Ylla Gosney stands up for victims of traumatic injuries across Tulsa. While any injury poses challenges, none are as daunting as traumatic brain injuries (TBIs). Our team can help victims with building a strong claim and providing vital legal support in a challenging situation. Contact us today for a free consultation to learn more.
Why Hire a Lawyer After a Traumatic Brain Injury?
Technically, you aren’t required to hire a lawyer if you’re injured in an accident resulting in a traumatic brain injury. However, these injuries typically demand a unique approach compared to other incidents in Tulsa.
Even seemingly minor accidents can present challenges in the legal process, such as:
- Difficulty recalling events and remembering crucial details, along with an increased need for personalized attention.
Our team at Ylla Gosney can help you by identifying who’s responsible for your injuries, getting and compiling medical records, coordinating treatment, handling insurance matters, and offering support in various other parts of the process.
We understand the uncertainty that comes with this situation, which is why we provide our legal services with no upfront fees. Our overall goal is to make the process as easy as possible for you and your family. This is the main reason why you would need a lawyer after a TBI.
Who’s Responsible For a Traumatic Brain Injury?
An injury as serious as a traumatic brain injury (TBI) has very real challenges and long-term implications. But in legal terms, it’s no different than any other injury. It ultimately revolves around identifying who is responsible and securing financial compensation for the incident. The crucial legal concept here is “negligence,” which means that someone had a duty to ensure your safety but failed to do so. This failure resulted in the accident that caused your injuries.
This, obviously, opens things up to a variety of different accidents. It’s unfortunate, but a TBI can happen in any type of accident. That said, they most often happen in:
- Motor vehicle incidents, especially head-on collisions involving cars or trucks
- Bicycle or motorcycle crashes
- Workplace accidents, particularly in industries such as construction or heavy labor
- Instances of medical malpractice or errors
- Criminal acts like assaults
- Falls, slips, or trip incidents
So, when one of these accidents happens due to someone else’s negligence, they’re responsible for your damages. Usually, this falls on:
- Drivers
- Employers
- Homeowners or landlords
- Store owners or managers
- Individuals committing crimes
- Manufacturers of products
- Medical professionals such as surgeons or doctors
- Local or state government agencies in cases occurring on public property
Determining liability is crucial because it decides who is legally responsible for covering your injuries and related losses. This is especially vital in cases of TBIs because they often require long-term care and extreme changes to how you’re able to live your life. This not only makes figuring out liability important, but evaluating your damages and protecting your claim.
What Can You Do to Protect a TBI Claim?
While recovering from a TBI presents significant challenges (and a full recovery may not even be possible), simply filing an injury claim isn’t an automatic ticket to the available financial support. So then, it’s extremely important to take proactive steps to prove and protect your claim starting immediately after the accident.
While not all steps may be feasible in TBI cases, it’s crucial to address them nonetheless. You can rely on our team and trusted loved ones for support. Here are key actions to safeguard your claim:
- Get immediate medical help – If you suffer a TBI, getting medical assistance right away is very important. This may involve receiving aid from paramedics at the scene and then visiting a hospital or seeing your doctor for further evaluation.
- Report the accident – Inform relevant parties about the incident. Contact the Tulsa Police Department (TPD) if necessary, notify emergency services, inform your employer (if work-related), inform the property owner or store manager, and notify your insurance company.
- Document the scene – If possible, take photos of the accident scene and gather contact details from witnesses or the police. This documentation can be crucial, particularly if memory loss from the TBI is a factor.
- Follow your doctor’s treatment plan – Adhere closely to the treatment plan provided by your doctors to aid in your TBI recovery. It’s important to follow their instructions diligently, even if it presents challenges.
- Keep full records of your progress and losses – Maintain detailed records of all documents related to your accident and injury, such as medical bills, doctor’s notes, and communications with insurance companies. These records will be crucial when you file your injury claim.
Recovering from a TBI involves both setbacks and progress. Similarly, navigating the legal process, especially in TBI cases, can be intricate. By taking these steps to protect your claim, you can focus on your recovery while our team manages the complexities of the claims process on your behalf.
What Are Your Damages in a TBI Claim?
One of the biggest issues with a TBI claim is that it’s extremely difficult to place a value on your TBI because of the ongoing worsening of it. Basically, a TBI isn’t static–there’s going to be ups and downs. So, it’s sometimes not possible to even know the extent of your damages. Still, you have the legal right to file an injury claim, either through an insurance claim out of court or a personal injury lawsuit inside the court system.
At least in terms of the legal process, Oklahoma law gives you access to a generalized set of “damages” relating to your TBI. These typically include:
- Medical expenses – This covers hospital stays, surgeries, therapies, and equipment, both in the past and future.
- Lost earnings – These damages are for any income lost from missed work, benefits, and potential future earnings affected by the TBI.
- Property damage – These cover the cost to repair or replace damaged belongings.
- Ongoing care – In addition to current medical expenses, you can also recover costs for expenses relating to your ongoing care needs and home modifications.
- Out-of-pocket costs – These cover things like transportation, medications, and medical equipment related to the TBI.
- Pain and suffering – These cover the physical pain and discomfort experienced due to the accident and the TBI.
- Emotional distress – These involve the psychological effects of the accident, including anxiety, depression, and other mental health challenges.
- Loss of companionship and quality of life – These damages are related to how your TBI impacts relationships and the ability to enjoy daily activities.
- Wrongful death expenses – These apply if the accident leads to your death, covering costs such as funeral expenses, loss of financial support, and emotional hardship.
These damages are crucial for your recovery, especially given the lifelong challenges often associated with TBIs. They impact your life both immediately and in the long term, underscoring the importance of pursuing compensation through the claims process. In Oklahoma, you typically have two years from the accident date to file an injury claim.
Ylla Gosney Helps Tulsa TBI Victims
Suffering a traumatic brain injury in Tulsa can have profound and lasting effects on you and your loved ones. At Ylla Gosney, we are dedicated to helping you and any other victim of a TBI. We’ll make sure you have what you need for a strong claim. Don’t hesitate–contact us today for a free consultation to get started.
