Brain Injuries in Truck Accident Lawsuits
The massive impact of a commercial truck striking a passenger vehicle can damage the skull and brain of anyone in the passenger car. Brain injuries may not be obvious in the initial aftermath of an accident. Sometimes symptoms develop over time, and a condition may be much more severe than it appears at first. This is especially true when a victim suffered a closed head injury, which means that their head struck an object but did not suffer external damage. A concussion is a common example of a closed head injury, but bleeding and swelling also may develop. Open head injuries are more obvious. These involve an object piercing the skull and exposing brain tissue.
A victim should get medical attention immediately if they suspect that they may have suffered a brain injury. A doctor will conduct imaging tests such as an MRI to determine whether any damage has occurred. Prompt treatment is essential to avert complications and reduce the risk of permanent disabilities. However, treatment cannot always prevent irreversible harm. A victim may need costly procedures and ongoing medical care, and they may no longer be able to work in their current profession. Sometimes a victim cannot work at all, and they may not be able to participate in activities that they formerly enjoyed.
Compensation for Brain Injuries in a Truck Accident
Bringing a lawsuit against anyone at fault for a truck accident can help a victim get compensation for both financial and intangible harm. Damages may cover medical bills, the costs of future treatment, lost wages, future lost earning capacity, pain and suffering, and lost enjoyment of life, among other types of harm. These cases generally aim to prove that a truck driver or trucking company caused an accident because they failed to use reasonable care. Moreover, even if a trucking company did nothing wrong, it often may be held liable for careless actions by its drivers on the job. Sometimes other parties may share the blame for an accident, such as a trucking company or an entity that maintained or loaded the truck.
When a victim suffers catastrophic injuries or permanent disabilities, the full scope of their damages may not be apparent at first. Trucking companies and their insurers often try to resolve cases efficiently by offering a quick, modest settlement. A victim may be tempted to take this first offer to get financial relief immediately, but accepting a settlement usually means giving up the right to pursue further claims against that defendant based on the accident. If the injuries turn out to be more severe or extensive, they will not get compensation for those additional costs. Therefore, a victim should try to consult an attorney before taking a settlement offer. Truck accident lawyers usually offer free consultations at which they can advise a victim on the strength and value of their claim.
Sometimes a victim does not survive a traumatic brain injury or its complications. When this happens, their family members often can recover damages through a wrongful death claim. These account for losses such as the consortium, guidance, support, and services that the victim provided. Meanwhile, the estate of the victim can recover damages in what is often known as a “survival action.” These damages may cover medical costs, conscious pain and suffering, and other items of loss for which the victim could have received compensation if they had survived.
