What Damages Can I Recover After a Traumatic Brain Injury?

When medical professionals do not meet the duty of care that is set by their peers, then their patients may suffer serious injuries and incur subsequent damages. An example of this is a traumatic brain injury. And if this happens to you, you must fight back. Follow along to find out what damages you can recover after your traumatic brain injury and how one of the proficient Howard County medical malpractice attorneys at Lloyd J. Eisenberg & Associates can walk you through your claim.

By definition, what is a traumatic brain injury?

A traumatic brain injury is considered to be a head injury caused by an external force that may hurt multiple areas of the brain and that may lead to several physical and mental complications. And with that, there are two different types of traumatic brain injuries. Their descriptions read as follows:

  • A closed head injury: this is considered to be a head injury with not-so-visible damages. It may be induced by the rapid shaking of the brain inside the skull, which creates bruises and tears in the brain tissue and/or the blood vessels.
  • A penetrating head injury: this is considered to be a head injury with obvious wounds to the head. It may be induced by bone fragments from a skull fracture that push into the brain, or otherwise an outside object breaking the skin.

Commonly, traumatic brain injuries are associated with medical malpractice that occurs during labor and birth. For example, a closed head injury may occur if there is a lack of oxygen in an infant’s brain during their delivery.

What types of damages can I recover after a traumatic brain injury?

If you believe that your traumatic brain injury was due to medical malpractice, and if you subsequently have a successful claim, then you may be able to recover both economic and non-economic damages. That is, you can claim damages that have indefinitely affected and interrupted your physical, mental, and financial well-being. Examples of such read as follows:

  • Economic damages:
    • The medical bills that you incurred from your initial treatment and your future required medical care.
    • The wages you lost due to your inability to go back to work.
    • The economic value of your domestic services that you can no longer offer.
  • Non-economic damages:
    • Your physical disfigurement.
    • Your emotional distress.
    • Your chronic pain and suffering.
    • Your loss of companionship.
    • Your diminished quality of life.

What is the state of limitations for a medical malpractice claim in the state of Maryland?

As with any other claim, there is a statute of limitations when it comes to medical malpractice claims in the state of Maryland. This deadline is known to be approximately five years from the date of your traumatic brain injury, or otherwise three years from the discovery of your injury.

To better understand which date applies to you, consult with a talented Howard County personal injury attorney today.

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