Closed Head Injuries
A closed head injury is an injury to the head that does not result in penetration to the skull; these types of injuries can be as minor as a slight concussion with minimal effects to life-threatening injuries that require surgery. The most common reason that closed head injuries occur are as follows:
- Falling from a height or even just collapsing while standing.
- Sports-related injuries usually occur during contact sports, such as football, boxing, wrestling, hockey, and lacrosse.
- Car, motorcycle, and cycling accidents.
One of the most common football injuries is closed-headed injuries that generally start as minor concussions; however, the more concussions someone gets, the more severe the damage can get. For example, multiple concussions can result in TBI, also known as traumatic brain injuries.
Iowa Closed Head Injuries Attorney
If you are a victim of a closed head injury and you believe the accident you were in is the fault of another party, you may be eligible for compensation under Iowa law. To fight for compensation after sustaining closed head injuries, you need the help of a skilled and experienced personal injury lawyer. During a difficult and frustrating time such as this, turn to the attorneys at McCarthy & Hamrock, P.C..
Our lawyers have decades of experience representing people with head and brain injuries. We can negotiate when possible and litigate when necessary to fight for the compensation you deserve. Call (515) 279-9700 to schedule a free consultation today.
McCarthy & Hamrock, P.C. has offices in West Des Moines but accepts clients throughout the greater Polk County and Dallas County area.
- Symptoms Of Closed Head Injuries
- Damages In A Closed Head Injury Case
- Workers’ Compensation Damages
- Statute Of Limitations For Closed Head Injury Cases
- Additional Resources
Symptoms Of Closed Head Injuries
People with minor closed head injuries, such as hitting their head on a cabinet, may not have symptoms; however, if the following symptoms are occurring, it is recommended a doctor is contacted and closed head trauma is considered.
- Nausea and/or vomiting;
- Vision and/or hearing issues;
- Swelling around the face or eyes;
- Difficulty concentrating on tasks that never caused issues before;
- Rapid move or behavior changes, or feeling easily irritated;
- Difficulty speaking; or
- Being overly sensitive to bright lights or noises.
These symptoms may begin to show within a few hours; however, it may also be several days before they start to show. Therefore, it is important to always keep track of any changes when a head injury is sustained.
Damages In A Closed Head Injury Case
Damages can be awarded depending on who is at fault for the injuries. For example, a work-related injury could make the employer liable.
Personal Injury Lawsuit Damages
Personal injury lawsuits arise when there is a legal dispute between two individuals due to someone being injured because of someone else’s negligence.
Economic damages are generally actual damages that are easily calculated, such as:
- Hospital bills
- Loss of income
- Physical therapy
These damages may include past and future expenses for medical and wages. Future medical expenses are somewhat difficult to calculate and usually require an expert witness. The expert witness will review the plaintiffs’ medical file and testify to the treatment and medication that may be necessary for the future due to the closed head injuries.
Non-economic damages are more subjective than economic damages because they have more to do with the plaintiff’s resulting mental illness. For example, non-economic damages may include pain and suffering, depending on how an individual reacts to the injuries.
Workers’ Compensation Damages
Workers’ compensation includes medical benefits, disability benefits, and vocational rehabilitation benefits.
Individuals who are injured at work are entitled to full medical benefits, which are paid to an employee for any work-related injury.
Workers’ compensation provides temporary total disability benefits, which equals two-thirds of the injured parties’ average weekly earnings. For example, if someone is going to be out of work for more than fourteen days, they will begin receiving disability benefits within the first four days of being out of work.
Vocational Rehabilitation Benefits
Some injuries allow an individual to return to work while still injured; however, that does not always mean the injured party returned to their previous role. If the individual is still actively participating in vocational rehabilitation once they go back to work, they may be entitled to receive up to $100 per week for a maximum of 13 weeks. However, the number of weeks that vocational rehabilitation benefits are received may be extended if rehabilitation is necessary for more than 13 weeks.
Statute Of Limitations For Closed Head Injury Cases
A statute of limitations requires a lawsuit or claim to be filed within a certain time period after sustained injury. The statute of limitations varies depending on the lawsuit or claim filed.
Personal Injury Lawsuit
The statute of limitations for a personal injury lawsuit is two years. This means a complaint must be filed within two years of the injury or within two years of the injured party determining who is at fault for the injury. As a result, if a complaint is not filed within two years, it is unlikely that a lawsuit may be filed, and if it is filed, it may be dismissed.
Workers’ Compensation Claim
The statute of limitations for a workers’ compensation claim must be filed within 90 days of the injury being sustained. However, sometimes an individual does not know that the injury sustained is worked related, meaning the 90 days does not begin to run until the person figures out that it is work-related.
SCL Health: This website provides more information on the symptoms, testing, and treatment of closed head injuries.
Iowa Workforce Development: This spreadsheet provides a rate book for injuries that may be sustained and the number of benefits that will be paid depending on the injury.
West Des Moines Closed Head Injuries Attorney | Polk County, Iowa
Closed injuries can be life-altering events. At McCarthy & Hamrock, P.C., our West Des Moines experienced personal injury attorneys understand that financial instability, stress, and physical recovery can discourage accident victims from seeking legal representation. If you have suffered closed head injuries as a result of an accident, contact McCarthy & Hamrock, P.C. for qualified legal counsel. We are prepared to protect your rights.
To schedule your first consultation, call (515) 279-9700 today. McCarthy & Hamrock, P.C. is based in the West Des Moines area, but we accept clients throughout Polk County and Dallas County including Ankeny, Altoona, Polk City, Johnston, Pleasant Hill, Windsor Heights, Van Meter, Minburn, Waukee, Redfield, Adel, Dallas Center, and Perry.