.
Your brain injury attorney can help you investigate the cause of your injury and work with your doctor to understand your prognosis.
What Is the Average Brain Injury Settlement?
Every brain injury case is unique, making it difficult to determine an average brain injury settlement amount. Depending on your specific situation, your settlement amount may include compensation for the following:
- Current and future medical expenses,
- Lost wages
- Loss of your future earning potential,
- Costs of long-term care,
- Pain and suffering, and
- Post-traumatic stress.
There are some factors that impact brain injury compensation and settlements. For example, the severity of your injury and the impact of your brain injury on your life are important factors in calculating your potential compensation. Brain injuries can range from mild to debilitating.
Some victims will return to work within a few weeks, thus minimizing their potential lost wages and medical costs.
Others may never be able to return to their former lifestyle and instead find themselves dependent on others for even small tasks. Their compensation would likely include the loss of their future earning potential and significant medical bills.
How Much Does a Brain Injury Lawyer Cost?
Fear of expensive legal fees is one of the biggest reasons injury victims decide not to speak to an attorney. At Rosen Justice Injury Lawyers, we do not get paid unless you do.
We work on contingency, which allows you to focus on healing instead of worrying about paying a lawyer. Thus, you have nothing to lose by calling us to see if you have a viable case.
How a Lawyer Can Help You with Your Brain Injury Case
Coping with a brain injury can mean big changes for the injury victim and their loved ones. Trying to navigate the legal system in Philadelphia while also trying to heal and learn to adjust can add unnecessary stress to an already stressful situation.
A brain injury attorney can help by:
- Conducting an independent investigation into the cause of your brain injury;
- Determining who should be held legally responsible;
- Gathering evidence to build and prove your case;
- Estimating the actual value of your claim, including future costs;
- Negotiating with the insurance company and pursuing litigation if necessary;
- Finding expert witnesses; and
- Handling all paperwork associated with your claim.
In Pennsylvania, you have two years to bring a cause of action for personal injury, which may seem like a lot of time, but it passes by faster than you would imagine.
This is why you should contact an experienced brain injury attorney, like those at our office, to address your case before time runs out.
How to Choose a Brain Injury Lawyer
One of the most important attributes of a good brain injury lawyer is their commitment to getting you the compensation you deserve. You want an attorney who is an experienced negotiator and an aggressive litigator.
You need someone who will keep your story and your needs central to any legal strategy. If you are in the Philadelphia area, Rosen Justice Injury Lawyers fit this bill.
Contact Rosen Justice Injury Lawyers Today
At Rosen Justice Injury Lawyers, we have a reputation for aggressively representing injury victims in and around Philadelphia. We understand that moving on after a serious injury is difficult without fair compensation.