Certain types of brain injuries heal over time, while others leave a victim potentially facing a life-long disability. Any time that you suffer an injury to your head or neck, it is essential that you receive prompt and thorough medical attention. In situations involving penetrating or open head injuries, the need for immediate care is even more critical. At Rubin Guttman & Associates, our Cleveland brain injury lawyers have guided many Ohio residents through the process of pursuing a potential claim based on either penetrating or closed head injuries and proving their right to compensation. As a result, we have considerable experience understanding the complex medical issues that can be involved with a penetrating head injury and the long-term disabilities that can result.
Proving Damages in a Penetrating Head Injury LawsuitA penetrating head injury is also known in some situations as an open head wound. It involves any injury in which a portion of the skull or outer layer of the brain is penetrated by a skull fragment or foreign object. In a car accident, for example, a penetrating head injury can result from broken pieces of the vehicle such as shards of glass or pieces of metal that are sent flying at impact. Bicycle and motorcycle accidents are also common situations in which penetrating head injuries occur because victims are exposed to the external elements and are often thrown from their bicycle or motorcycle upon impact. Dangerous products may also lead to penetrating head wounds, depending on the type of product involved.
Penetrating head injuries can lead to death even if they are treated in a timely manner. Some studies report that as many as 92 percent of penetrating brain injuries result in a fatality, while another substantial portion result in a severe disability, such as vision loss, speech impairments, reduced motor skills, traumatic epilepsy, or loss of general cognitive skills. Getting the right medical care quickly may well determine the outcome and literally make the difference between permanent disability or full recovery and even between life and death.
If you or a loved one suffers a penetrating head injury, a knowledgeable brain injury attorney can help you bring a negligence claim against the person or party who caused your injuries and prove your right to compensation. Doing so may involve the skilled use of medical and other experts such as neurologists, neurosurgeons, economists, vocational experts and others. But first you will need to show that the other person was negligent, that they did not use sufficient care at the time that the injury occurred and that this lack of care caused the accident that resulted in the penetrating head injury. This may require investigation, interviewing witnesses and perhaps an accident reconstructionist to prove that the other driver or party was at fault. In the case of a dangerous or hazardous property condition, it may require the use of architects, building and safety experts or others to prove your case.
The appropriate level of care that someone is required to exercise varies depending on the circumstances. In the context of driving a car, for example, a driver must keep his or her eyes on the road. They must not be distracted by using a cell phone or texting, and must obey all traffic laws.
As another example, the duty of care requires landowners to keep their premises reasonably safe for guests and warn against any dangerous conditions that are not open and obvious.
After successfully proving that the defendant’s lack of care or negligence caused your injuries, we may then prove your damages, which may include past and future medical expenses, past and future lost income, the cost of any needed rehabilitation or psychotherapy where appropriate and even the cost of special appliances and rebuilding your house to accommodate any special needs you may have as a result of your injuries and pain and suffering. All of these expenses may be significant in cases involving penetrating head injuries.
In the unfortunate situation where a victim dies as a result of a penetrating head injury, the surviving spouse, children and relatives may bring a wrongful death and survivor action to recover compensation for the loss of their loved one as well as the conscious pain and suffering of the person who died, even if they only survived for seconds.
Contact an Assertive Cleveland Attorney to Discuss Your Accident CasePenetrating head injuries are terrifying for a victim and his or her loved ones. The recovery time is usually extensive, and the victim may need to wait to see whether there are any permanent disabilities associated with the injury. At Rubin Guttman & Associates, our brain injury lawyers have provided experienced and tenacious legal counsel to victims and their families in Beachwood, Cleveland, Parma, Lakewood, Euclid, Cleveland Heights, Strongsville, Akron, Columbus, Chardon, Toledo, Youngstown, Ravenna, Lorain, Elyria, Painesville, and Mentor. To set up your free consultation, call us at (888) 488-8529 or contact us online.