Head and brain injuries are among the most serious type of injuries anyone can suffer short of death. Whether or not the brain is affected, a head injury can be severe, requiring surgery and a long recovery period, or even resulting in death. If there is a traumatic brain injury involved, there are even more possible dangers and complications. Either way, a head and/or brain injury is likely to be a life-changing experience for the victim and his or her loved ones, including involving overwhelming physical, emotional, and financial damages.
If you live in Middle Tennessee, you are fortunate to have Cummings Law, a superior personal injury practice, situated in Nashville. Brian Cummings has the aggressive negotiation and litigation skills to win your case and the empathy to support you through this extremely challenging time. We have a track record of successful outcomes so you can put your trust in us — we want the next substantial settlement we win to be for you and your family.
When Your Head or Brain Injury Is Caused by Another
If you have suffered a head or brain injury because of the negligence, medical malpractice, or malice of another person, you are entitled to significant compensation for your pain, loss of income, and any resulting impairment. If there was extreme misconduct involved that resulted in your injury, a highly capable personal injury attorney may also be able to win you punitive damages.
If you have experienced the horror of losing a family member in a wrongful death because of a head/brain injury, your family also has legal rights to receive damages. In order to obtain the compensation you deserve, you will probably have to sue the responsible party. This is where seeking out a first-rate personal attorney becomes a priority, including because injured people who retain an experienced attorney receive up to three times more money damages than those people who do not retain a top-notch attorney.
Causes of Head/Brain Injuries
Injuries of the head and brain frequently result from one of the following:
- Vehicular accidents
- Medical malpractice
- Medication errors
- Physical assaults
- Sports-related injuries
- Shaken-baby syndrome (which can also occur in adults)
- Falling debris
The skull is well-designed to protect the brain from injury, so in some cases, the scalp may be banged, cut, or bruised (a closed head injury) without resulting in a traumatic brain injury (TBI). Sadly, however, open head injuries in which the skull is fractured or penetrated most often cause permanent brain injuries, ranging from mild concussions to mental or emotional impairment, paralysis, or loss or sight or hearing.
Types of Head and Brain Injuries
A great many kinds of head and brain damage that may occur during a serious accident or an act of violence, including:
- Hematoma — clotting of blood vessels
- Hemorrhage — uncontrolled bleeding
- Concussion — the brain hits the skull
- Edema — swelling of the brain, pressing it against the skull
- Skull fracture — a crack or break in the skull bone
- Diffuse axonal injury — caused by strong shaking or rotation of the head
- Penetration injury — the head is impacted by a knife, bullet, or falling debris
- Hypoxic brain injury — the brain receives insufficient oxygen
- Anoxic Brain Injury — the brain is completely deprived of oxygen
Symptoms of a Head/Brain Injury
Depending on the severity of the head/brain injury, victims may suffer symptoms ranging from headaches, nausea and vomiting, lightheadedness, confusion and memory loss to momentary loss of consciousness, prolonged coma or intellectual or psychiatric impairment. Other possible symptoms include memory loss, hearing or sight disturbances, seizures, sleep or balance problems. Traumatic brain injuries are classified as either mild, moderate, or severe, depending upon the number and intensity of the symptoms.
Treatment of Head/Brain Injuries
Those who have suffered severe head/brain injuries will likely need long-term rehabilitative treatment to relearn simple functions such as walking, talking, dressing, bathing, and processing information. In worst case scenarios, patients may remain in a vegetative state, requiring around round-the-clock care through the hiring of someone to serve as a “sitter” for that person.
Cummings Law Will Fight for You Every Step of the Way
Head/brain injuries can change every part of your life and the life of your family members. Victims are typicallyunable to work, require intensive physical, psychological, and occupational therapy, and suffer from some or all of the painful, disorienting symptoms mentioned above.
When you consult with Brian Cummings of Cummings Law, you will realize immediately that you are dealing with a personal injury attorney who has in-depth understanding of the catastrophic effects of the events you’ve experienced to provide you with top-notch legal help. He will provide you with empathy and support and is committed to obtaining every dollar of compensation you deserve. He not only has extensive knowledge of personal injury law in Tennessee, but the power and agility to win your case. Brian Cummings has recovered tens of millions of dollars for his clients and wants nothing more than to fight forcefully for you through skillful negotiation and cutting-edge litigation. As you see his energy level at work, you will understand why he was selected in 2017 and 2018 as an Elite Lawyer of the South by The National Law Journal.
Important Information About Personal Injury Lawsuits in Tennessee
It is always wise to consult a personal injury attorney as quickly as possible when pertinent evidence, both physical and medical, is fresh and witnesses’ memories are still vivid. Also, there is a 1-year statute of limitations in Tennessee for filing a personal injury lawsuit.
You should also be aware of comparative fault law that governs personal injury lawsuits in Tennessee. Even when someone else has been the primary cause of your injury by, for example, neglecting to clean a slippery floor, the courts may decide that, because you did something that may have negligently contributed to cause your injury that you bear some of the responsibility for the accident that resulted in your injuries.
This legal concept is known as modified comparative fault and may be used to reduce the amount of damages your are awarded. In Tennessee, if you are found to bear more than 50 percent of the responsibility for the accident, you will not receive any compensation at all. You should also be aware that Tennessee puts a cap on noneconomic damages such as pain, suffering, and loss of companionship and on awards for particular medical injuries, such as amputation.
Using the example above, if the court finds that you were negligent in a way that contributed to cause your injuries, it may decide that you bear 20 percent of the responsibility for the damages and injuries you suffered. In this case, if the damages you are awarded amount to $100,000, 20 percent of that amount will be deducted from your compensation and you will only receive $80,000. Cummings Law will, however, challenge the defense’s argument that you bear some liability for your own injuries to help maximize your eventual recovery.
Contact Our Nashville Head & Brain Injury Attorney
If you or a loved one has sustained a head/brain injury, you are no doubt devastated and emotional. Let Cummings Law help you get back to a position of strength and stability. We have handled many such cases before and know exactly how to provide you with aggressive legal representation and caring, responsive service. We also know how to win cases and will not charge you any fee until we recover money damages for you and your family. Call us or fill out a contact form on our website so we can help you stop being a victim and start being a winner.