A traumatic brain injury (TBI) is the start of a long, often lifelong, journey. When someone else's negligence causes a TBI, the victim and their family are left to navigate a world of complex medical treatments, emotional trauma, and staggering financial burdens.
A successful personal injury lawsuit can't reverse the damage, but it can provide a critical financial lifeline. It can offer the funds necessary to pay for the extensive support services a TBI survivor needs to reclaim their life.
At Oakes Firm, we know that a brain injury settlement is more than just a lump sum of money. It's a key that can unlock access to the specialized care, therapies, and resources essential for recovery.
Our aggressive and compassionate approach is focused on not only winning your case but on meticulously calculating the full, long-term costs of your care. We fight to ensure your settlement covers every support service you'll need, from initial hospitalization to a lifetime of rehabilitation and assistance.
We break down the wide range of support services that can and should be covered in a TBI settlement. We'll explore the different types of damages our firm pursues, focusing specifically on how these apply to clients in Pennsylvania.
Our goal is to secure full compensation, accounting for every past, present, and future need. We'll detail the specific support services, from immediate medical care to lifelong rehabilitation and personal assistance, that are essential for a TBI survivor's recovery and quality of life.
Speak with an experienced traumatic injury lawyer at Oakes Firm today — your path to justice starts here.
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Compensatory Damages (Economic Damages)
In a TBI settlement, the foundation of your recovery is built on compensatory damages. These are designed to make you financially whole again by covering both the economic and non-economic losses you've suffered. These damages are what pay for the support services that are so critical to a TBI survivor's life.
1. Medical Expenses
Medical expenses are often the most immediate and significant cost of a TBI. Your settlement should cover a full spectrum of medical care, from the initial emergency response to long-term care.
- Emergency Care and Hospitalization: This includes the ambulance ride, emergency room treatment, and any necessary surgeries or intensive care unit (ICU) stays.
- Physician and Specialist Visits: TBI survivors require ongoing care from a team of specialists, including neurologists, neurosurgeons, and physiatrists. Your settlement should cover all past and future appointments.
- Diagnostic Tests: TBI diagnosis and monitoring often involve costly imaging like CT scans, MRIs, and neuropsychological evaluations.
- Medication: A TBI can lead to a lifetime of prescription medications, including pain relievers, anti-depressants, anti-seizure medication, and drugs to improve cognitive function. A comprehensive settlement accounts for these recurring costs.
- Assistive Devices: Many TBI survivors require assistive devices such as wheelchairs, walkers, or modified vehicles. These costs can be substantial and must be included in your claim.
2. Rehabilitation and Therapy
Recovery from a TBI is an intensive process that almost always requires a multi-faceted rehabilitation plan. A TBI settlement should provide the financial resources to access these essential therapies.
- Physical Therapy: To help with mobility, balance, and coordination issues that often follow a brain injury.
- Occupational Therapy: Focused on regaining the skills needed for daily living, such as eating, dressing, and performing household tasks.
- Speech and Language Therapy: To address aphasia, slurred speech, and other communication difficulties caused by the TBI.
- Cognitive Rehabilitation: This therapy is designed to help the survivor manage memory loss, attention deficits, and executive function problems.
- Vocational Rehabilitation: For survivors who are able to return to work, this service provides job coaching, skill-building, and assistance with finding suitable employment.
Non-Economic Damages
While medical bills and lost wages are quantifiable, a TBI also inflicts profound non-economic losses that must be compensated. These damages are vital for a survivor's long-term well-being and quality of life.
- Pain and Suffering: A TBI can cause chronic headaches, dizziness, and other physical pain.
- Emotional Distress and Mental Anguish: The emotional toll of a TBI can be immense, leading to depression, anxiety, PTSD, and severe mood swings. A settlement should provide the means for counseling and psychological support services for both the survivor and their family.
- Loss of Enjoyment of Life: A TBI can rob a person of their ability to engage in hobbies, social activities, and other pursuits they once enjoyed. This compensation accounts for the diminished quality of life.
- Loss of Consortium: When a TBI impacts a survivor's relationship with their spouse, they can seek damages for the loss of companionship, affection, and intimacy.
Long-Term and Specialized Support Services
For moderate to severe TBIs, the support needs often extend far beyond traditional medical care. A settlement that truly serves the survivor’s best interest must account for these specialized, lifelong services.
- Life Care Plans: A crucial component of any catastrophic injury claim, a life care plan is a comprehensive document created by medical experts. It details all of the survivor’s estimated future medical needs, therapies, equipment, and personal assistance costs for the remainder of their life. This is the blueprint for a settlement that ensures all long-term care is covered.
- Home and Vehicle Modifications: A TBI may require a survivor to use a wheelchair or have limited mobility. A settlement can cover the cost of making a home accessible, such as installing ramps, widening doorways, or modifying a bathroom. It can also cover the cost of purchasing a modified vehicle.
- In-Home Care and Nursing: For survivors who require assistance with daily tasks, a settlement can provide the funds to hire professional caregivers or nurses.
- Respite Care: A TBI places an incredible burden on family members who become primary caregivers. A settlement can include funds for respite care, allowing family members to take a much-needed break from their caregiving duties.
