Even mild brain injuries can result in the need for compensation
If you’ve ever sat in an aisle seat on a flight with beverage service, chances are you’ve had a close encounter with a beverage cart, or even been hit by one. Most of the time, these little incidents are minor, causing no serious injury. However, one American Airlines passenger was not so lucky.
Charles Johnson was on a flight from Hartford, Connecticut to Charlotte, North Carolina when he was injured by a runaway beverage cart. The 300-pound cart had broken loose and barreled down the center aisle of the plane, striking Johnson in the forehead. He suffered a gash on his forehead and then lost consciousness.
A fellow passenger who was a nurse stepped forward to help control the profuse bleeding, but Johnson was unable to get additional medical care until the flight landed in Charlotte, as the pilot refused to make an emergency landing.
Johnson has since been diagnosed with post concussive syndrome as a result of this injury. He plans to sue American Airlines for damages related to his injury, on the grounds that they were negligent in failing to properly secure the beverage cart. There may also be a possibility of arguing that the airline worsened the injury by delaying Johnson’s emergency care. Traumatic brain injuries typically require extensive immediate and long term medical care.
What is Post-Concussive Syndrome?
A concussion is a mild type of traumatic brain injury resulting from a blow to the head, or from violent shaking and movement of the head, such as might occur in a rear-end car accident. Post-concussive syndrome is a condition that affects many—but not all—individuals who have suffered a concussion. The symptoms of this condition include:
- Headaches
- Dizziness
- Fatigue
- Irritability
- Anxiety
- Insomnia
- Memory and concentration problems
- Ringing in the ears
- Blurry vision
- Sensitivity to noise and light
- Decreased ability to taste and smell
These symptoms may last for a few days after the concussion, for a few months, or even up to a year in some cases.
Damages Associated with Post-Concussive Syndrome
When post-concussive syndrome is caused by someone else’s negligence, the injured person is entitled to compensation for relevant damages. Typically, the most important area of recovery is lost wages, as the symptoms of this condition can easily keep a victim out of work for days or months at a time. Medical expenses should also be included in the damages, but they will typically not be very large since the treatment for post-concussive syndrome primarily involves managing various symptoms with medications. In the case of symptoms that affect quality of life, such as decreased sensory perception, anxiety, and memory problems, damages for pain and suffering would also be appropriate.
Need Help with a Traumatic Brain Injury Claim?
If you have suffered any kind of traumatic brain injury due to someone else’s negligence, you need an experienced attorney who understands your suffering and can help you maximize your compensation. In other words, you need The Law Offices of Larry H. Parker. Call us at 800-333-0000 now to discuss your case for free.
