Anytime someone receives an injury, it is unfortunate. Injuries to the head can be particularly troubling. Traumatic brain injuries can have a lasting impact long after the accident occurs.
When another person caused the accident that led to your head damage, you do not have to bear the consequences on your own or out of your own pocket. An Allentown traumatic brain injury lawyer could help you receive payment for the costs of your injury by protecting and asserting your legal right to hold the person who injured you financially responsible for your losses. Our catastrophic injury attorneys could handle your claim while you focus on recovery.
There are a number of different situations that can lead to traumatic brain injuries. Some of the more common include:
Each of these incidents requires different types of evidence and utilizing a variety of experts, so it is important to hire a legal representative experienced in these areas.
Traumatic brain injuries are unique in that calculating the damages an injured person can receive may require looking far into the future. Compensation a person may be able to recover includes past and future medical expenses, loss of wages, diminished earning capacity, and loss of enjoyment of life, among other things. Moreover, the extent of traumatic brain injuries can be difficult to prove and requires a legal team to work closely and extensively with the appropriate medical experts. It is important to hire an Allentown attorney who has a track record of handling traumatic brain injuries specifically, in addition to experience with the type of accident that led to the injury.
Brain injuries vary widely, and each type carries its own risks and long-term challenges.
Even minor brain injuries can alter mood, concentration, and work performance. More serious cases often require long-term rehabilitation, adaptive care, and significant lifestyle adjustments for both the injured person and their family.
The first step in any injury claim is to make sure the injured person receives the appropriate medical treatment. An Allentown lawyer who has experience with traumatic brain injuries could recommend and make connections with specialists or other providers that other clients have found useful. Injuries to the brain are not always readily apparent and can manifest in a multitude of ways, but some frequent symptoms could include:
In some situations, these and other symptoms of traumatic brain injuries may not present themselves immediately after an accident. It is best to see an appropriate specialist any time a severe accident that impacts the head occurs and to keep careful track of how symptoms progress in the days and weeks that follow the wreck.
Pennsylvania law places strict limits on how long someone has to file a personal injury lawsuit. Under 42 Pennsylvania Consolidated Statutes § 5524, most brain injury claims must be brought within two years of the accident. Missing this window can prevent recovery entirely. If the case involves a state or local government agency, the rules are even tighter. Written notice must be provided within six months, and damages are capped by statute under 42 Pa.C.S. §§ 8528 and 8553.
The state also applies a modified comparative negligence standard. An injured person can still receive compensation as long as they are not more than 50 percent responsible for the accident. However, any award is reduced by their share of fault.
Motor vehicle crashes create additional complications. Pennsylvania uses a limited-tort and full-tort insurance system. Limited-tort policies restrict claims for pain and suffering unless the injury qualifies as a serious impairment. A traumatic brain injury often meets this definition, allowing broader recovery even with limited coverage.
Building a successful brain injury case in Pennsylvania depends on the strength of the evidence. Attorneys frequently collect a wide range of documents, such as:
These materials help show the seriousness of the injury and how it affects daily life. Damages can include medical expenses, rehabilitation, long-term care, lost wages, diminished earning ability, and pain and suffering. In cases involving reckless conduct, punitive damages may also come into play.
Families often become the foundation of recovery. Loved ones can assist with emotional support, track appointments, and keep careful notes on progress and setbacks. These efforts not only aid healing but also provide valuable documentation that supports the legal claim. Working with an experienced Pennsylvania brain injury lawyer allows families to focus on care while the attorney manages deadlines, evidence, and negotiations.
Severe injuries to the head are complicated and can affect your life in several ways and for a number of years. Working with an experienced attorney could help you ensure the compensation you seek from the person responsible for your injury is sufficient to cover your future medical costs and the changes forced upon your everyday life from the injury.
Contact an Allentown traumatic brain injury lawyer today to see how we can help you in your specific situation.