Punitive Damages: Punishing Outrageous Conduct
In rare cases where the at-fault party's conduct was particularly egregious, a jury may award punitive damages. These are not meant to compensate the victim but rather to punish the defendant and deter others from similar reckless behavior.
While punitive damages are not a common part of most TBI settlements, our approach means we will pursue them whenever the facts of a case warrant it.
The Critical Statute of Limitations for TBI Claims
One of the most important legal deadlines to be aware of is the statute of limitations. In Pennsylvania, you generally have two years from the date of your injury to file a personal injury lawsuit.
The deadline is strict and unforgiving. If you miss this two-year window, you will almost certainly lose your right to pursue a claim and recover the compensation you may deserve for your pain, suffering, and long-term care needs.
This is why it is so essential to contact an experienced personal injury attorney as soon as possible after your injury. While you are focused on your physical and emotional recovery, the clock is ticking.
Our team can immediately begin a thorough investigation to protect your legal rights and ensure all necessary paperwork is filed on time. Don't let a procedural deadline prevent you from securing the financial resources you'll need for a lifetime of care.
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Holding Negligent Parties Accountable Through Personal Injury Law
A TBI claim is a type of personal injury lawsuit. The core purpose of personal injury law is to hold a negligent party financially accountable for the harm they have caused to another. To succeed in a personal injury claim for a TBI, we must prove three key elements:
- Negligence: We must demonstrate that the at-fault party acted negligently. This means they failed to exercise the level of care that a reasonable person would have under similar circumstances.
- Causation: We must prove a direct link between the at-fault party's negligence and your TBI. It is not enough to show that the person was negligent; we must prove that their carelessness directly caused your injury.
- Damages: We must show that you suffered actual damages as a result of the injury. This includes all of the medical expenses, lost wages, and non-economic losses like pain and suffering.
The legal concepts of personal injury law extend beyond individual negligence to include the liability of companies and corporations. This is where legal principles like vicarious liability and product liability come into play.
These claims allow us to hold businesses accountable for the negligent actions of their employees or for dangerous products they put on the market. Our firm's knowledge in these legal areas is what allows us to secure a full settlement that reflects the devastating impact of your TBI.
Common Causes of TBIs
A TBI can result from a wide range of accidents. While some causes are obvious, others may be less apparent until a full investigation is conducted. We have extensive experience handling TBI claims stemming from:
- Falls: These are among the leading causes of TBIs, particularly in construction. Falling from scaffolding, ladders, roofs, or other elevated platforms can cause a severe head injury upon impact.
- Struck by or Against Objects: This includes situations where a worker is hit by a falling object, such as tools, materials, or debris. It also covers accidents where a person’s head strikes a fixed object, like a beam, pipe, or wall.
- Motor Vehicle Accidents: A TBI can occur in a car accident caused by a negligent third-party driver.
- Explosions and Blasts: Workplace explosions, often a result of faulty equipment or a lack of proper safety protocols, can cause a TBI from the concussive force of the blast itself, even without direct impact to the head.
- Defective Products or Equipment: A person can sustain a brain injury from a malfunctioning piece of machinery, a defective safety harness, or a faulty helmet. These cases often involve product liability claims against the manufacturer.
Regardless of how your TBI occurred, our firm will conduct a thorough investigation to uncover the cause and identify all parties who may be held liable. We are committed to holding every at-fault party accountable for their negligence, ensuring your family receives the justice it deserves.
Why Oakes Firm is Your Best Advocate
Navigating a TBI claim and securing a settlement that covers the full scope of your needs is a challenging process. It requires a law firm with a unique combination of legal skill, aggressive advocacy, and genuine compassion.
At Oakes Firm, we don't just process paperwork; we build a powerful case from the ground up. We pride ourselves on being a true fighter for our clients, and our reputation for relentless advocacy is well-earned.
We know that a brain injury can have a lifelong impact, which is why we work with a network of top-tier medical and financial experts to meticulously calculate the full, long-term value of your claim.
Our approach includes creating a comprehensive Life Care Plan. This isn't just an estimate; it's a detailed roadmap to your future care, outlining every future medical need, therapy, assistive device, and personal assistance cost you'll require.
This planning is crucial because it gives us the leverage we need to demand a settlement that truly meets your needs. We are not afraid to take on big insurance companies and powerful corporations that will try to deny or lowball your claim.
Our founder, Thomas G. Oakes II, is an award-winning attorney with a proven track record of securing millions of dollars in awards and settlements. We will relentlessly pursue full compensation, even if it means taking your case to court.
Our commitment is to make things easy for you and lift the legal burden off your shoulders, so you can focus on healing and rebuilding your life.
Your Path to a Secure Future
A brain injury changes your life in an instant, but a successful settlement can provide the foundation for a secure future. We have outlined the essential support services a TBI settlement should cover, from immediate medical costs and specialized therapies to long-term care and home modifications.
If you or a loved one has suffered a brain injury due to someone else's negligence, you need a legal team that understands the full scope of your needs and has a proven track record of fighting for them. The sooner you act, the sooner we can begin to build your case and protect your rights.
Don't let the legal process intimidate you. Our aggressive and compassionate attorneys are ready to fight for your rights and secure the justice you deserve and full compensation. We're here to secure a settlement that truly serves your best interests for a lifetime.
Contact Oakes Firm today at (267) 310-0656 for a free, no-obligation consultation.