Arkansas
TBI Lawyer

A traumatic brain injury (TBI) can happen in an instant, but its effects can last a lifetime. If you or a loved one suffered a brain injury in an accident, you may be overwhelmed with the challenges that lie ahead. An Arkansas TBI lawyer can be a valuable advocate in your pursuit of justice and compensation. 

Brain injuries are complex and unpredictable, often leading to serious long-term health, emotional, and financial consequences. While some injuries may seem minor at first, even a seemingly mild head injury can escalate into something much more serious. 

That’s why it’s critical to seek the advice of a personal injury lawyer experienced in handling brain injury claims. You may be able to file a personal injury lawsuit to recover damages to help you face the challenges of living with a brain injury.

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James Helm, Personal Injury Lawyer

What is a Traumatic Brain Injury?

A traumatic brain injury occurs when a sudden impact or blow to the head disrupts normal brain function. TBIs range from concussions to severe injuries that result in lasting cognitive or physical impairments. 

While it’s common to think of TBIs as severe and obvious, many brain injuries don’t immediately show up on medical scans like CTs or MRIs. Symptoms might not be evident for days or even weeks after the accident, and the injured person may not realize the extent of the damage until much later. 

If you’ve been in an accident and suffered a head injury, you should always treat it seriously—regardless of how minor it may seem at first. Brain injuries can develop slowly, with symptoms such as memory loss, confusion, headaches, and mood swings appearing over time. 

This delay in symptoms makes it harder to identify and treat TBIs immediately, but it also means that any injury to the head should be evaluated thoroughly. When brain injuries go unnoticed, they can lead to long-term cognitive, emotional, and physical challenges.

How a Lawyer Can Help with a TBI Claim

When you’re recovering from a traumatic brain injury, you shouldn’t have to worry about navigating the legal system or negotiating with insurance companies. That’s where an experienced personal injury lawyer can step in. By connecting with a local attorney who understands Arkansas law and TBI claims, you’ll have someone who can take the lead, allowing you to focus on your recovery. 

Brain injury claims can be particularly complex because the full extent of a TBI often isn’t immediately apparent. A local lawyer will gather the necessary evidence to prove the scope of your injury and build a strong case for compensation. They will ensure that both current and future medical needs are factored into the claim.

Negotiating With Insurance Companies

Insurance adjusters may try to settle claims quickly, often offering far less than what you might need for long-term care. This is especially true for TBIs, where future medical expenses and the potential for long-term disability are significant considerations. 

A lawyer who focuses on TBI cases will handle negotiations with the insurance company on your behalf, advocating for compensation that takes into account not only your immediate medical bills but also future damages.

Economic Damages for a TBI

Economic damages for a traumatic brain injury (TBI) are intended to cover the financial losses directly resulting from the injury. Some common types of economic damages in TBI cases include:

  • Medical Expenses: This includes the cost of immediate medical care, such as emergency room visits, surgeries, hospital stays, and medications. It also covers long-term treatments like rehabilitation, physical therapy, occupational therapy, and ongoing medical care related to the brain injury.
  • Future Medical Costs: Many TBI victims require ongoing medical attention for years or even a lifetime. Future medical costs can include long-term care, therapy, and possible future surgeries or procedures related to the injury.
  • Lost Wages: If the injured person is unable to work during their recovery period, they may be entitled to compensation for lost wages. This includes the income lost due to time off work for medical treatments and recovery.
  • Loss of Earning Capacity: In more severe cases, a TBI may prevent the accident victim from returning to their previous job or working in any capacity. Economic damages can include compensation for the loss of future earning potential or a reduction in earning capacity.
  • Home Modifications: Some people with TBIs require home modifications to accommodate their injuries, such as wheelchair ramps, widened doorways, or other accessibility improvements. These costs can be included in economic damages.
  • Cost of Assistive Devices: This includes the cost of wheelchairs, communication devices, or other equipment needed to assist with daily activities due to the injury.
  • Long-term Care: For severe brain injuries, patients may need ongoing nursing care or in-home assistance for daily tasks. The cost of long-term care or home health aides can be recovered as part of economic damages. 

These economic damages are quantifiable financial losses, and an experienced Arkansas TBI attorney can help ensure that both current and future costs are considered when pursuing compensation for a traumatic brain injury.

Non-Economic Damages for a Traumatic Brain Injury

In addition to medical bills and lost wages, a TBI can cause significant emotional and psychological harm. The impact of a brain injury extends far beyond the physical symptoms—it can disrupt your ability to work, participate in family life, and enjoy hobbies. Emotional struggles, such as depression, anxiety, and frustration, are common for TBI victims and their families. 

A local attorney can help you pursue non-economic damages, which account for a TBI’s emotional toll on your life. Non-economic damages can include compensation for pain and suffering, loss of enjoyment of life, and emotional distress. 

These types of damages are difficult to quantify, but an experienced personal injury attorney will know how to present evidence that fully reflects the impact of the injury on your daily life.

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Arkansas Laws Affecting TBI Claims

If you’re filing a claim for a traumatic brain injury in Arkansas, state laws may affect your case. Arkansas operates under a modified comparative negligence rule, which means that if you are found to be partially responsible for the accident, your compensation may be reduced. 

However, as long as you are less than 50% at fault, you can still recover damages. An attorney familiar with Arkansas laws can help gather evidence to prove that the other party was primarily responsible for your injury. 

Additionally, Arkansas has a statute of limitations that sets the time you have to file a personal injury claim. In most cases, you have three years from the date of the injury to file a claim. However, brain injuries can complicate this timeline, especially if symptoms develop later. A lawyer can help you determine when the clock starts ticking on your claim and ensure that all deadlines are met.

Contact TopDog Law to Find an Arkansas Attorney

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TopDog Law Personal Injury Lawyers

Arkansas Office

116 Ottenheimer Plaza Suite 4B
Little Rock AR 72201

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