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Southaven, Mississippi, Brain Injury Attorneys

Brain injuries have devastating power. They are capable of affecting a person’s physical mobility, physiological functioning, cognitive abilities, and emotional stability. These direct effects lead to other indirect consequences, and in many cases, the lives of victims and their families undergo significant and unwanted change. Their finances, relationships, and entire way of life can all be thrown into chaos.

The team at Stroud, Flechas & Dalton is here to help victims through that chaos and into a more stable, more hopeful future. If you or someone you love has sustained a brain injury, reach out to our Southaven injury attorneys. We will fight to get you compensated for your losses and restore some peace to your family.  An experienced, attentive Southaven brain injury lawyer is ready to answer your call.

Traumatic Brain Injuries Explained

There are two main categories of brain injury: traumatic brain injuries (TBIs) and non-traumatic brain injuries, also called “acquired” brain injuries. A TBI occurs when an external force strikes the head or when a person’s head hits something else–the ground, a wall, or the dashboard of a car, for example. 

TBIs are broken down into additional sub-categories, as explained by Johns Hopkins Medicine. A “closed brain injury” happens when the injury is non-penetrating–there is no break in the skull. In a closed-brain injury, the brain’s rapid back-and-forth movement or shaking within the skull causes “bruising and tearing of brain tissue and blood vessels.” Often, motor vehicle accidents, slips or falls, or sports injuries cause this type of TBI. In penetrating brain injuries, something does break the skull, such as a bullet, sharp weapon, or object.

A non-traumatic brain injury occurs internally, perhaps when the oxygen supply to a victim’s brain is cut off, or the victim experiences a medical event such as a stroke or aneurysm. Though these types of events can happen spontaneously, acts of medical malpractice can also cause them. The person monitoring oxygen levels during surgery could miss warning signs or fail to take appropriate action in response to those warnings. Some preventable non-traumatic brain injuries happen during childbirth. The mother or infant, or both, can be hurt by medical errors or incompetence. 

Primary and Secondary Brain Injuries

The “primary” brain injury occurs at the moment of the car accident, gunshot, aneurysm, or other injury-causing event. Johns Hopkins Medicine describes this primary injury accident as “complete” at the time of the event. As bad as that trauma is, there may be more–the secondary injury–to follow. The “secondary” brain injury comprises the “cellular, chemical, tissue, or blood vessel changes” that occur in the time following the primary occurrence, and these changes can lead to the destruction of more brain tissue.

According to the Brain Injury Association of America, someone in the United States sustains a brain injury every nine seconds. If the injury results from another party’s negligence, recklessness, or intentional act of violence, victims have the right to hold that party accountable for damages. 

The legal team at Stroud, Flechas & Dalton knows victims can find many options when searching for a “brain injury attorney near me.” However, we are confident that our experience, legal skill and knowledge, and client-centered approach make partnership with our brain injury lawyers the best choice. 

The Effects of Brain Injuries

How a brain injury affects a person depends on the location, specific type and cause of the injury, its severity, and other factors. The potential consequences can create a domino effect reaching into all parts of victims’ lives. 

Cognitive Function

Brain injuries can impair or destroy elements of cognitive functioning. Victims can experience:

  • Confusion and disorientation
  • Diminished attention span
  • Problems with memory
  • Inability to solve problems or make reasonable judgments
  • Difficulty learning new things or understanding abstract ideas
  • Difficulty carrying out multi-step tasks
  • Reduced self-awareness or ability to “read the room”
  • Decreased awareness of time and space

Motor and Sensory Function

The brain controls the body, sending messages and signals to generate motor and sensory functions. When the brain is damaged, communication is disrupted or fails completely. Effects include:

  • Paralysis
  • Muscle weakness or spasms
  • Problems with balance and coordination
  • Diminished endurance
  • Difficulty planning and executing movement
  • Problems with swallowing
  • Vision and hearing changes and changes to the sense of smell, taste, and touch
  • Reduced or increased sensation in certain body parts

Personality Changes

Brain injuries can damage parts of the brain governing emotions and personality. Victims may also undergo personality changes because of the frustration or depression stemming from limitations in other areas. Victims may have demonstrated:

  • Irritability or impulsiveness
  • Emotional dysregulation
  • Apathy or diminished motivations
  • Anxiety
  • Aggression
  • Inappropriate sexual behaviors

These effects do not occur in isolation. Cognitive or physical limitations or personality changes can prevent brain injury victims from working, engaging socially, showing affection, living independently, caring for their own needs, and communicating. Our traumatic brain injury attorneys in Southaven, MS will account for every loss you or your loved one has experienced when determining fair compensation. 

Brain Injury Recovery

Because brain injuries are so complex, it is often impossible to predict a victim’s timeline for recovery or what their maximum recovery will look like. Johns Hopkins Medicine states, “Most studies suggest that once brain cells are destroyed or damaged…they do not regenerate.” Still, recovery, at least to some degree, is not entirely out of the question, especially for younger victims, as “other areas of the brain make up for injured tissue” or the brain “learns to reroute information and function around the damaged areas.”

You can rest assured that when you choose from the list of brain injury lawyers near me, we will take a long view of injury, speaking with your medical team and other experts so we can work to ensure your future care needs are met.

