Upper Marlboro Brain Injury Lawyers

Filing a Brain Injury Claim in Prince George’s County, MD

Few injuries are as serious or complex as brain injuries. If you or someone you love has suffered a traumatic brain injury (TBI), you already know just how devastating an impact these injuries have on the lives of victims and their families. What you may not realize, however, is that you do not have to simply deal with the physical, financial, and emotional consequences of the injury on your own.

If someone else—whether it’s another person, a manufacturer, a large corporate entity, or any other party—is responsible for your or your loved one’s brain injury, you have the right to take legal action. At Farmer & Klopfer, we represent victims of severe brain injuries in seeking the fair compensation they are owed. Our Upper Marlboro, MD brain injury lawyers are here to guide you through the legal process, aggressively advocate for your rights, and provide the personalized representation you need during this immensely difficult time.

On This Page:

• What Is a Traumatic Brain Injury?
• How Do Traumatic Brain Injuries Occur & Who Is Liable?
• What Is the Average Settlement for a TBI?
• Potential Types of Damages You Can Recover in Your Brain Injury Case
• Who Can File a TBI Claim?
• How a Brain Injury Lawyer from Farmer & Klopfer Can Help

Continue reading to learn more about filing a brain injury lawsuit, or contact us today at (240) 245-2229 to request a free, no-obligation consultation.

What Is a Traumatic Brain Injury? 

A traumatic brain injury, or TBI, is a type of acquired brain injury that results from some form of trauma. In other words, these injuries occur after a person is born and are not the result of genetic or congenital factors. 

Examples of common TBIs include:

• Brain Hemorrhages: Brain hemorrhages occur when there is bleeding within the brain tissue. They can be caused by trauma, an aneurysm rupture, or other medical conditions. There are different types of brain hemorrhages, including subdural hematomas, epidural hematomas, and intracerebral hemorrhages, each with its own specific location and characteristics.
• Concussions: Concussions are mild traumatic brain injuries often caused by a blow to the head or a sudden jolt. They result in temporary alterations in brain function without structural damage visible on imaging. Symptoms may include headache, confusion, dizziness, memory problems, and sensitivity to light or noise.
• Contusions (Bruises): Brain contusions are areas of bruised brain tissue that result from direct impact or acceleration-deceleration forces. They can be focal or diffuse. Contusions can lead to localized brain dysfunction, and the severity can vary depending on the extent of the injury.
• Coup-Contrecoup Injuries: Coup-contrecoup injuries involve injuries at two opposite sites of the brain. The coup injury occurs at the point of impact, while the contrecoup injury happens on the opposite side, resulting from the brain hitting the skull's interior surface. These injuries are common in cases of rapid deceleration or acceleration, such as in car accidents.
• Diffuse Axonal Injuries: Diffuse axonal injuries are often caused by strong rotational forces and involve widespread damage to nerve fibers in the brain. They can lead to a range of symptoms, including loss of consciousness, coma, and cognitive impairments, and are often associated with a poor prognosis.
• Hematomas: Hematomas are blood clots that can form inside or around the brain as a result of trauma. Different types of hematomas include epidural, subdural, and intracerebral hematomas, which vary in location and symptoms.
• Penetrating Brain Injuries: Penetrating brain injuries occur when foreign objects, such as bullets, knives, or bone fragments, penetrate the skull and enter the brain. These injuries can cause localized damage and are often considered surgical emergencies.
• Skull Fractures: Skull fractures involve a break or crack in the skull bone, which can sometimes be associated with underlying brain injuries. Skull fractures can be linear or depressed, and their severity can range from mild to severe.

Traumatic brain injuries range from relatively mild to severe, but all TBIs are considered serious and should be treated as such. If you suspect that you or someone else may have suffered a head or brain injury, seek immediate medical attention.

How Do Traumatic Brain Injuries Occur & Who Is Liable? 

Serious accidents and other traumatic events are the most common causes of traumatic brain injuries. Additionally, TBIs are among the most common type of injury in the United States, with approximately 1.5 million Americans sustaining this type of injury each year. 

