Some injuries are simpler annoyances even if they can have life-altering consequences like a broken arm or leg. Sure, you’re probably experiencing some pain, and your range of motion is limited but eventually, the broken bone heals.
Other injuries are a little scarier like blunt force head trauma.
Your symptoms can range from headaches and nausea to convulsions, coma, and possibly even death.
The common causes of blunt force head trauma can range from car and boating accidents to a slip-and-fall to a violent assault.
Since it is considered a serious and even potentially life-threatening injury, treating blunt-force head trauma can leave you with huge medical bills. When this happens, you may be wondering if you can recover any compensation for your damages.
Liability is Key in a Blunt Force Head Trauma Injury Claim
Hitting your head on any type of hard surface, including the seat back in a vehicle, can result in blunt force trauma injury. Even though your skull is composed of bone, it’s surprisingly easy to suffer head trauma. Even if you manage to avoid cracking your skull, you can still suffer a traumatic brain injury (TBI). The sudden force causing your head to slam back can result in a brain injury.
So, how do you determine liability in a blunt-force head trauma claim? You start by determining if the accident is caused by someone’s negligence. If you can’t show negligence, there’s a good chance you can’t file a personal injury claim.
Sometimes, an accident is just that. An incident that’s caused by no one’s fault. In this instance, you can’t file an injury claim against another party. Instead, you rely on your insurance provider to cover your damages. How do you prove liability? You must show the key elements of negligence.
Duty of Care
Everyone owes someone a duty of care, even if your lifestyle resembles a hermit. Your duty of care kicks in pretty much every time you walk out your front door. Drivers owe other motorists a duty of care to operate their vehicles safely.
Property owners must keep their premises free of hazards that can injure visitors. This applies to home and business owners.
Essentially, duty of care means behaving in a way that doesn’t place others at risk.
Breach of Duty
A breach of duty occurs when someone acts recklessly or negligently. The legal definition mentions behaving in a manner you don’t expect from a reasonable person. However, this element of negligence can be a little challenging in some accident claims. What you consider unreasonable behavior may be seen as normal by others.
To keep things relatively simple, a breach of duty typically occurs when someone ignores laws or acts in a way that others realize is risky behavior. For example, running a red light is considered a breach of duty. Most reasonable individuals will stop at a red traffic light. Ignoring a spill on a store floor is another example. A reasonable person will clean up the mess or at least place a caution sign.
Causation
This element of negligence is usually relatively easy to prove after showing a breach of duty. You must prove that the defendant’s actions are the direct cause of the accident. In other words, you’re showing the accident probably wouldn’t have occurred except for the defendant’s breach of duty.
Damages
Meeting the criteria for proving this final element of negligence is fairly simple. You must show your damages like your blunt force head trauma is directly caused by the accident. Some accident victims have pre-existing conditions that can increase the severity of their injuries. This doesn’t mean you still can’t list the injuries in your accident claim. All states, including Illinois, recognize the eggshell skull rule. This rule prohibits insurance companies from reducing claim value due to the presence of a pre-existing health condition.
Filing a Compensation Claim for Blunt Force Head Trauma
If you can prove negligence, there’s a good chance you can move forward with a blunt force head trauma claim. There’s also a good chance you’ve already taken care of one of the necessary steps. Your head injury probably means you’ve already seen a healthcare provider.
You have your diagnosis and are following your treatment plan. This means you’ve started collecting your medical records, bills, and receipts. You’re going to need this documentation for your blunt-force head trauma claim.
Gather Evidence
Your head injury probably means you’re leaving the accident scene in an ambulance. Don’t panic if you didn’t have a chance to document the scene.
Most, if not all of the information is included in your official accident report. Just be sure to pick up a copy of the report. Your accident report should be ready in about 10 business days. You can get a copy online or head to the nearest police precinct.
Gathering evidence means doing a little more than collecting medical bills, property repair estimates, and your accident report. You may need to get testimony from witnesses. Their statements can often help support your version of events. Don’t forget about surveillance camera footage. There’s a good chance at least one surveillance camera has footage of the accident. Almost all residences and businesses have some type of surveillance system even if it’s only a doorbell camera.
Some accidents are challenging to prove. This can be especially true if more than one party is at fault. You may need to bring in experts like accident scene reconstruction specialists. Medical experts may also be necessary to prove the extent of your injuries.
Blunt-force head trauma isn’t always visible to the naked eye. Medical experts can testify to anything from the severity of your injuries to your need for ongoing treatment.
Consult with an Experienced Illinois Accident Attorney
Suffering a blunt-force head trauma injury can make it tough to file an accident claim without any assistance at all.
Partnering with an experienced personal injury attorney can help ensure your claim is successfully filed with all of the necessary supporting evidence. Your lawyer can focus on your claim while you work on recovering from your traumatic head injury.
ABOUT THE AUTHOR
Aleksandra Djurdjevic
Senior Content Creator
Aleksandra Djurdjevic is a senior writer and editor, covering motorcycle adventures, biker tips and tricks and general exploring on two wheels. She has previously worked as ESL teacher for English Tochka. Aleksandra graduated from the Comparative Literature department at the Faculty of Philosophy in Serbia. Aleksandra’s love for the biking and adventure, getting out on the open road, year after year across the planet helps her continue to be a top expert at RMJ.