Compensation Your Brain Injury Lawyer Will Fight to Secure

Mississippi follows a pure comparative negligence system for personal injury claims. Under Mississippi Code 11-7-15, injury victims can seek damages from the party who caused the accident, resulting in the injuries in question. If the victim holds any fault for the event, the amount of compensation collected is reduced by this percentage of fault.

When choosing representation from the list generated by your “traumatic brain injury lawyer near me” search, it is critical to choose a team with experience navigating Mississippi’s laws. Stroud, Flechas & Dalton has been fighting for residents of North Mississippi for over 17 years. As our history of settlements and trial verdicts shows, we know how to fight for maximum results.

Just as each victim’s path to recovery from a brain injury is unique, so is the compensation available in each individual case. The severity of an injury, its consequences, the level of each party’s fault, and other factors all affect how much a victim receives. However, you can trust your brain injury lawyer in Southaven, MS to pursue compensation for your economic and non-economic damages and, in some situations, punitive damages.

Economic Damages

The financial fallout from your brain injury is likely to be substantial, and economic damages can cover those financial losses. When calculating your economic damages, your traumatic brain injury lawyer will consider the following:

  • Medical bills 
  • Continuing medical care costs as applicable
  • Lost earnings
  • Continued lost earnings and benefits if you cannot work again
  • The value of property damaged in the accident
  • Additional expenses related to your injury

Your additional expenses may be for childcare or household maintenance if you cannot fulfill these responsibilities on your own anymore. You may also need to pay for transportation and adjust your living space to accommodate your changed needs.

Non-Economic Damages

The pain and discomfort, emotional suffering, and reduced quality of life you experience because of your brain injury have tremendous value, even though they do not come with a bill. By choosing Stroud, Flechas & Dalton as you scroll the list of “brain injury attorneys near me,” you protect these losses from being minimized or dismissed. We will recognize each one and will challenge any effort from the at-fault party to discount your suffering, holding them accountable for the devastating results of their negligence.

Punitive Damages

Not every case allows for punitive damages. While economic and non-economic damages are compensatory–they make up for what you have lost–punitive damages work to punish negligent parties for their egregious actions. You can only collect punitive damages if you have been awarded compensatory damages and if you can prove “with clear and convincing evidence” that the at-fault party acted with “actual malice, gross negligence…wanton or reckless disregard for the safety of others, or committed actual fraud,” as per Mississippi Code 11-1-65. 

Our brain injury attorneys will value your case with due care, factoring in every detail of your many losses. And if your case warrants punitive damages, you can count on us to pursue them aggressively. 

How a Traumatic Brain Injury Attorney Near Me Can Help

If you are searching for a brain injury lawyer near me, you or someone you love has experienced a life-changing trauma and needs help. Our team is ready to provide you with the help you need and will give you compassionate support and exceptional legal representation as we take your case through the personal injury claim process.

Investigating the Accident

First, we will undertake a thorough investigation of what happened. Before we can file a claim against the negligent party, we need to identify that party. Sometimes, the obvious person is not actually the one at fault. For example, while TBIs are among common car accident injuries, the other driver is not always to blame–their car may have had a brake malfunction. The car manufacturer may be to blame, or possibly a negligent inspector or mechanic.

Through our investigation, we will collect evidence to prove the at-fault party’s negligence caused your accident, brain injury, and injury consequences, along with evidence to support your demand for compensation. We will not leave any sources of information untapped.

Filing Your Claim

Once we know who is at fault, we will file your personal injury claim with the court. Some cases are settled without ever going before a judge through out-of-court settlement negotiations. However, sometimes trials are necessary. By filing your claim within Mississippi’s statute of limitations, you protect your right to fight at trial. For most personal injury claims in the State, victims have three years to file. 

If an incident of medical malpractice caused your injury, the legal deadline is two years. The best course of action is to search for “traumatic brain injury lawyers near me” as soon as possible and connect with Stroud, Flechas & Dalton right away. A fast connection protects you from missing the statute of limitations and gives our team time to investigate and gather evidence when it is still accessible.

Sending a Settlement Demand

After valuing your claim, your traumatic brain injury lawyers will send a settlement demand to representatives for the negligent party. Usually, the other side counters that first offer with a lower amount, and the sides negotiate until reaching an agreement. Our team will keep you informed of every offer and help you decide whether to accept or reject it. 

Taking the Case to Court

If the other side refuses to make a fair offer, your attorney will explain your options, presenting the pros and cons of settling vs. going to court. Another reason Stroud, Flechas & Dalton are firm in selecting from the list of traumatic brain injury attorneys near me is our effectiveness at trial. Some firms encourage victims to accept low settlements just to avoid going to court. We do not want you to settle for less and will be fully prepared to provide fierce, strategic representation at every court proceeding.

Get the Relief and Justice You Deserve

The period following a brain injury is full of intense emotions. Those affected are often angry, terrified, in shock, and overwhelmed. There are critical decisions to make, exorbitant bills to pay, and an uncertain future to face. 

Connect with Stroud, Flechas & Dalton for a free consultation today to get relief from your stress and hope for your future. We will offer you support and give you trustworthy guidance as we work to get you the most favorable case outcome possible.