Lexington Brain Injury Attorneys Seek Maximum Compensation
Dedicated representation for severely injured clients
A brain injury can be catastrophic, altering the victim’s life forever. When the injury results from someone’s negligence, recklessness or deliberate criminal act, justice must be served, and the victim must receive the maximum compensation possible. At the Banks Law Office, PLLC, our personal injuries attorneys are determined to deliver results for our clients, especially in cases of permanently disabling injuries that require a lifetime of care. If your loved one has suffered a traumatic brain injury from an auto accident, slip and fall, or another injury event, you can trust our skilled lawyers to fight tirelessly on your behalf.
How our Lexington lawyers prove liability in your brain injury case
Generally speaking, the main elements an attorney must prove in a brain injury case are:
- Negligence — Most accident cases arise because someone who had a duty to be careful acted carelessly. For example, a driver looked down at a cellphone to read or send a text message instead of keeping his eyes on the road. Or a business proprietor who had a duty to make her premises reasonably safe for customers piled merchandise precariously on shelves, creating a hazard. However, if the injury resulted from a deliberate assault, a conviction in criminal court would relieve the plaintiff from the burden of proving this element.
- Causation — The negligent act must have caused the injury. Here, lawyers often use a “but for” construction to describe this issue. “But for” the driver looking at his cellphone, the auto accident never would have happened, or “but for” the precarious piles of merchandise, the paint can would never have fallen off the shelf, striking the victim.
- Damages — This term covers all the losses, economic and noneconomic, the victim suffered. With respect to brain injuries, it can be very difficult to prove the extent of the harm, because diagnostic testing does not always reveal loss of function. Defense lawyers are wary of victims faking symptoms that cannot be proved, so plaintiff’s attorneys must carefully document symptoms and call qualified experts to testify about a victim’s diagnosis and prognosis for recovery.
Our extensive experience handling catastrophic injury cases, including neck and spine injuries, means we will thoroughly investigate every aspect of your case to assemble the evidence necessary to prove each of these elements.
What damages are available to victims of brain injury?
Brain injury occurs in various ways. A concussive force or a blunt object can strike the skull, destroying tissue and causing swelling to the brain that exacerbates the damage. Violent shaking can cause the brain to move within the cranium, resulting in shredding of tissue and bleeding. Or an object can penetrate the skull, directly destroying brain tissue. When any of these events occurs, the victim can experience a wide range of symptoms, including:
- Loss of motor skills and coordination
- Loss of cognitive ability
- Loss of emotional control
- Mood swings and personality changes
- Speech difficulties
As a result, the victim may not be able to work and may require assistance with the basic tasks of living. Therefore, a victim of brain injury may be entitled to monetary compensation for:
- Lost wages over the course of a normal lifetime
- Medical expenses from the moment of the accident into the extended future
- Costs of rehabilitation, home healthcare, and other necessary assistance
- Costs associated with remodeling a home to accommodate disabilities
- Physical pain
- Emotional suffering
- Loss of quality of life
- Loss of enjoyment of life
- Loss of consortium
No two brain injuries are exactly alike, so it is difficult to ascertain the full extent of the injuries or to project the likelihood of a victim’s recovery. As your attorneys, we work tirelessly to assemble the evidence necessary to maximize your damage award.
Contact our Lexington personal injury lawyers for your brain injury case
The Banks Law Office, PLLC provides skilled and dedicated legal representation in traumatic brain injury cases. Our office is conveniently located in Lexington near the intersection of Richmond Road and Man o’ War Boulevard. Call us today at 859-300-3160 or contact our office online to schedule a free consultation.