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A traumatic brain injury (TBI) is one of the most serious and life-altering injuries a person can suffer. When someone else’s negligence causes your TBI, whether in a car crash on Street Road in Bensalem, a slip and fall at a local business, or a workplace accident near the I-95 corridor, Pennsylvania law gives you the right to pursue compensation. At MyPhillyLawyer, our legal team serves TBI victims throughout Bensalem and the greater Philadelphia area from our principal office in Philadelphia, Pennsylvania. If you or someone you love has suffered a brain injury caused by another person’s carelessness, call us at (215) 227-2727. We are here to help.
Índice
- ¿Qué es una lesión cerebral traumática y por qué es tan grave?
- Common Causes of TBI in Bensalem and Bucks County
- Pennsylvania Law and Your TBI Claim: What You Need to Know
- What Compensation Can a TBI Victim Recover in Pennsylvania?
- Why Bensalem TBI Victims Should Act Quickly After an Injury
- FAQs About Bensalem PA Traumatic Brain Injury Claims
¿Qué es una lesión cerebral traumática y por qué es tan grave?
A traumatic brain injury occurs when a sudden blow, jolt, or penetrating impact disrupts normal brain function. TBIs range from mild concussions to severe injuries that cause permanent cognitive, physical, and emotional damage. The brain controls everything, so when it is injured, the effects can reach every part of a person’s life.
According to Pennsylvania’s Brain Injury Advisory Board, 543,288 people in Pennsylvania are living with brain injury-related disabilities, and 138,600 new brain injuries are sustained by adults and children in the state each year. These numbers show that TBI is not a rare event. It is a widespread public health problem that touches communities across Bucks County, including Bensalem.
TBI is a contributing factor to approximately 30% of all injury-related deaths in the United States. Even when a TBI is not fatal, it can permanently alter a victim’s ability to work, communicate, and care for themselves. Cognitive difficulties, memory loss, chronic headaches, personality changes, and seizures are all common long-term effects. Victims often require ongoing medical treatment, rehabilitation, and in-home care for years after the initial injury.
Mild TBIs are often misunderstood. Most TBIs that occur each year are mild, commonly called concussions. But “mild” does not mean harmless. A concussion that goes untreated, or a second concussion suffered before the first one heals, can cause lasting neurological damage. If you were told your injury was “just a concussion” but you are still experiencing symptoms weeks later, take that seriously and speak with a doctor and a personal injury attorney.
The financial toll of a TBI is enormous. Lifetime care costs for a moderate-to-severe TBI can reach into the millions of dollars. Lost wages, medical bills, rehabilitation expenses, and home modification costs all add up fast. That is exactly why having a knowledgeable legal team on your side matters so much.
Common Causes of TBI in Bensalem and Bucks County
TBIs in Bensalem happen in predictable ways, and many of them involve someone else’s negligence. Knowing the most common causes helps you understand whether you have a valid personal injury claim.
According to Pennsylvania TBI data, falls account for 47% of TBIs, traffic accidents account for 14%, assaults account for 9%, and being struck by or against an object accounts for 15%. These numbers reflect what we see in Bensalem, where busy roads like Street Road (Route 132) and the I-95 interchange create serious accident risks every day.
Motor vehicle crashes are a major source of TBI claims. A rear-end collision, a head-on crash, or a T-bone accident can all cause the brain to slam against the inside of the skull with enough force to cause a serious injury. Drunk driving accidents and distracted driving accidents are particularly dangerous because the at-fault driver often hits the victim at full speed without braking.
Slip and fall accidents at locations like the Neshaminy Mall or Parx Casino are another frequent cause of TBI in the Bensalem area. When a property owner fails to maintain safe premises, a customer who slips and hits their head on a hard floor can suffer a devastating brain injury. These claims fall under Pennsylvania’s premises liability law, which holds property owners responsible for injuries caused by their negligence.
