Learn what damages you could receive following a head or brain injury in Alabama
A head or brain injury could be one of the most frightening events to happen in a person’s lifetime. Depending on the nature of the accident and the severity of your injuries, you could be left with long-lasting or even life-long effects.
Sadly, a head or brain injury can have an impact on your ability to resume the normal activities you did before the accident, and it might prevent you from earning an income. What then? You want to be able to focus on healing and physical recovery, but being unsure of how you’re going to get by financially can be a huge and frightening burden.
That’s why it’s important to understand your options for financial recovery—and if your injury was the result of a car accident, slip-and-fall or some other circumstance that was created by negligence, you might be able to file a personal injury lawsuit.
Alabama brain and head injury statistics
According to the Alabama Department of Public Health (ADPH), there are about 1.7 million traumatic brain injuries (TBIs) in the U.S. each year. While the majority are concussions or other mild forms of injury, some are more severe.
The ADPH reported that there were more than 4,300 traumatic brain injuries in Alabama in 2019.
Here are some statistics that show the types and severity of brain injuries and where they happened in 2019:
| Type | Number | Percent |
|---|---|---|
| Blunt | 4,030 | 93% |
| Penetrating | 188 | 4% |
| Burn | 8 | 0% |
| Other | 91 | 2% |
| Patient discharges | Number | Percent |
|---|---|---|
| Home | 1,944 | 45% |
| Transfer | 454 | 11% |
| Rehabilitation | 425 | 10% |
| Died | 328 | 8% |
| Unknown | 303 | 7% |
| Home health agency | 299 | 7% |
| Intermediate care facility | 269 | 6% |
| Home with outpatient services | 83 | 2% |
| Nursing home | 69 | 2% |
| Jail | 48 | 1% |
| Hospice | 40 | 1% |
| Left against medical advice | 31 | 1% |
| Psychiatric treatment | 24 | 1% |
| Where injury occurred | Number | Percent |
|---|---|---|
| Street or road | 1,824 | 42% |
| Home | 1,048 | 24% |
| Unknown | 518 | 12% |
| Health care facility | 406 | 9% |
| Residential institution | 187 | 4% |
| Public building | 121 | 3% |
| Trade or service | 75 | 2% |
| Recreation | 86 | 2% |
| Farm/industrial/mine | 52 | 1% |
Nearly half of these traumatic brain injuries happened on streets or roadways, likely either in car, pedestrian or bicycling accidents.
Common causes of a head or brain injury
The individuals most likely to be treated in an emergency department for a TBI are people 75 years old and older and children younger than age 4.
The 5 most common causes of a head or traumatic brain injury include:
- Falls. This could be a child falling in a bathtub, out of a crib, down the stairs, etc. It also includes adults who fall off ladders, roofs, etc., but even a fall from standing on the floor could result in a TBI if you hit your head on a solid object when you fall.
- Car or truck crashes. Any motor vehicle crash—motorcycle, bicycle, car, or truck—can result in a TBI.
- Violence. Shaken baby syndrome can cause a TBI, as can gunshot wounds, domestic violence, child abuse or other forms of assault.
- Sports injuries. Any high-impact or extreme sport like football, lacrosse, skateboarding, hockey, soccer and others could result in a TBI.
- Explosive blast or combat injuries. These are common in active-duty military personnel. It’s possible that even without an impact, a pressure wave can pass through the brain and disrupt its functioning.
Car or truck accident
A car accident or truck accident can cause minor bumps, broken bones or serious injuries or fatalities. Certainly, that also applies to bicycle accidents, pedestrian accidents, bus accidents, motorcycle crashes and other vehicle-related incidents.
If you’re involved in an accident, it’s important to get an immediate medical examination that includes an evaluation for a head injury. Sometimes symptoms of head injuries don’t appear for days to weeks following the accident, and it can be difficult to prove that it was related to the crash if you don’t receive immediate medical treatment.
Alabama is a “fault” state, which means the driver who caused an accident is responsible for the financial damages. The state also follows a pure contributory negligence rule, which means a plaintiff (the injured person) can’t collect any damages if they had even a tiny percentage of fault in the accident.
Premises liability
This area of personal injury law is related to accidents that happen as a result of a hazardous property condition.
You could suffer a head injury related to a condition on a property in a variety of ways—a trip and fall due to a broken tile, unsafe stairs or poor lighting. In addition, you could be injured by a tree branch that falls and strikes you, a swimming pool accident or any other manner of injury.
A property owner or manager has a duty of reasonable care to a lawful visitor to prevent unnecessary exposure to a dangerous condition or warn that a hazard is present.
In other words, if you’re legally permitted to be somewhere, you should be able to reasonably expect that the property is safe.
In order to bring a successful premises liability claim, you’ll need to prove that:
- The property owner owed you a duty of care (and that you were a lawful visitor to the property).
- There was a dangerous condition.
- The property owner knew or should’ve known about the dangerous condition and that it could potentially cause an injury.
- The property owner did not take reasonable action to correct or warn about the condition.
- You were injured because of the dangerous condition.
- Your injuries cost you money (medical bills, lost wages or other recoverable damages).
Defective product (product liability)
The 3rd primary cause of accidental head and brain injuries is related to the use of defective products.
The manufacturer, distributor or retailer involved with a defective product could also be liable for a head or brain injury.
