Common causes of brain injuries are accidents and oxygen deprivation. Accidents are often sudden and unpredictable, such as traffic accidents, but when negligence leads to a traumatic brain injury (TBI), the consequences can be life-altering.
In Hawaii, oxygen deprivation is often associated with ocean activities or swimming pools; although medical emergencies and medical malpractice are also often implicated. For those who find themselves or their loved ones facing the aftermath of a TBI injury in Honolulu, understanding your legal rights is crucial.
Learn more about the accidents and activities in Hawaii that commonly result in TBIs and oxygen deprivation to the brain, the severity of these injuries, legal options for compensation, the role of a Honolulu brain injury lawyer, and why seeking legal guidance is so important.
COMMON ACCIDENTS LEADING TO TBIs IN HAWAII
Approximately 4.360 traumatic brain injuries require hospital treatment among Hawaii residents each year. It’s important to note that these accidents can occur in various settings, including public spaces, private properties, recreational areas, and workplaces.
Each situation requires careful assessment to determine liability and the legal options available to TBI victims or their families. Let’s look at some common accidents that lead to traumatic brain injuries (TBIs) in Hawaii.
MOTOR VEHICLE COLLISIONS
Car accidents, motorcycle crashes, and truck accidents are significant contributors to TBIs. In recent years, mopeds have grown in popularity amongst tourists and residents alike. Unfortunately, they are easily lost in the masses of SUVs and pickups where their presence is obscured from the view of other drivers.
Hawaii’s busy roads and highways, especially in urban areas like Honolulu, increase the risk of serious head injuries in traffic accidents. Increased congestion results in greater frustration and road rage, which in turn, increases both the frequency and severity of traffic accidents.
Increased traffic density and the proliferation of large SUVs and trucks also increase the danger to bicyclists and pedestrians who are vulnerable to head injuries inflicted by impacts with vehicles and roadway pavement.
MEDICAL MALPRACTICE
Oxygen deprivation during medical emergencies or treatment is a major cause of brain injury. Malpractice during newborn delivery resulting in brain damage caused by oxygen deprivation is perhaps the most tragic type of case we handle. Other common situations involve anesthesia and cardiac or heart-related incidents involving the reduction or stoppage of blood flow to the brain.
WATER SPORTS-RELATED INJURIES
Hawaii’s outdoor lifestyle encourages participation in ocean sports such as surfing, biking, diving, canoe paddling, bodyboarding, sailing, riding jet skis, and snorkeling. While these activities are only natural in an island state in the middle of the Pacific Ocean, they also carry the risk of accidents resulting in traumatic brain injuries or oxygen deprivation due to drowning and near-drowning experiences.
The presence of millions of visitors, many with little or no experience swimming in the ocean, learning popular ocean activities in crowded conditions adds to the danger. The presence of waves, tides, currents, and deep waters makes ocean activities far different from swimming in a backyard or community pool. The failure of ocean activity providers to provide adequate instructions, equipment, and supervision to novice swimmers while managing tight schedules and shortages of qualified staff are additional factors.
RECREATIONAL ACTIVITIES
With lush tropical weather and scenery and sunny weather, tourists and residents alike engage in recreational activities like hiking, zip-lining, ATV riding, mountain biking, and horseback riding tours. You can ride a bicycle 14 miles on a winding road down a volcanic mountain; or zipline through a tropical forest, or hike along steep cliffs overlooking white sand beaches and the ocean below. Accidents during these activities, including collisions, falls, and equipment malfunctions, can lead to TBIs.
CONSTRUCTION AND WORKPLACE ACCIDENTS
Construction sites, factories, and other workplaces are environments where head injuries can occur due to falls from heights, being struck by objects, or machinery accidents.
UNDERSTANDING TRAUMATIC BRAIN INJURIES
According to the Hawaii Department of Health, from 2015 to 2019, there was an annual average of 1,341 hospitalizations and 3,465 emergency department (ED) visits in Hawaii related to TBIs.
Traumatic brain injury affects each victim differently. TBIs range from mild concussions to severe brain damage, with long-lasting consequences that can impact every aspect of a person’s life. Symptoms of a severe TBI may include memory loss, hearing or vision impairment, headache, loss of concentration, sleep disturbance, confusion, depression, personality changes, coma, and more.
In the most severe cases, brain injury can result in total disability and require 24-hour supervision and care. It’s crucial to seek medical attention immediately after any head injury to assess the severity and begin appropriate treatment.
