When people get behind the wheel while intoxicated, they risk not only causing an accident but also inflicting serious injuries on themselves, their passengers, and other people on the road. Since alcohol impairment makes it hard to stay in the proper lane, for example, drunk drivers are more likely to cause head-on collisions. High-speed accidents are also common among drunk drivers since alcohol impairs decision-making and the ability to maintain a constant velocity.
In both head-on collisions and high-speed crashes, traumatic brain injuries (TBIs) are likely to result. Fortunately, those who sustain a TBI in a drunk driving accident may be entitled to compensation for their medical bills and other damages.
If you were seriously hurt in a collision with an impaired motorist and you want to file a brain injury claim, you probably have a lot of questions. Below, you’ll find the answers to three general FAQs about these cases:
- How Can I Prove Liability for a Drunk Driving Accident?
If you sustained a TBI in a drunk driving accident, evidence that may help your attorney prove fault includes:
- The official police report;
- The results of chemical tests conducted at the scene and shortly thereafter;
- Eyewitness testimony;
- Receipts or surveillance footage from any nearby establishments that served the impaired motorist alcohol;
- Social media posts;
- Cell phone records; and
- Photographs of the wreckage.
- How Can I Prove the Severity of a Brain Injury?
TBIs are incredibly complex, and even extensive brain damage may not be visible on diagnostic images. As such, you should expect the opposing party to challenge the severity of your injury.
Besides diagnostic imaging, the following evidence may contribute to the strength of your claim:
- Statements from TBI specialists like neurologists;
- Psychological test results;
- Medical records;
- Personal journal entries detailing the ways in which the TBI is affecting your everyday life; and
- Statements from friends, loved ones, and coworkers discussing the differences they have noticed in your personality, demeanor, and overall cognitive function since the accident.
- What Damages Might Be Recoverable After Sustaining a Brain Injury?
If you sustained a traumatic brain injury in a drunk driving accident in Massachusetts, you have the right to pursue compensation for all resulting damages including:
- Past medical bills;
- Future healthcare expenses;
- Lost wages;
- Lost benefits;
- Loss of future earning capacity;
- Property damage;
- Alternative transportation;
- Any necessary home and vehicle modifications;
- Home care;
- Child care;
- Domestic help;
- Other objectively verifiable losses;
- Scarring and disfigurement;
- Emotional distress;
- Loss of enjoyment in life;
- Pain and suffering; and
- Loss of companionship or consortium.
Call 212-980-6800 to Speak with a Brain Injury Attorney in Massachusetts
If you want to file a traumatic brain injury claim in Massachusetts, contact Charnas Law Firm. Attorney Scott Charnas has helped hundreds of clients throughout New York and Massachusetts in personal injury and wrongful death cases. Call 212-980-6800 or use our Online Contact Form to set up a free case evaluation with a brain injury lawyer in Massachusetts.