Specifically, TBIs commonly result from: 

• Motor vehicle accidents
• Serious falls 
• Medical malpractice 
• Birth injuries 
• Violence 
• Firearm-related injuries
• Workplace accidents
• Sports and recreation accidents 

To determine who is liable—or legally responsible for your injury-related damages—our attorneys carefully investigate the incident that led to your or your loved one’s TBI. In most cases, the person or party at fault for causing the incident is also the one who is responsible for your damages. However, in some instances, another third party could be partially or entirely liable. 

For example, if you suffered a concussion in an accident with a drunk driver, the drunk driver would be both at fault for the collision and legally responsible for your accident-related damages. If, however, you were injured in a crash with a semi-truck, the truck company (rather than the truck driver) could share some or all of the blame. 

What Is the Average Settlement for a TBI? 

Because each case is so different, there is no true average settlement for traumatic brain injury claims. In fact, not all cases settle; some proceed to litigation and must be resolved in court. 

That being said, TBI cases tend to be relatively high in value. This is due to the typical severity of these types of injuries, as well as the extent to which they affect the victim’s life. The cost of treating a TBI can be exorbitant, and victims may experience significant hardships, from becoming newly disabled and being unable to work to suffering from serious physical and mental health challenges. 

Some of the many factors that impact the overall value of your TBI case include: 

• The severity of the injury and its impact on your life
• The cost of your medical treatment and care 
• Projected future medical care costs 
• The determined value of your pain and suffering 
• Whether you were partly at fault for the incident that caused your injury
• Expected long-term care costs 
• Miscellaneous out-of-pocket expenses related to your care
• Your ability to work or obtain any form of gainful employment 
• Whether you are partially or completely disabled 

While some cases settle for several thousand dollars, others may result in six- or seven-figure settlements. We encourage you to contact our firm to set up a free initial consultation with our team. During this initial consultation, our Upper Marlboro brain injury attorneys can discuss the specific details of your case and determine how much it may be worth.

Potential Types of Damages You Can Recover in Your Brain Injury Case 

While the value of your TBI case depends on many specific factors, there are certain types of damages you may be entitled to receive. 

These include: 

• Medical expenses, including future care costs
• Lost income, wages, and employment benefits 
• Physical and mental pain and suffering 
• Loss of earning ability (partial or total) 
• Emotional distress/trauma 

At Farmer & Klopfer, we fight for maximum compensation for our clients. If you or someone you love has suffered a serious brain injury, reach out to our team today to learn how we can help.

Who Can File a TBI Claim? 

Anyone who has suffered a traumatic brain injury due to the negligent or wrongful conduct of another may file a personal injury lawsuit against the liable party. If the injured party is incapacitated or otherwise incapable of taking legal action on their own, a family member, legal guardian, or someone granted power of attorney may be able to make decisions and/or initiate a TBI claim on behalf of the injured individual. 

For someone else to act on the injured party’s behalf, they must be able to prove that the injured party is unable to make decisions him/herself. Usually, this can be proven with the confirmation of a medical provider who has examined the injured individual and determined that they are partially or totally incapacitated. 

Here are the common elements that the injured party must typically prove to succeed in a brain injury claim:

1. Duty of Care: The injured party must demonstrate that the defendant owed them a duty of care. In a TBI case, this may involve showing that the defendant had a responsibility to act reasonably to prevent harm or injury to the plaintiff. For example, a driver has a duty to operate their vehicle safely and obey traffic laws to prevent accidents.
2. Breach of Duty: The plaintiff must prove that the defendant breached their duty of care. This means showing that the defendant's actions or negligence fell below the standard of care expected in the given situation. In a TBI case, this might involve proving that the defendant's actions, such as reckless driving or failure to maintain safe premises, directly contributed to the TBI.
3. Causation: It's essential to establish a causal link between the defendant's breach of duty and the traumatic brain injury. The plaintiff must show that the defendant's actions were a substantial factor in causing the TBI.
4. Damages: The plaintiff needs to demonstrate the extent of their injuries and the resulting damages. In a TBI case, this may include medical bills, rehabilitation costs, lost wages, pain and suffering, and other losses. Documenting the severity of the brain injury and its impact on the plaintiff's life is crucial.