Ohio Brain Injury Lawyer
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Of all the injuries that can be sustained through an accident, brain injuries are among the most severe. Brain injuries are not always the easiest type of injury to assess. Since the brain is such an extremely complex organ, and since injuries to it can affect many different aspects of bodily function, from motor skills and coordination to cognitive processes, it may be hard to determine whether an accident has caused a brain injury or not. This is one of the many reasons why brain injuries are so devastating to both the victim and their families.
Including skull and facial fractures, there are around two million head injuries every year in the United States. 1.5 million of them are nonfatal traumatic brain injuries, not requiring hospitalization, while 300,000 brain injuries are severe enough for hospitalization, and 99,000 of those result in a long lasting disability. Traumatic brain injuries affect males at twice the rate they affect females, with a higher mortality rate. People who are aged 15-24 have a high risk of traumatic brain injuries, as well as people aged over 60. Amazingly, 56,000 die every year because of a traumatic brain injury, and account for 34% of all injury deaths in the United States.
There are many different types of brain injuries, including open head injury, when it has been penetrated and there is a break in the skull bone; closed head brain injury, as a result from the slamming back and forth of the brain inside the skull, which tears blood vessels and tissues; deceleration injuries, where an abrupt stop causes the skull to stop as well, but the brain to continue traveling, bruising it and causing brain swelling and nerve cell damage; hypoxia, or lack of oxygen; and then there are infections caused by viruses and bacteria.
Brain injury is considered a type of personal injury. If you or someone you love has sustained a trauma to the head, you should make sure to consult a medical professional as soon as possible, as well as a lawyer. You may have cause to bring a lawsuit, especially if you can prove that the person or entity who caused the injury was negligent and failed to use reasonable care. You must prove that you have suffered damages, that the other individual failed to carry out the duty that they owed to you, and that the other person's failure caused your injury and that the damages were due to that injury.
In Ohio, if you have been found to be careless, or if your carelessness was what contributed to your injury, your monetary damages will be limited in proportion. Ohio uses a comparative negligent law rule. If you were more careless than the other person, you will not be able to recover any monetary damages.
Additionally, there is a two-year statute of limitations in Ohio. This means you have two years from the date of the injury to file a lawsuit against the individual who caused your injury. If your brain injury lawyer is not able to settle the case with the insurance company, then you will have to file a lawsuit before the statute of limitations runs out. Some injuries have a longer statute of limitations, but your attorney will be able to give you advice that is specific to your situation.
Recently there were recalls of different products in Ohio due to levels of lead paint in the products that were above levels that are considered save. Lead paint exposure can lead to various types of brain injuries, such as developmental issues and motor skill problems.
Under Ohio law, the person who caused you injury has to pay for your past, current and future estimated medical expenses, time lost from work, including time spent to attend medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability due to the injury.
Legal•Info State Brain Injury Information
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