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Baby Girl Hospitalized After Softball Hits Her

by / Tuesday, 08 May 2018 / Published in Traumatic Brain Injury

A 7-week-old baby girl is fighting for her life after she was struck by a softball.

Baby Girl Hospitalized After Softball Hits Her

is fighting for her life after a softball struck her in the head while she was at her dad’s game last week.

McKenna Hovenga suffered multiple skull fractures and two brain bleeds after a freak accident in early May 2. The baby and her mother were attending her dad’s softball game when a ball flew over the fence and hit her. The newborn also battled several seizures due to the severe brain injury.

The family “never saw the ball coming,” according to a YouCaring page created on her behalf. No one is being blamed for the freak accident.

“Unfortunately, we can’t bubble wrap our babies, as much as we may want,” a post on the YouCaring page says. “We blame NO ONE.”

Traumatic Brain Injury Accidents

Almost 1.4 million Americans sustain a traumatic brain injury (TBI) each year and most of them do not know how to file a TBI lawsuit to protect themselves after those TBIs.  Knowing how wide-spread these types of injuries are, even more frightening is that some people do not show signs of a TBI until weeks or even months after sustaining the injury. Because of that, it can be hard to pursue legal action. Below we will outline what a TBI is, and how you can protect yourself if you or a loved one suffers a TBI through someone else’s negligence.

Traumatic Brain Injury (TBI)

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Over the past few years, traumatic brain injuries have gained a lot of attention in the media due to the fact that more and more information is becoming more widely available. One of the main reasons TBIs have become so widely discussed is because of the amount of football players that are coming forward with TBIs, and issues related to TBIs.

TBIs in football players have been linked to high levels of depression, suicide, and violent behavior. But it’s not just football players, who take numerous hits to the head, that are victims of TBI. Across the nation, an estimated 1.7 million people sustain TBIs annually. Of that number: 52,000 die, 275,000 are hospitalized, and 1.365 million are treated and released from emergency rooms.

Traumatic brain injury is brain dysfunction caused by an external force, such as a violent blow or jolt to the head or body during an accident, or an object penetrating the skull.

There are various levels of traumatic brain injuries, but all of them should be taken seriously, as even TBIs termed “mild” can have serious consequences.

Mild traumatic brain injury, such as a slight or mild concussion can cause temporary dysfunction of brain cells. More serious traumatic brain injury can result in bruising, torn tissues, bleeding, and other physical damage to the brain. This can result in long-term complications and even death.

The effects of a TBI are not just limited to physical, but also psychological effects. And though some signs or symptoms appear immediately, some only appear days or weeks later. In cases like this, because the incident has occurred so long ago, you might not even realize that you are dealing with a symptom of a TBI.

What Causes TBIs?

Any number of things can cause a TBI, including a car accident, bus accident, or a faulty product. Below we outline some of these common accidents that are also common personal injury accidents that would warrant a lawsuit.

Automobile Accidents

Automobile accidents are the most common type of  personal injury lawsuit. An innocent party injured in the accident is able to collect damages for injuries incurred, including TBIs. An injured driver may be compensated for damage to the vehicle, lost wages, future lost wages, and possibly for emotional pain and suffering.
Products Liability
 
In a products liability lawsuit, a plaintiff sues a manufacturer for damages if he or she is injured by a defective product. Often times a product is ruled “defective” as the result of a manufacturing defect, a design defect, or because of a failure to warn the public about the defect.
Failure to warn is an issue of negligence by the manufacturer, due to the fact the company failed to take precautionary measures and warn consumers of a possible danger. A manufacturer can only be found liable for damages if the injured consumer was using the product in the correct way it was intended to be used. A consumer is not eligible to collect damages if he or she was misusing the product in some unreasonable way. Some products liability cases are considered strict liability, which means the manufacturer can be found responsible for damages regardless of whether or not the manufacturer was found to be negligent.
Workplace Injuries
 
If a plaintiff is injured at his or her place of employment, such as an accident, slip and fall, or illness caused by the workplace, it can be classified as a workplace personal injury case. It must be shown that the injury was directly related and caused by the working conditions. It must also take place on the property of the employer.
This accident can result from unsafe working conditions, exposure to harmful substances, and even high stress environments that cause psychological conditions. It must be proven that an employer did not take the necessary precautions to at least try to protect the employee. Compensation can include lost wages, future earning, reimbursement for medical expenses, and/or pain and suffering.

