Brain Injury Attorneys
If you suffered a brain injury due to someone’s negligent conduct, contact the Law Offices of David L. Powell immediately to talk to us about what happened. We can review the circumstances and determine whether we can represent you in your case. You might be entitled to compensation from the negligent party for your injury and resulting expenses.
Damage to the brain can interfere with normal functioning. Sometimes, accident victims recover completely after minor brain trauma. However, there are situations when the damage is permanent and can lead to disabilities. It might not be possible to return to work or perform everyday tasks, such as driving.
Various factors could result in an injury to the brain. Car crashes commonly cause concussions, a mild type of traumatic brain injury. If someone falls and hits their head on the ground, the force of the impact could affect the brain. Symptoms are often serious and disruptive to a person’s daily routine. Complications can develop that impair physical and mental abilities.
The Law Offices of David L. Powell knows how traumatic sustaining a brain injury can be. The accident was someone else’s fault, and now you have to suffer the consequences of their actions. You should not be financially responsible for your medical treatment and other costs. The negligent party should be liable for your injury. You have a right to pursue legal action and the maximum available compensation.
Our Farmington brain injury attorneys understand the struggles you face after an accident. It can be overwhelming when you’re trying to heal a serious injury and hold someone else accountable for the harm they caused at the same time. You won’t have to go through this difficult ordeal alone. Our legal team will remain in your corner from start to finish of the process and guide you through each step until the end.
Call the personal injury lawyers of the Law Offices of David L. Powell at 479-222-6773 for your free case evaluation today. We represent injured clients in Arkansas and Oklahoma.
Common Types of Brain Injuries
A brain injury can result from a range of scenarios. Symptoms typically begin right after the trauma takes place. However, the symptoms of some types of brain injuries might not appear until days or even weeks later.
A mild brain injury could require some medical intervention but likely needs mostly rest and time to heal. Many people regain cognitive abilities when they recover and don’t experience complications. A severe brain injury will likely need emergency medical care and ongoing treatment. The victim could experience complications and suffer permanent effects from the injury.
There are two main types of brain injuries.
Non-Traumatic Brain Injury
Multiple contributing factors can cause a non-traumatic brain injury, including:
- Oxygen deprivation
- Cardiac arrest
- Metabolic disorder
Physical trauma to the head or brain doesn’t cause a non-traumatic brain injury. Something internal and nonviolent is often the reason for the injury. The two most common causes of non-traumatic brain injuries are:
- Hypoxia – The brain doesn’t receive the normal amount of blood flow with a hypoxic injury. This causes a reduction in the amount of oxygen to the brain.
- Anoxia – Anoxia is when the brain doesn’t receive any oxygen. Brain cells begin to die within four minutes of oxygen deprivation.
Traumatic Brain Injury
A traumatic brain injury (TBI) happens when the body or head suffers a violent jolt or blow. A penetrating injury could also cause a TBI. For example, shrapnel from a car accident could pierce the skull, damaging the brain.
A person could suffer one of the multiple classifications of a TBI. The classification the injury falls under depends on how it happened. These classifications include:
- Diffuse axonal injury – A diffuse axonal injury happens when the brain shifts and rotates inside the skull, causing a tearing of the long connecting nerve fibers. The brain suffers microscopic changes that could result in a coma.
- Penetrating brain injury – A penetrating brain injury results from an object fracturing the skull and entering the brain. Internal bleeding and other complications can arise and become life-threatening if left untreated.
- Concussion – A violent and sudden blow to the head or rapid movement of the brain can cause a concussion. This type of brain injury disrupts functioning and can cause temporary symptoms, such as coordination issues, headaches, and memory loss.
- Intracranial hematoma – Damage to the wall of a blood vessel can cause blood to seep out and collect outside of the vessel. An intracranial hematoma refers to the collection of blood outside the vessel in the brain.
- Coup-contrecoup – Coup-contrecoup injuries result from two separate impacts. First, an external force causes the brain to move forward inside the skull, impacting the front of the skull. The second injury happens when the brain rebounds off the front of the skull and crashes into the back.
- Contusion – A contusion is a bruise to the brain from some sort of trauma to the head. It can cause swelling and bleeding at the site of the injury.
A brain injury can range from mild to severe. The most common symptoms of a traumatic brain injury depend on how the injury occurred and the severity of the physical damage.
