Traumatic brain injury (TBI) is one of the most complex and challenging to diagnose and treat. The consequences can be life-changing for those who suffer from it and their loved ones. With advances in understanding the impact of TBI, including the latest developments in traumatic brain injury law, there is hope that justice can be served for those affected.
If you or a loved one was injured in the Bay Area, consult a San Francisco brain injury lawyer to seek guidance on the legal restitution process.
What is Traumatic Brain Injury?
Before delving into how TBI law applies, let’s understand what TBI means. Traumatic brain injury is a blow or jolt to the head that interrupts normal brain functions. It can occur during an accident or from a physical assault.
Symptoms vary widely depending on the extent of damage but often include headaches, dizziness, nausea, memory loss, seizures, and cognitive difficulties. These effects may not appear immediately after injury but may develop over time.
How Does Traumatic Brain Injury Law Work?
TBI cases fall under personal injury law; when someone suffers an injury due to someone else’s negligence or intentional act, they can file a lawsuit against them.
Establishing liability in a TBI case requires careful investigation by attorneys specializing in brain injuries, who are experienced, have seen it all before, and are familiar with recent trends in these types of claims. Entailing medical bills/rehabilitation expenses can make this litigation very expensive. Current trends are making headway toward easier access to litigation tools and aiming toward faster verdicts.
Real-time social media platforms, such as Facebook, Instagram, et al., provide proof instantaneously, which aids lawyers immensely. Brain scans have been used increasingly often placing concrete evidence behind claims. What further aids depends solely on individual states’ laws which judges tend strictly abide by. Plea-bargaining has also become popular among defendants since several lawsuits go beyond the range of insurance coverage. So the court usually pursues a middle ground between what the Plaintiff demand and what the Defendants offer.
What are the Latest Developments in Traumatic Brain Injury Law?
Since TBI cases fall under personal injury, the latest developments in this sector are highly relevant. One of the most notable developments is a growing understanding of how TBI can lead to long-term consequences. For example, recent research has found that individuals who have suffered repetitive head injuries, like athletes playing contact sports or military members exposed to blasts over time, might be more susceptible to certain types of diseases, such as CTE (chronic traumatic encephalopathy).
Courts may now consider that when determining damages because it directly impacts the quality of life and longevity.
Other recent changes include increasing scrutiny regarding concussion protocol in contact sports involving youngsters. The law speaks heavily against inducers for alcohol/drug consumption amongst kids frequenting sporting events too. In addition, some states have made helmets mandatory, plus most schools ensure schoolkids get available safety training for injuries caused by falls down stairs, etc., thus assuring liability protection.
There is a trend towards greater awareness, stricter penalties when needed, and ensuring all participants (or their responsible parties) uphold safe conduct standards through liability waivers or strict laws. This should ultimately result in fair treatment and pushing the longstanding stigma surrounding brain injury, which manifests as “just shake it off,” being addressed publicly.
Subscribe to Jebiga for a dose of the best in gear, design, rides, tech and adventure.