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Traumatic brain injuries can impact nearly every area of a victim’s life. They can cause problems with employment, communication, mobility, and even daily activities that were once taken for granted. If you suffered a severe head injury due to someone else’s negligence, a Bridgeport brain injury lawyer can explain your legal options.
Brain injury cases are some of the most complicated personal injury cases because they often require significant evidence regarding medical treatment, long-term needs, and financial damages.
Founded by Louis Rubano and R. J. Weber III, Weber & Rubano has been helping Connecticut residents for decades. The attorneys at Weber & Rubano have over 75 years of experience handling all types of civil litigation, including severe personal injury cases. Assisted by a team of dedicated Bridgeport personal injury attorneys and paralegals, we go the extra mile for our clients and are actively involved in charities, youth organizations, and community events throughout Connecticut.
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When a sudden impact to the head penetrates the skull and disrupts normal brain function, a brain injury can occur. Brain injuries range from mild concussions to serious injuries causing lifelong disability. Some symptoms of brain trauma are recognizable immediately after the accident, while others can take days or weeks to manifest themselves.
There are two types of brain injuries: closed-head and open-head injuries. A closed-head injury occurs when there is damage to the brain that does not penetrate the skull. Closed-head injuries are common in car accidents and falls. When an outside object penetrates the skull and enters brain tissue, an open-head injury has occurred. Open-head injuries can cause devastating or fatal complications.
The brain is responsible for everything from our memories and movement to our speech, emotions, and thinking. Therefore, brain injuries are very serious, even if they initially seem minor.
In 2020, there were roughly 214,110 TBI-related hospital admissions, and in 2023, there were 68,663 TBI-related fatalities. This amounts to more than 586 hospital admissions and 190 TBI-related fatalities every day.
Head injuries can result from any type of accident or trauma. In fact, motor vehicle accidents are one of the leading causes of serious brain injuries in Connecticut. High-speed crashes on I-95 and Route 8 can cause significant head trauma to the victims who are involved. Other types of brain injury accidents that our firm frequently handles are listed below:
Symptoms of brain injuries vary depending on the severity of the injury. While some symptoms may be noticeable right after the accident, others may not be noticeable for days or weeks. Some common symptoms of a brain injury are listed below:
In more severe cases, a person could suffer loss of consciousness and paralysis. Due to the fact that some symptoms of brain injuries take time to develop, it is crucial to seek medical attention after an accident, even if you feel fine.
Connecticut General Statutes § 52-572h outlines Connecticut’s modified comparative negligence law. Under this statute, an injured victim can recover financial compensation if they were not more than 50% responsible for causing the accident. However, their award of compensation is reduced by their percentage of fault.
Connecticut General Statutes § 52-584 requires most personal injury claims to be filed within two years from the date of injury. If a claim is not filed within the statute of limitations, an injured victim may be barred from filing a claim for monetary damages. Our Bridgeport brain injury lawyers can assess your accident to determine what laws may apply to your claim. We understand the timeline of brain injury cases.
Being injured in an accident that resulted in traumatic brain injury does not always mean that you have a valid legal claim. A person typically has to prove the items listed below in a brain injury case:
Negligence must first be established by showing that another party failed to exercise reasonable care given the situation. For example, a driver has a responsibility to operate their vehicle safely. Property owners should maintain their property free of unreasonable dangers. Medical professionals have a duty to provide treatment that meets the accepted standard of care. If another party breaches that duty and causes harm, they could be considered negligent.
The next element requires proof of the injury itself. More serious brain injuries are often validated by visible physical injuries and cognitive limitations. However, some brain injuries, such as concussions, can leave few obvious symptoms that can be used to validate an injury claim. A seasoned Bridgeport brain injury lawyer can help you navigate these difficulties.
The final element of proving a brain injury claim requires that you prove causation. In other words, you must be able to prove that your accident caused your brain injury. This is typically one of the more contested elements of a claim. Insurance companies and opposing counsel may argue that your symptoms are caused by a preexisting condition or are not really caused by the accident.
A primary difference between brain injury claims and other types of injury cases is often the amount of medical evidence necessary to prove a claim. Medical records and professional testimony play important roles in most personal injury claims, but successfully proving that negligence caused a brain injury can be particularly complex. Some examples of common types of relevant supporting evidence are listed below:
While this evidence is helpful in proving that a brain injury occurred, it can be difficult to prove that a traumatic incident caused the injury, particularly if symptoms did not present immediately or if they are subtle. Statements from medical professionals may be necessary to prove that an individual suffered from a brain injury. An experienced Bridgeport brain injury attorney can work with these professionals to evaluate the extent of a brain injury and its connection to the accident.
Brain injuries often lead to significant economic and non-economic damages. Financial recovery may be available for emergency room visits, hospitalization, rehabilitative therapy, medication, and lost wages. It can also be obtained for future expected costs associated with the injury, such as long-term care.
Non-economic damages may compensate victims of brain injuries for pain and suffering, emotional distress, cognitive limitations, loss of enjoyment of life, and permanent disability. Some brain injuries cause permanent harm that requires round-the-clock care and support.
Because brain injuries can lead to lifelong consequences, a successful claim can help see that a victim has financial resources to pay for future treatment. A local attorney can play a vital role in seeing that victims receive compensation by investigating the facts, evaluating liability, and building a strong claim on behalf of their client.
Your legal counsel can consult with professionals, anticipating the insurance company’s probable lines of attack. For example, the insurance company may claim that symptoms were preexisting or that the injury was not caused by the accident. You can hire a brain injury lawyer to help you with obstacles in filing your claim.
Yes, a brain injury can affect personality and behavior. Depending on which part of the brain is affected by a traumatic brain injury, there can be personality changes and possible mood swings. Someone can become more irritable, depressed, or anxious. There can be a lack of emotional control.
These changes can cause problems with family, friends, and coworkers. Sometimes behavioral symptoms can be more prevalent than physical symptoms. The behavioral symptoms can require continuous treatment or counseling.
Traumatic brain injury sufferers may experience a higher risk of future health problems. Depending on the extent of the brain injury they experience, possible long-term effects include persistent headaches, memory problems, mental deterioration, sleep problems, and psychological conditions. Those who maintain regular contact with their physician can often catch issues early.
Yes. Depending on the severity of your child’s brain injury, their ability to learn, process emotions, and relate to others can be affected. Some children may have learning difficulties, problems paying attention or remembering information, or behave differently as they grow older. It may be necessary to monitor your child for many years, as their brain is still developing.
The recovery time depends on the extent of your injury and your general health. For some, a mild concussion may take a few weeks to recover. For others, symptoms can last for years. Moderate and severe brain injuries typically require long-term rehabilitation, therapy, and medical care to help manage permanent physical and mental effects.
If you or a loved one suffered a brain injury in Bridgeport due to another party’s negligence, Weber & Rubano can help you hold the responsible party accountable. We can inform you of your rights and advocate for you. Contact us to discuss your brain injury claim and to learn more about your case.
Whether you’ve been injured or are facing criminal charges, our team is ready to fight for you.
Contact us today — there’s no fee unless we win.
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