Pursue TBI Lawsuit – Working with a Personal Injury Attorney

If you or a family member has sustained a TBI as the result of a car accident, motorcycle accident, elevator accident, or someone else’s negligence, you’ll need to know how to pursue a lawsuit that will get you compensation for money and time spent in recovery.

A personal injury attorney handles any number of things that are “personal injuries,” including car and bus accidents, elevator accidents, accidents that occur on city streets, bed bugs, dog bites, and construction accidents and wrongful deaths.

A personal injury can be defined as a physical and/or mental injury that occurs because of someone else’s negligence, intentional actions, or strict liability.

Negligence: when another party fails to act with reasonable care. For example: if you suffer physical injuries as the result of a driver rear-ending you because they are not paying attention, the injuries could be deemed a personal injury due to negligence.

Intentional Harm: when another person sets out to hurt you. Examples include battery, assault, and false imprisonment.

Strict Liability: if you are injured by a product (such as a malfunctioning car), anyone involved in the production, distribution, or sale of the defective product can be held responsible.

Reasons for Working with a Personal Injury Attorney

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While you may feel uncomfortable pursuing a lawsuit, medical bills add up, and you want to make sure that you will always be able to handle those expenses. Here are some more reasons to hire an experienced personal injury attorney:

Experience with assessing claims: Personal injury attorneys are experts when it comes to these types of cases and can advise you from the beginning on if you have enough of a case to pursue legal action. There’s no point in preparing for litigation if you do not have a solid case from the beginning. A personal injury attorney can assess your claim and save you time and money.

Cut through the red tape: Personal injury cases come with a lot of complicated legal procedures, confusing medical terms, and paperwork. An experienced attorney is familiar with all the paperwork and can help you cut through the red tape so you can move on with your life.

Access to an investigative team: Typically, attorneys work with a team of experienced investigators that will skillfully examine all the technical aspects of your case. You will want to provide your attorney with all of the information you have available to you so they can pass it on to the team.

Offer objectivity: Without a doubt you will experience anger, pain, frustration, and fear if you or a loved one have been involved in a personal injury accident. These emotions may impact your ability to see the facts clearly. An attorney will be objective about your case and the facts and will help you to understand all aspects of the case before you make a rash decision. For example, you may want to agree to a quick payout, but an objective attorney might advise you that it is in your best interests to wait for a more appropriate offer.

Alternative dispute resolution: You might not need to go to trial. Many personal injury lawsuits reach a negotiation before going to court. A lawyer will be able to assess the case and determine if there are alternative dispute resolution methods (ADR), such as mediation or arbitration, that could resolve the case.

Experience resolving cases with other lawyers: An experienced personal injury lawyer will be able to deal effectively and quickly with the other side’s attorney, especially during the fact-finding part of litigation where parties are legally required to exchange facts and documents.

Experience working with insurance companies: Insurance companies often move to settle quickly so they can receive their money and move on. An experienced personal injury lawyer will be accustomed to working with all the insurance companies involved and will not feel pressured by tactics or the pressure to settle.

Settlements: Many personal injury cases are resolved before they go to trial. This means an attorney negotiates a settlement on behalf of the client. Typically a plaintiff gives up the right to sue in exchange for a payment from the defendant or an insurance company. This often resolves the case sooner than if the case went to trial.

Legal Strategy: Should a case go to trial, a personal injury lawyer can represent you in court and work toward achieving the best possible jury verdict for you. He or she will be able to develop a legal strategy that will help you receive any and all compensation that is available for your injuries.

Working with a Personal Injury Attorney After an Accident

If you or a loved one have been a victim of a personal injury accident, you should immediately contact a personal injury attorney that understands the specific laws around these types of accidents. They will be able to perform a full investigation and build your case. It’s crucial that you work with someone that knows the intricacies of the laws surrounding these types of cases as well as your specific state’s laws. The attorneys at Personal Injury Attorneys PLLC have experience handling personal injury cases such as elevator accidents, automobile accidents, and slip and fall accidents. They will help build a case to ensure you receive everything you need to recover from your specific accident.

Personal Injury Attorneys PLLC

668 N 44th St.

Suite 300

Phoenix, AZ 85008

Phone: (623) 552-4959

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