Workplace accidents, especially in construction and warehouse environments near the Bensalem industrial corridor, also cause a significant number of TBIs. A worker who falls from scaffolding or is struck by falling equipment can suffer a brain injury that ends their career. In those situations, both a workers’ compensation claim and a third-party personal injury lawsuit may be available options.
Pedestrian and bicycle accidents on Bensalem’s roads and around the Delaware River waterfront area are also common TBI causes. When a driver fails to yield to a pedestrian or cyclist, the unprotected victim often suffers a head injury as the most serious consequence of the collision.
Pennsylvania Law and Your TBI Claim: What You Need to Know
Pennsylvania law gives TBI victims the right to recover compensation from the person or entity responsible for their injury. Several key legal rules govern how these claims work, and understanding them before you act is essential.
The statute of limitations is the deadline for filing your lawsuit. Under 42 Pa. C.S. § 5524, personal injury claims in Pennsylvania generally must be filed within two years of the date of the injury. Missing this deadline almost always means losing your right to sue entirely. If your TBI was caused by a car accident, a fall, or any other act of negligence, the clock starts running on the date of the incident. Do not wait.
Pennsylvania’s comparative negligence rule, found at 42 Pa. C.S. § 7102, determines what happens when the injured person is partially at fault. Under this statute, your damages are reduced by the percentage of fault assigned to you, but you can still recover as long as your share of fault is not greater than the combined fault of all defendants. If you are found to be 51% or more at fault, you recover nothing. This is why defendants and insurance companies often try to shift blame onto the victim.
If your TBI resulted from a car accident, your auto insurance tort election matters. Under 75 Pa. C.S. § 1705, Pennsylvania drivers choose between “full tort” and “limited tort” coverage. With a limited tort policy, you generally cannot sue for pain and suffering unless your injury qualifies as a “serious injury.” A TBI almost always meets the serious injury threshold, but you should confirm your coverage with an attorney as soon as possible.
If a loved one died from their TBI, Pennsylvania’s Wrongful Death Act at 42 Pa. C.S. § 8301 allows eligible survivors to recover damages for medical expenses, funeral costs, and loss of the deceased’s financial contributions to the family. A personal representative of the estate may also bring a survival action to recover damages the deceased would have been entitled to had they lived.
What Compensation Can a TBI Victim Recover in Pennsylvania?
TBI victims in Pennsylvania can pursue a wide range of damages depending on the facts of their case. Compensation is not limited to just medical bills. The law recognizes that a brain injury touches every part of a person’s life.
Economic damages include all out-of-pocket financial losses. These cover past and future medical expenses, including emergency care, hospitalization, surgery, neurological treatment, physical therapy, occupational therapy, speech therapy, and prescription medications. Future medical costs are especially significant in TBI cases because many victims need care for decades. Lost wages are also recoverable, covering the income you lost while unable to work. If your TBI permanently limits your ability to earn a living, you can also claim lost future earning capacity.
Non-economic damages compensate for losses that do not come with a price tag. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (the impact on your relationship with a spouse or partner) are all recoverable under Pennsylvania law. For a TBI victim who can no longer enjoy activities they once loved, such as hiking along the Delaware Canal State Park trail or attending events at Lincoln Financial Field, these losses are very real.
In cases involving particularly reckless or intentional conduct, punitive damages may also be available. These are designed to punish the wrongdoer and deter similar behavior in the future. Drunk driving accidents are one situation where punitive damages are sometimes pursued.
The value of a TBI claim depends on many factors, including the severity of the injury, the strength of the evidence, the available insurance coverage, and the skill of the legal team handling the case. Every case is different, and past results in other cases do not guarantee a specific outcome in yours. What we can tell you is that having experienced legal representation significantly affects how a claim is handled and what options are available to you.
Why Bensalem TBI Victims Should Act Quickly After an Injury
Time is critical in a TBI case. The steps you take in the days and weeks after a brain injury can make a significant difference in the outcome of your legal claim. Acting fast protects your rights and preserves the evidence you need to prove your case.