There are 3 ways a product might be considered defective for the purposes of a lawsuit:
- Design defect. This happens if a product is inherently dangerous because the design wasn’t safe. Even if it’s manufactured exactly according to the design specifications, it remains a dangerous product when used correctly. The only way to correct the defect is to change the design and create the product differently.
- Manufacturing defect. If a product is damaged, not assembled properly or otherwise comes through the manufacturing process incorrectly, it could result in a manufacturing defect.
- Inadequate warnings. Even if the product is designed and manufactured exactly as expected, sometimes injuries happen because the labels or packaging didn’t provide sufficient warning to the consumer about possible dangers or incorrect use.
Head or brain injuries are most likely related to products like ladders, scaffolds or other items that are designed to support a person’s weight without falling. However, these types of injuries could happen in a vehicle accident that was caused by a defect like brake failure or a motor catching on fire.
Damages from a traumatic brain injury settlement
“Damages” are the amount of money you can recover in a personal injury lawsuit.
If you or a loved one suffered a head or brain injury in Alabama because of someone else’s negligence, you might be able to recover costs that include:
- Medical treatment. Medical treatment costs can include doctor and hospital visits, prescription medication, assistive devices, rehabilitative therapies and any other costs related to your physical recovery.
- Lost income. You can also claim salary and wages as a loss from an accident. Loss of earning capacity is the difference between what you would’ve earned for the remainder of your lifetime and what you will actually earn because of the accident.
- Property loss. If you’re filing a lawsuit because of a car accident, for instance, the cost of replacing or repairing your car would be included under property loss.
- Emotional distress. This might include fear, anxiety, sleep disturbances, post-traumatic stress disorder (PTSD) or other psychological conditions that arise following trauma or serious injury.
- Loss of enjoyment. Anyone who has been injured to the extent that they lose some level of capacity to do the things they previously enjoyed—even if it’s walking your dog or playing with your kids—could be eligible for a damage award for loss of enjoyment.
- Loss of consortium. If a loved one has been in an accident and lost the ability to provide love, affection, companionship, comfort or even participate in household responsibilities and child-rearing, you might have a loss of consortium claim.
- Punitive damages. Punitive damages are calculated separately from (or in addition to) compensatory damages as a punishment or deterrent to a defendant when the action that caused the injury was malicious, willful or especially egregious.
Alabama permits an injured person to receive punitive damages up to 3 times the amount of the compensatory damages, up to a maximum of $1.5 million.
Symptoms of a brain injury or TBI
A concussion is also called a “mild TBI.” Any TBI is a disruption in the normal function of the brain that’s caused by a bump, blow or jolt to the head. A concussion usually resolves on its own and isn’t life-threatening. It can, however, have long-lasting effects, especially if the person has had more than 1 concussion in their lifetime.
A TBI can also result in long-term or permanent changes in a person’s consciousness, awareness or responsiveness.
Symptoms of a concussion include:
- Vision changes
- Confusion
- Drowsiness
- Headache
- Hard to awaken or arouse
- Loss of consciousness
- Memory loss
- Nausea and vomiting
- “Lost time” (i.e., a period of time the injured person can’t remember)
Symptoms of a TBI can include:
| Altered consciousness from a TBI | Physical effects of a TBI |
|---|---|
| Coma: Unconsciousness, lack of awareness of anything and inability to respond to stimuli. | Seizures: Some people with a TBI experience seizures that only last for a short time after the injury, while others last for years. |
| Vegetative state: Unawareness of surroundings, but might be able to open or close their eyes, make sounds or respond to reflexes. | Hydrocephalus: This is a fluid buildup in the brain that causes increased pressure and swelling. |
| Minimally conscious state: Some self-awareness or awareness of surroundings. This is sometimes a transition from a coma or vegetative condition to additional recovery. | Infection: A skull fracture or penetration can tear the protective tissue that surrounds the brain, and that can allow bacteria to enter the brain and cause an infection that could spread to the rest of the nervous system. |
| Brain death: No measurable brain or brain stem activity. If a brain-dead person is removed from a breathing device (life support), they will pass away. There’s no “cure” or reversal for brain death. | Blood vessel damage: Blood vessel damage can lead to a stroke or blood clots. |
| Headaches and vertigo: Many TBI patients experience frequent headaches or vertigo, which is extreme dizziness. | |
| Other possible effects of a TBI: | |
| Nerve
|
Cognitive
|
| Executive function
|
Communication
|
| Social
|
Behavioral
|
| Emotional
|
Sensory
|
Source: Mayo Clinic
Contact an Alabama head and brain injury lawyer
If you’ve suffered a head or brain injury or you’re caring for a loved one in that situation, there is help available to get the brain injury compensation you deserve.
First, your physician can guide you toward local resources to help with the physical and emotional effects of a TBI so that you can begin to recover or learn to live with your new reality.
Second, these injuries are costly. Aside from the medical treatment, therapies and other expenses, you might not be able to earn the same income—and that can be a huge problem. If your partner suffered a traumatic brain injury, you could be in a situation where they can no longer work and require around-the-clock care, so it could impact your own ability to earn a living.
These are all issues to raise with your attorney. Your lawyer will work with financial experts, medical experts and actuaries to determine how much your accident has cost you up until now and will cost in the future.
You can find a qualified, compassionate lawyer in Alabama by using the Enjuris law firm directory.
See our guide Choosing a personal injury attorney.