March marks Brain Injury Awareness Month, a time to raise awareness about the struggle of those who suffer traumatic brain injuries (TBIs). TBIs range from mild concussions to severe damage affecting cognitive function, emotional regulation, and physical abilities. Medical professionals classify TBIs as mild, moderate, or severe, but even "mild" TBIs can produce life-altering symptoms.
Memory problems, personality changes, concentration issues, and chronic pain often defy standard diagnostic imaging, which creates an "invisible injury" that insurance companies often dispute.
Brain injuries evolve unpredictably, with symptoms sometimes worsening over time rather than improving. This progression complicates settlement negotiations. If you're dealing with a TBI caused by a car accident in Maine, it's important to know what to do during the aftermath. An experienced Maine car accident lawyer can advise you on your rights and legal options for seeking compensation.
What types of car accidents cause TBIs?
The leading causes of TBIs in car accidents typically involve:
- Head-on collisions: Sudden impacts cause occupants' heads to strike the steering wheel, dashboard, or windshield.
- Side-impact crashes (T-bone accidents): Limited side protection increases the risk of severe head trauma.
- Rear-end collisions: The rapid, violent back-and-forth motion can cause the brain to strike the skull, resulting in internal brain injuries even without direct impact.
- Rollover accidents: Occupants may hit multiple surfaces within the vehicle, greatly increasing head injury risk.
- Unrestrained occupants: Drivers or passengers not wearing seat belts are more likely to sustain severe TBIs from impact with the vehicle's interior or being ejected.
How do brain injuries happen in car accidents?
TBIs in car accidents typically happen when the head experiences sudden, violent movement or direct impact. TBIs may involve damage directly at the moment of collision or through internal injury, even if there are no obvious external wounds.
Here are four common ways car accident TBIs occur:
- Direct impact: During a collision, a driver or passenger's head can strike objects inside the vehicle, such as the windshield, steering wheel, side window, dashboard, or door frame. This blunt-force trauma can cause skull fractures, brain bruising, and other serious head injuries.
- Acceleration-deceleration (whiplash-type injury): Even without direct contact, the rapid back-and-forth motion of a collision can cause the brain to move violently inside the skull. This action makes the brain strike against the skull's hard interior surfaces, which can lead to internal bruising, nerve damage, and tearing of delicate brain tissues.
- Penetrating injuries: In severe auto accidents, sharp objects or debris (including shattered glass or metal) may penetrate the skull, which causes direct trauma to the brain tissue. Penetrating injuries typically lead to extensive and sometimes permanent brain damage due to the physical disruption of brain structures.
- Secondary injuries: After the initial trauma, secondary effects like brain swelling (edema), bleeding (hematomas), or reduced oxygen flow can continue damaging the brain tissue, sometimes becoming even more severe than the original injury. Prompt medical treatment is critical to limiting these secondary effects and reducing the risk of permanent injury or death.
What are the financial challenges of brain injuries?
TBIs inflict devastating financial consequences. Initial emergency care can cost $100,000 or more, with subsequent rehabilitation, specialist appointments, medication, and therapy adding hundreds of thousands of dollars. Severe cases requiring lifetime care exceed $3 million in expenses.
Beyond medical costs, TBI victims lose income during recovery and often face reduced earning capacity or complete inability to work. These financial realities stress families already coping with injury trauma. However, an experienced attorney can calculate both your current and future financial needs, including:
- Immediate medical expenses
- Long-term rehabilitation costs
- Home modifications
- Assistive technology
- Lost wages and benefits
- Diminished future earnings
- Personal care assistance
- Vocational rehabilitation
Why is evidence important in brain injury cases?
Insurance companies use tactics to keep their costs down. That includes shifting the blame onto you or downplaying your brain injury so they don't have to pay the full amount you're entitled to. Insurance adjusters question injury severity, challenge causation, dispute treatment necessity, and pressure victims to accept quick, inadequate settlements. Without legal representation, TBI victims rarely receive fair compensation.
The subjective nature of many TBI symptoms comes with another challenge. Pain, cognitive difficulties, and emotional changes don't appear on MRIs or CT scans, which makes them targets for dismissal by opposing parties. An experienced Maine attorney can counter these challenges by gathering strong evidence, including:
- Detailed medical records
- Expert testimony
- Neuropsychological evaluations
- Day-in-the-life videos
- Witness statements
- Employment and education records
What should I do if I suffered a TBI in a car accident in Maine?
If you’ve suffered a TBI in a car accident, your immediate priority should be seeking medical care. First, visit a healthcare professional promptly, even if symptoms seem minor or delayed. TBIs often worsen over time, and early intervention can significantly improve your recovery and prevent complications. Additionally, getting a timely diagnosis establishes a clear medical record of your injury, which can help strengthen your claim.
Next, consider contacting an experienced Maine car accident lawyer who understands TBI cases. Since brain injuries can involve long-term impacts, you'll want someone who knows how to thoroughly document your injury and future care needs, negotiate with insurers, and fight for fair compensation. If the other driver's insurance company reaches out to you for a recorded statement, decline to provide it and let them speak to your attorney. This way, your rights are protected, and you don't risk jeopardizing your case.
Get a trusted Maine lawyer on your side who will fight for maximum compensation
A traumatic brain injury suffered in a car accident can be devastating, and the road to recovery may be challenging and expensive. The Maine attorneys at Jabar LaLiberty, LLC understand the devastating impact a head injury can have on your life and finances.
With decades of experience serving clients in Waterville and Portland, we know what it takes to help our clients pursue justice, fair compensation, and peace of mind. We gather strong evidence and fight to hold negligent drivers accountable while you focus on your recovery. We've recovered over $100 million for our clients and would be honored to talk to you about your potential legal case.
To see how we can help you, contact us online or call our law offices in Waterville or Portland to speak to our legal team. There are no upfront costs, and we offer legal representation to crash victims on a contingency fee basis. That means you pay nothing unless we win your case. Don't wait—schedule a free consultation right now to get started.
"I don’t know that any other attorney would have taken so much upon himself, not only to do the work but to motivate me to help him do the work. And he did!! Smart, personable, experienced – what more could you want." – Personal injury client, ⭐⭐⭐⭐⭐