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Brain Injuries and Auto Accidents in Delaware

Brain and head injuries are hot topics these days. Over the past decade there has been quite a bit of research devoted to brain injuries which are also referred to as traumatic brain injuries (TBI). The three most common causes of brain injuries are:

  • falls,
  • motor vehicle accidents (car, truck and pedestrian accidents), and
  • sports accidents.

TBI is considered the largest disabling condition for children, teens and young adults. In fact, 5 to 24 year old individuals face the highest risk of suffering a TBI. More: Delaware Auto Accidents & Teen Driving – Brain Injuries & Fatal Accidents

Brain Injuries in Delaware

According to the Delaware Department of Health and Social Services, every day, roughly 8 people in Delaware are treated in emergency rooms for a traumatic brain injury. Of those 8, 3 are hospitalized.

Two Delaware hospitals have special rehab centers which provide treatment for individuals with brain injuries.

Bay Health Rehabilitation
Milford Memorial Hospital
21 W. Clark Avenue
Milford, DE 19963
Phone: (302) 422-3311
Christiana Care Center for Rehabilitation
Wilmington Hospital
501 W. 14th St.,
Wilmington, DE 19801
Phone: (302) 428-6744

It’s estimated that in the United States, TBIs cost roughly $50 billion each year. In addition, according to the State of Delaware Strategic Plan for Injury Prevention, 2005-2010, a traumatic brain injury survivor’s lifetime medical expenses may reach roughly $4 million. For more information about brain injuries in Delaware, please contact the Brain Injury Association of Delaware, a not-for-profit organization dedicated to helping TBI survivors.

Diagnosing a Brain Injury After a Serious Auto Accident

Diagnosing a brain injury after a serious auto accident isn’t always easy. In fact, it’s not uncommon for there to be a delay in diagnosis of a TBI after a major car accident. There are 2 reasons for this. First, serious auto accidents often result in multiple, complex injuries. For instance, brain injuries are often accompanied by spinal cord injuries or vertebral injuries. A driver in a serious car crash, like a high-speed head-on collision, may suffer fractures in cervical (neck) vertebrae as well as a brain injury. The emergency treatment often takes center stage. In other words, fractures or other major injuries like internal bleeding will be treated first.

The second reason why brain injury diagnosis may be delayed after a serious car accident has to do with the complexity of brain injuries. Brain injury symptoms aren’t always immediately apparent, and symptoms vary from person to person. Many symptoms mimic symptoms of other injuries. For example, headaches are one of the most common symptoms of a brain injury. However, a driver who suffered both a head injury and neck injury may attribute the headaches to the neck injury, rather than the head injury.

Compensation for Auto Accident Brain Injuries in Delaware

  1. PIP (Personal Injury Protection) Benefits

Under Delaware auto insurance law, drivers and passengers who are injured in car accidents can receive PIP benefits which cover medical expenses. In addition, lost wage benefits are available for those who suffer short or long term disability. Therefore, an individual who suffers a TBI and can’t work for weeks or months after the accident may be able to make a PIP claim for lost pay or wages. PIP law is incredibly complex. There are specific notice requirements, forms that must be filled out, and time deadlines to file a claim. Therefore, if you need help with a PIP claim, contact a car accident injury lawyer immediately.

  1. Auto Accident Injury Lawsuits

In addition to filing PIP claims for medical expenses and lost pay, an individual with a brain injury may be able to file an auto injury lawsuit against the at-fault driver. Under DE injury laws, the injured individual may obtain fair and reasonable financial compensation from the at-fault party for pain and suffering, as well as economic losses (medical bills and lost wages) which exceed PIP.

For more information, please contact our auto accident injury lawyers. Our firm has law offices in Delaware: Wilmington, Newark and Dover. (302) 658-1717

*Disclaimer: This website page does not provide any legal advice or create any attorney-client relationship. Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in Delaware. Any discussion of results is no guarantee of the same or similar results in current or future cases.

*Use of the contact form on this website or emailing one of our lawyers does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.

Knepper Stratton Delaware Car Accident Lawyers

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