Traumatic brain damage is difficult to diagnose and effectively treat and is very likely to result in debilitating long-term effects, making it one of the most uniquely dangerous consequences that an accident can have. Because the specific effects of a traumatic brain injury (TBI) can vary so much from case to case, these injuries also make for especially complicated personal injury claims in many situations.
If you sustained brain trauma because another person acted recklessly or carelessly around you, seeking help from a catastrophic injury attorney at O'Connor, Acciani & Levy, experienced with handling cases like yours, should be a priority. With our seasoned Covington traumatic brain injury lawyers by your side, you can have dramatically better odds of establishing liability for your injury and recovering fair compensation for all your ensuing damages.
Proving Someone Else at Fault for a TBI
Most successful civil claims based on traumatic brain injuries are built on the legal theory of negligence, which allows people to be held accountable for the effects of accidents they cause unintentionally. In the context of civil law, a person is “negligent” if they violate through reckless or careless conduct a “duty” owed to another person to act in a reasonable and safe way, and that other person sustains physical injury as a direct result of the negligent individual’s misconduct.
Demonstrating someone else’s negligence was the direct cause of an accident that led to your TBI is essential to recovering civil compensation for your losses related to that injury. Our skilled Covington attorneys at O'Connor, Acciani & Levy can help you pursue fair compensation after a variety of accidents that cause TBIs, including motor vehicle crashes, mistakes by healthcare providers, slipping or tripping accidents, injuries from defective consumer products, and failure to follow concussion safety protocols during athletic competitions.
Recovering Damages Within Filing Deadlines
While mild TBIs can heal completely with proper care and avoidance of further trauma to the head and neck, more serious injuries often have permanent consequences and may result in a debilitating loss of cognitive, sensory, and/or motor function.
Specific damages that our Covington TBI lawyers at O'Connor, Acciani & Levy can factor into a claim include:
- Medical expenses, including costs of rehabilitative care
- Lost work income
- Lost future earning capacity
- Personal property damage
- Physical pain and suffering
- Emotional/psychological trauma
- Lost enjoyment and/or quality of life
Importantly, though, you only have a certain amount of time to file suit in Kentucky before you lose the right to pursue civil compensation for a particular injury. For most cases, the applicable deadline is one year after the accident in question, in accordance with Kentucky Revised Statutes §413.140. As our knowledgeable lawyers at O'Connor, Acciani & Levy can explain, though, the deadline for TBIs sustained through auto accidents may be two years after initial discovery of the injury or the cessation of insurance payments related to the wreck, up to a maximum of four years following the actual accident.
Call our Covington Traumatic Brain Injury Attorneys for Help
You may have trouble proving someone else was to blame for your TBI, let alone obtaining anywhere close to a fair settlement or court verdict for your damages.
Our capable Covington personal injury lawyers at O'Connor, Acciani & Levy can work on your behalf to give you a fair chance at a fair case result. Reach out today to learn more.