Blunt Force Trauma Lawsuit

Blunt force trauma is a type of injury caused by an impact with a blunt object. A blunt object can be nearly anything without sharp edges. A few examples are hammers, fists, sports equipment, cars, steering wheels, road surfaces, furniture, walls, flashlights, ceiling beams, bicycles, and batons. Even fluid objects like bodies of water can be considered blunt objects if struck at high speeds.

Blunt force injuries are also known as non-penetrating trauma to discern from penetrating trauma. Penetrating trauma is an injury caused by the abrupt and direct force on a focal point where an object pierces and enters the tissue. For example, a knife or bullet can cause tissue damage in the path of penetration.

The vast majority of trauma cases are non-penetrating. Only 5 to 12 percent of traumatic brain injuries are caused by penetrating trauma.

About 75 percent of all cases of blunt force trauma happens to the abdominal area. Although more people suffer blunt force trauma to the abdomen, traumatic brain injury from blunt force trauma to the head is the single largest cause of death from injury in the United States, according to The American Association for the Surgery of Trauma.

The reason for the more significant number of deaths is the overall delicacy of the brain. The brain has a gelatin-like consistency that’s soft and malleable. The brain essentially floats inside the skull without internal support that keeps it from smashing into the skull walls. That’s why a blow or jolt to the head can be so dangerous.

Long-term effects on the brain depend on many factors, including the severity of the injury, location of the trauma, and recovery rate.

Cognitive Decline

An injury to the brain from blunt force can result in immediate or long-term effects on a person’s mental abilities. Short-term memory loss is common after a brain injury. In some cases, memory problems worsen or do not improve. Other examples of cognitive decline include loss of language, poor concentration, lack of empathy, reduction in motivation, and visual impairments.

Physical Ailments

Brain injuries can also affect a person’s physical capabilities. For example, those with brain injuries may experience headaches, fatigue, and sensory changes. Connections have been made to neurodegenerative disorders like Parkinson’s disease.

Mood and Behavior Changes

There may be long-term alterations in behavior in those who suffer brain injuries as well. Families of football players have noted mood changes after repeated head trauma. Some have even committed suicide and were later found to suffer from chronic traumatic encephalopathy.

Without question, it is safe to say that many accidents occur because of someone’s negligence. A rule of thumb says when one individual in an accident was not as careful as another was, then the less careful individual is obligated to pay for a portion of the other person’s damages.

Legally, the determination of who is liable for injuries caused by blunt force trauma can be made using the negligence rule mentioned above, along with at least one of these simple propositions:

• Was the injury victim in a place where he or she shouldn’t have been? Or, was he or she in a place where the type of activity causing the accident should have been expected? If either answer is affirmative, the individual causing the accident may not be liable because no “duty” existed requiring carefulness toward the injured individual.
• If the injured party was also careless, the amount of awarded compensation could be lowered by the degree of the victim’s carelessness.
• If a careless individual is working for an employer when causing an accident, the legal responsibility for the accident may also fall to the employer.
• If the location of an accident is on poorly constructed or maintained property, the property owner is responsible for carelessly maintaining the property and creating a dangerous situation, whether intentional or not.
• If a defective product causes an accident, both the maker and the seller are liable, whether or not the injury victim knows exactly whose carelessness created or allowed the defect, or even how the defect occurred.

The role that a blunt force trauma lawyer plays in this type of lawsuit is essential and includes the following functions:

• Explains Victim’s Rights – Because each accident scenario is different, an injury victim must be informed of all the various legal issues and personal rights involved. For example, varying laws in each state determine the statute of limitations and how the comparative negligence factor can affect a case.
• Provides Sound Advice – The degree of reliable legal counsel that an experienced personal injury lawyer offers can help a victim have confidence in the process as the lawsuit is maneuvered through various legal procedures and a maze of paperwork. Additionally, the attorney’s objective opinions can enable the plaintiff to choose the best possible options without frustration, anger, fear, or stress.
• Representation in Court – A great many injury lawsuits do not go to the trial stage. Instead, they are settled, often before the case is ever filed. However, if an insurer denies the claim, the victim may need to proceed through a civil trial to recover damages.
• Performs a Professional Investigation – It is not unusual for a personal injury law firm to have its own investigators review and document facts from the accident scene. These professionals also personally interview all witnesses, plus develop alternative theories of possible accident scenarios. Some firms use retired police officers and licensed private eyes. When disputes exist about an accident’s cause, a blunt force trauma lawyer can bring in an accident reconstruction expert to dispel the controversy.
• Connects With Medical Professionals – Often, attorneys have developed a working relationship with medical providers who will give medical services in exchange for a lien on the lawsuit’s final judgment or settlement. 
• Assesses Accurate Damages – Accident victims tend to only focus on the immediate impact of the accident. This is understandable since expenses are likely mounting due to missing paychecks, medical bills, and car repairs. An experienced attorney, however, can turn these current issues into an avenue for compensation. By identifying an accurate estimate of the injury’s long-term effects and gauging future lost earning capacity, the negatives can become points for additional compensation value. Many lawyers bring in an actuary or economist for help to assess the overall lifetime impact that an accident’s damages will have.
• Covers a Wide Variety of Legal Processes – The number of legal forums into which a skilled blunt force trauma lawyer may be required to delve can vary from one case to another. There may be a need to negotiate with an insurance company somewhere along the line. There may also be a need to litigate the case in court should a settlement offer be unsatisfactory or the claim is denied. Litigation can be an extremely complicated matter that calls for strict adherence to proper court procedures and all the rules of evidence. Generally, such weighty matters are best handled by a highly skilled and qualified personal injury lawyer.