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Head Injuries That Can Hamper A Car Accident Lawsuit And How To Cope

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When you are in a car accident and you want to sue the other party, a large portion of your case rests on your ability to recall what happened. If you suffer head injuries that make it nearly impossible to request a lawsuit, your next of kin has to file for you. Here are some of the head injuries and diagnoses post-accident that will require a family advocate and rely heavily on police documentation and witnesses if you are going to win your case:

Traumatic Brain Injury

Next to a coma, this is one of the most severe head injuries a person can suffer in an accident. Either the victim was unable to breathe for more than five minutes, depriving the brain of oxygen, or the victim's head was smashed against a hard surface, creating swelling on the brain. Fracturing the skull such that the brain was exposed to the open air and particles of dirt and substances that caused an infection is another cause of traumatic brain injury. In these cases, the person recovering will not be able to even speak. A family member has to appear in the victim's stance in court.

Amnesia

Traumatic brain injury is bad enough, but amnesia is almost worse. The victim may be in reasonable physical shape to appear in court, but cannot recall any of the events leading up to, and including the accident. Short of several bystander witnesses, expert witnesses, and police reports, your auto accident attorney is going to have a difficult time pursuing this case. Hopefully, you have all of the witnesses and reports you need so that you do not have to testify.

Aphasia

Aphasia is a disorder in the brain whereby you cannot remember how to speak or you cannot understand what is being said. It is caused by powerful blows to your frontal and temporal lobes of your head and brain (similar to the smacking of one's head on pavement or on a dashboard/steering wheel). You may also not be able to remember how to write, which makes communication very difficult for any court proceedings. A relative may have to speak on your behalf.

How to Cope

Your focus should be on recovery. A personal representative, such as a close family member or long-time friend, can speak on your behalf, if and when needed. Your auto accident attorney should also be able to relate much of the information about your accident and file court documents so that you can rest as needed.


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