It is often difficult for family members to understand and accept the changes brought on by TBI. In some cases, symptoms of TBI do not appear until weeks or months after the initial accident. The impact of a brain injury may be profound. Our firm is dedicated to seeking compensation on behalf of victims and their families that considers the multiple effects of a brain injury.
COMPENSATION FOR TBI VICTIMS
Brain injury cases often involve the largest recoveries where lifetime care is required. It’s essential to consult with a knowledgeable attorney who has successfully handled traumatic brain injury cases. Our attorneys have handled traumatic brain injuries, as well as, malpractice related brain injuries, and have the experience necessary to properly assess your damages and pursue fair compensation.
The amount of compensation can vary widely based on factors such as the severity of the injury, long-term prognosis, impact on daily life, and the extent of liability established. Your Honolulu brain injury attorney can help you understand the true value of your claim. Let’s take a closer look at what damages you might qualify for.
MEDICAL EXPENSES
This includes all past, current, and future medical costs related to the TBI, such as hospitalization, surgeries, doctor visits, medications, rehabilitation, therapy (physical, occupational, and speech therapy), nursing care, home care assistants, assistive devices, and ongoing medical care.
LOST WAGES
If the TBI prevents you from working or results in a loss of income, compensation may cover lost wages. When calculating lost wages, you would include both past earnings and future projected lost wages. If your injury negatively impacts your ability to work in the same capacity as before your TBI, you would also include damages for your lost future earning capacity.
PAIN AND SUFFERING
Noneconomic damages like pain, suffering, mental anguish, emotional distress, and loss of enjoyment of life are often factored into compensation. These damages aim to address the physical and emotional toll of the TBI on your life and well-being.
DISABILITY AND IMPAIRMENT
If the TBI leads to a permanent disability, impairment, or reduced quality of life, compensation may be awarded to account for these long-term consequences. This can include compensation for loss of mobility, cognitive impairments, and other permanent disabilities.
HOME MODIFICATIONS AND CARE
If the TBI necessitates modifications to your home or lifestyle to accommodate disabilities, compensation may cover these expenses. Such modifications include things like wheelchair ramps, accessible bathrooms, or in-home care services. In the most serious cases, residential care facility living may be required.
LOSS OF CONSORTIUM
In cases where the TBI affects your relationship with your spouse or family members, there could be compensation for the loss of consortium or companionship.
PUNITIVE DAMAGES
In cases involving egregious negligence or intentional harm, the court can award punitive damages to punish the responsible party and deter similar misconduct in the future. However, Hawaii law imposes strict criteria for awarding punitive damages and they are relatively rare.
WHY HIRE A HONOLULU BRAIN INJURY LAWYER?
Hiring a traumatic brain injury lawyer in Honolulu is crucial for several reasons.
First and foremost, these attorneys have specialized expertise and experience in handling TBI cases, and they understand the intricate medical and legal issues involved. They can navigate the complexities of Hawaii’s laws, ensuring that your case is handled efficiently and effectively.
A skilled TBI lawyer can assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and long-term care needs. Lawyers have access to medical experts and others who can provide expert testimony to support your case. Additionally, TBI attorneys know how to handle negotiations with insurance companies or responsible parties on your behalf. In short, your attorney will protect your rights and advocate for your best interests throughout the legal process.
CONTACT CRONIN, FRIED, SEKIYA, KEKINA & FAIRBANKS
At Cronin, Fried, Sekiya, Kekina & Fairbanks, we represent local residents and Hawaii visitors who have suffered brain injuries from serious accidents suffered in incidents such as:
- Car, truck, pedestrian, bicycle, and motorcycle accidents;
- Drunk driving accidents;
- Medical malpractice; and
- Recreational, ocean, and tourist activities.
Our firm will investigate the cause of your accident, determine who is responsible and seek compensation to cover your current and long-term expenses and damages associated with the injury. Our experience and dedication to helping clients have resulted in a long list of verdicts and settlements on behalf of many of our seriously injured clients.
If you or a loved one has suffered a brain injury in Honolulu, don’t wait to seek legal guidance. Contact Cronin Fried Sekiya Kekina & Fairbanks for a compassionate and experienced Honolulu brain injury lawyer who will advocate for your rights and help you rebuild your life.
To speak to a lawyer about your legal options following an accident, contact our law firm in Honolulu by calling 808-201-6625 or by contacting us online.