Seek medical attention immediately, even if your symptoms seem minor. TBIs do not always produce obvious symptoms right away. Headaches, dizziness, confusion, and memory problems can appear hours or even days after the initial impact. A medical record created close to the time of the injury is powerful evidence that connects your symptoms to the accident.
Report the incident. If your TBI resulted from a car accident on Route 1 in Bensalem, a fall at a business near the Neshaminy Creek area, or a workplace incident, make sure the accident is officially documented. A police report, an incident report filed with a business, or a workplace injury report all create an official record that supports your claim.
Preserve evidence. Photographs of the accident scene, your injuries, and any hazardous conditions are valuable. Witness contact information, surveillance footage, and medical records should all be gathered as soon as possible. Surveillance footage in particular can be overwritten within days.
Contact a personal injury attorney before speaking with any insurance company. Insurance adjusters are trained to minimize payouts. Statements you make early in the process can be used against you. A Philadelphia abogado de lesiones personales at MyPhillyLawyer can handle all communication with insurers on your behalf, so you can focus on recovering.
Do not settle too quickly. TBI symptoms can evolve over time, and the full extent of your damages may not be clear for months. Accepting a quick settlement before you understand the full scope of your injury can leave you without the compensation you truly need. Let a legal team evaluate your claim before you sign anything.
FAQs About Bensalem PA Traumatic Brain Injury Claims
¿Cuánto tiempo tengo para presentar una demanda por lesión cerebral traumática en Pensilvania?
Under 42 Pa. C.S. § 5524, most personal injury claims in Pennsylvania must be filed within two years of the date of the injury. If you miss this deadline, you will almost certainly lose your right to pursue compensation in court. There are narrow exceptions, such as cases involving minors or situations where the injury was not immediately discovered, but you should not count on an exception applying to your case. Contact MyPhillyLawyer at (215) 227-2727 as soon as possible to protect your rights.
Can I still recover compensation if I was partly at fault for my TBI?
Yes, in most situations. Pennsylvania follows a modified comparative negligence rule under 42 Pa. C.S. § 7102. This means your compensation is reduced by your percentage of fault, but you can still recover as long as you are not more than 50% responsible for the accident. For example, if you are found 20% at fault and your damages total $500,000, you would recover $400,000. Insurance companies often try to inflate the victim’s share of fault to reduce or eliminate payouts, which is why having legal representation is so important.
What if my TBI was caused by a slip and fall at a Bensalem business?
Property owners in Pennsylvania have a legal duty to maintain safe premises for visitors. If a dangerous condition, such as a wet floor, broken step, or inadequate lighting, caused your fall and resulting TBI, the property owner may be liable under Pennsylvania premises liability law. You must be able to show that the owner knew or should have known about the hazard and failed to fix it or warn visitors. These cases require prompt investigation to preserve evidence like surveillance footage and incident reports.
What if the person who caused my TBI had no insurance or not enough insurance?
If your TBI was caused by an uninsured or underinsured driver, you may be able to recover through your own uninsured/underinsured motorist (UM/UIM) coverage. Pennsylvania law allows drivers to purchase this protection, and it can be a critical source of compensation when the at-fault driver cannot fully cover your damages. If your TBI resulted from a non-vehicle incident, other sources of recovery, such as a property owner’s liability policy or an employer’s insurance, may apply. An attorney can help identify all available coverage.
Do I need a lawyer for a TBI claim, or can I handle it myself?
TBI claims are among the most complex personal injury cases. They involve medical evidence from neurologists and other specialists, long-term damage projections, disputes over causation, and aggressive insurance defense tactics. Handling a TBI claim without legal representation puts you at a serious disadvantage. MyPhillyLawyer handles personal injury cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Call us at (215) 227-2727 or toll free at 866-352-4572 to discuss your situation at no cost to you.
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