Traumatic Brain Injury And The Value Of Your Personal Injury Case in Oregon

Tim WilliamsAuto Accident, Bend Oregon, Brain Injury, Car Accident, Car Accident Injury, Portland Oregon, traumatic brain injury, Truck Accident, Value of a Collision, Value of a Personal Injury CaseLeave a Comment

The Value Of Your Personal Injury Case in Oregon

When it comes to Personal Injury Cases in Oregon, there are various ways accidents and injuries take place. Certainly nobody wants to be injured, but when it involves car accidents, falls or physical assaults, it is almost inevitable.

The value of each case is dependent on a vast number of factors. These can include the egregious nature of the at-fault driver's actions (i.e., DUI), which is often referred to as “aggravated liability.”  However, in large part, the type of injury and amount of past and future medical expenses, tends to be most decisive in the value of your case. Of course, that isn’t the only factor - permanent disability, scarring, psychological harm, inability to work, etc. are also important factors.

Turning to the type of injuries that can be serious and severe, and frankly more likely to occur than one would assume, is Traumatic Brain Injury.

Here, we will discuss the most common causes of Traumatic Brain Injuries, the value of claims involving that type of injury, and which factors are taken into consideration when determining that valuation.

Traumatic Brain Injury And The Value Of Your Personal Injury Case in Oregon

What Leads to Traumatic Brain Injury?

There are many events and accidents that can lead to Traumatic Brain Injuries.  Some include car crashes, falling/slip and falls and assaults.

As you might imagine, a very common occurrence that causes a TBI is a motor vehicle collision. When you consider the amount of time folks spend in their cars combined with the typical speeds involved, it should come as no surprise that traumatic brain injury cases are prevalent in car accidents.

According to the Centers for Disease Control and Prevention (CDC):

  • Nearly 1.7 Million people experience Traumatic Brain Injuries annually, of which approximately 275,000 are hospitalized
  • Traumatic Brain Injury contributes to 30.5% of all injury-related deaths in the United States
  • Motor vehicle crashes are the third leading cause of Traumatic Brain Injuries overall, and the leading cause of TBIs for individuals aged 20-24.

Long-Term Effects of Traumatic Brain Injury

A Traumatic Brain Injury can significantly damage the quality of an individual's life.  As a result, a Traumatic Brain Injury case should always be closely monitored, as they tend to result in high value claims.

This is true due to several factors, the primary being the long-lasting and intrusive effects TBI has on the life of not only the injured person, but also their family and friends. 

Additionally, traumatic brain injuries and their long-term effects have become more of a focus for healthcare providers in recent years.  The same holds true for the public in general. This is especially true in light of the substantial media attention surrounding player safety and brain injuries to current and former football players in the National Football League (NFL), as well as college and high school sports programs.

Long-term effects of Traumatic Brain Injury can include:

    • Difficulty concentrating on tasks
    • Difficulty remembering newly learned skills and material
    • Slowed speech
    • Easily confused when normal routines are disrupted
    • Difficulty with executive functioning
    • Major personality changes
    • Irritability, aggression, and lethargy
    • Blurred or loss of vision
    • Light sensitivity (photophobia)
    • Feeling overwhelmed when in crowds or confronted with new situations
    • Chronic headaches
    • Balance and basic motor functioning issues

As the concern over brain injuries and their long-lasting effects continues to garner more national attention, there has been an increase in  awareness  and appreciation surrounding brain injuries throughout society, regardless of the cause.  We see this as a positive shift to not only prevent these types of injuries, but to also better treat them and understand the difficulties folks might have who suffer from them.

Value of a Traumatic Brain Injury Personal Injury Case

If you or a loved one have suffered from a Traumatic Brain Injury, you should be aware that the value of your Personal Injury Claim may be substantially higher than other personal injury cases with different types of injuries, such as a soft-tissue/whiplash case.  Factors taken into consideration when determining the value of a Traumatic Brain Injury include, but are not limited to:

  • Physical rehabilitation
  • Neurological rehabilitation
  • Psychological rehabilitation
  • Life Care Costs
  • Past, present, and future physical and mental pain and suffering
  • Loss of future earning capacity
  • Lost wages
  • Personality changes
  • Difficulty with concentration, memory, speech, vision, hearing, taste, etc.

The costs associated with physical, neurological, and psychological rehabilitation along with necessary adaptations for daily activities can be significant, particularly considering the fact many of these requirements may be permanent. 

In Oregon, past and future medical care costs are a central item that an injured person may be awarded at trial, and is a major factor in determining the value of a Traumatic Brain Injury claim.  These medical costs can be astronomical - particularly with severe brain injuries or young victims.

Moreover, the mental pain and suffering (noneconomic damages) can be just as important as the physical pain and suffering when considering the value of a traumatic brain injury case.  This is because with severe Traumatic Brain Injuries, there can be loss of cognitive function; loss of memory or attention; loss of motor function including extremity weakness or impairment; and emotional challenges such as depression, anxiety, personality changes and aggression, which can all justify a large award of damages

Finally, with respect to wage loss and/or loss of earning capacity, and when considering the damages that might be awarded to someone with an injury, Oregon law specifically allows damages to an injured party if his/her earnings will be permanently reduced or destroyed.  Sadly, when it comes to a Traumatic Brain Injury, there is a high likelihood that this will be the case.

These multiple factors contribute to why the value of a Traumatic Brain Injury is often substantially higher than other types of personal injury claims. In the end, a Traumatic Brain Injury can completely derail a person’s life, which must be taken into consideration when resolving the case.

Contact a Committed Oregon Personal Injury Lawyer Today!

When it comes to Traumatic Brain Injury Cases, Dwyer Williams Cherkoss is more experienced than most other Oregon attorneys.  We focus on catastrophic personal injury and crime victim cases, many of which involve TBI claims.  We pride ourselves on our experience and results.

Choose a Personal Injury Attorney that will take your case seriously and who will work tirelessly to get the compensation that you deserve. For dedicated personal injury legal representation, schedule a consultation with the lawyers at Dwyer Williams Cherkoss. Call 1-800-285-8678 today.

Leave a Reply