A mild TBI happens when the head experiences a blow, jolt, or bump, causing the brain to move around inside the skull. Symptoms might be apparent in the immediate aftermath of the accident or appear days or weeks later. Typically, the damage is only temporary. With prompt and adequate treatment, the injury could heal entirely.
The most common symptoms of a mild TBI include:
- Drowsiness or fatigue
- Troubles with speech
- Loss of balance or dizziness
- Feeling depressed or anxious
- Blurry vision
- Changes in mood
- Nausea or vomiting
- Difficulty sleeping or sleeping more than usual
- Sound or light sensitivity
- Problems with concentration or memory
- Loss of consciousness for a few seconds up to a few minutes
Moderate to Severe TBI
A jolt, blow, or bump to the head or penetrating injury can cause a severe traumatic brain injury. Symptoms can start within a couple of hours of the injury or appear days after. The cells, tissue, and nerves in the brain might suffer permanent damage resulting in long-term effects. Many people recover with necessary and consistent treatment. However, others develop a disability or suffer lifelong complications.
The most common symptoms of a moderate to severe traumatic brain injury include:
- Repeated vomiting or nausea
- Loss of consciousness for several minutes to hours
- Loss of coordination
- Profound confusion
- Dilated pupil in one or both eyes
- Slurred speech
- Weakness or numbness in the fingers and toes
- A worsening or persistent headache
- Coma and other consciousness disorders
- Convulsions or seizures
- Agitation, combativeness, and other unusual behavior
- Inability to wake up from sleep
Children often exhibit TBI symptoms that can differ from the symptoms adults experience. Some kids can’t communicate how they feel and might not understand what’s happening to them. It’s critical to look for common signs of a TBI in young children, such as:
- Sad or depressed mood
- Sleep habit changes
- Changes in eating or nursing routine
- Reduced or lost attentiveness
- Persistent crying and inability to be consoled
- Loss of interest in favorite toys and activities
A doctor can examine someone after an accident to diagnose a brain injury. It might require a CT scan to determine the site of the injury and the severity of the damage. Imaging tests can also uncover brain swelling, bleeding, and other complications. You must go to the hospital immediately after suffering an injury to the head to begin treatment.
Most Common Causes of Brain Injuries
A brain injury can result from various circumstances. At the Law Offices of David L. Powell, our brain injury attorneys in Fort Smith, AR, have experience holding people liable for causing brain injuries in incidents such as:
- Truck accidents
- Medical malpractice
- Car accidents
- Slip and falls
If your brain injury happened due to someone else’s negligence, reach out to us to learn about your available legal options. We can investigate the accident and gather evidence to prove fault, and try to resolve your case favorably.
Compensation Available for Brain Injuries
You could file an insurance claim or lawsuit to pursue the money owed to you for your injury. The compensation you receive might compensate you for a range of past and future losses, including:
- Mental anguish
- Scarring and disfigurement
- Medical bills
- Loss of enjoyment of life
- Pain and suffering
- Lost wages
- Lost earning capacity
- Property damage
You could also recover punitive damages. However, this form of compensation is only available in a lawsuit. You must prove the defendant is liable for compensation for your losses and, through clear and convincing evidence, that one or both of the aggravating factors below existed when you sustained the injury:
- The defendant knew or should have known that their actions would cause an injury or damage and continued with the misconduct with malice or reckless disregard for consequences
- The defendant intentionally engaged in acts to cause an injury or damage
Statute of Limitations for Filing a Lawsuit
In Arkansas, you must file your lawsuit during the three-year period established by the statute of limitations to hold someone responsible for an injury. That means you have three years from the date of the accident to initiate the lawsuit in court. If the statutory period expires before you file, you will likely lose your right to seek compensation for your losses through the court.
At the Law Offices of David L. Powell, our Farmington brain injury attorneys are ready to fight for the justice you deserve. We believe in helping accident victims stand up to negligent parties and hold them accountable for the harm they cause.
We serve clients in our offices in these cities:
- Ozark, AR
- Sallisaw, OK
- Fort Smith, AR
- Farmington, AR
If someone’s negligence caused your brain injury in an accident, do not hesitate to call the Law Offices of David L. Powell at 479-222-6773 for your free case evaluation.