A Former Asbestos Mining Town is So Toxic It’s Illegal to Be There

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Social media posts can create controversy because someone (probably a celebrity) writes something controversial, insulting, or especially stupid. Recently, Australian government officials publicly criticized a photographer for posting photos of a place that’s legally off-limits and highly dangerous – a former asbestos mine where thousands used to work.

It is illegal to visit Wittenoom, Western Australia, about 870 miles north of Perth, because it is a giant, asbestos-infested mining waste dump. It’s the former site of a mine that dug up crocidolite asbestos (known as blue asbestos) deposits. Asbestos-containing waste was piled up outside the mine and was widely present in the town. The fibers were also processed and bagged in the now-ghost town.

The Town’s Main Employer Poisoned the Area

Wittenoom is the southern hemisphere’s largest toxic waste site. The government waste management area covers about 177 square miles. The town was partially cleaned up, with the remaining buildings demolished and waste buried. However, Australian government officials claim a total clean-up of the mine and surrounding area is technically impossible, and if it could be done, the cost would be prohibitive.

Roads leading into the former town of 22,000 residents (with 9,000 working in the mine or processing the asbestos) are blocked, and signs warn people not to enter. But the area is a desert, and someone motivated enough to get into Wittenoom and the mine can do so.

The problem isn’t just the amount of asbestos on the ground and the fibers that freely blow in the air and float in nearby rivers, it’s the fact that they’re crocidolite fibers. Crocidolite fibers are considered the most dangerous kind of asbestos because they’re straight and sharp, which makes them easier to lodge in a person’s body, unlike other types that are more curved. Asbestos fibers in the body can eventually lead to different cancers, including mesothelioma.

Asbestos mining started in the area in the 1930s. The Wittenoom mine produced more than 165,000 tons of crocidolite from 1943 to 1966, when it closed. Due to asbestos health dangers, the area started shutting down in the 1970s.

Power and water to the town were cut off in 2007, but a few residents hung on until last year. It’s estimated more than 2,000 residents died due to asbestos-related diseases, according to the Australian Broadcasting Corporation (ABC).

Photographer Risks Deadly Asbestos-Related Diseases to Take Photos

In March, photos of the Wittenoom mine appeared on social media accounts, ABC reports. Dale Hawkins said he took them in 2021 when it was legal to enter the area. The Wittenoom Closure Bill became provincial law in March 2022.

Hawkins said despite the asbestos hazard warnings, he thought the chances of harm were fairly low and wore personal protective equipment. In an interview with a local radio station, Hawkins said he thought the greater risk he ran was going inside the mine, which is long and dark. If he became lost, no one would come to rescue him. Hawkins claimed he didn’t fully realize the asbestos risks until after he left the area.

Wearing a mask and protective gear didn’t prevent Hawkins from exposure because asbestos fibers would be on them. When he removed them, fibers would go into the air, where he would inhale or swallow them.

After the photos became public, the Western Australia Department of Planning, Lands and Heritage said it could criminally prosecute people going to the area. A statement from the agency states, “We cannot be any clearer, it is not safe to visit Wittenoom at any time due to asbestos contamination.”

Call Us Today For A Free Consultation

Those suffering from mesothelioma or another asbestos-related illness may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.

What is a deposition?

What is a Deposition?

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A deposition is an essential part of litigation. You may need to testify at a deposition whether you’re involved in a lawsuit due to an asbestos-related disease, an injury caused by another party’s negligence, or another civil lawsuit. It’s your opportunity to tell your story and present facts about your case.

A deposition is a question-and-answer session conducted outside the courtroom as part of a civil lawsuit. The parties’ attorneys pose questions, and the witness is under oath. Depositions (or depos, as they’re commonly called) are part of the discovery phase of a lawsuit, where both sides seek and provide information.

Why are Depositions Held?

There are several reasons why a deposition can be essential to a case’s outcome. Usually, depositions are held after the parties’ exchange information and documents concerning the case during the discovery process. Based on that evidence, both sides’ attorneys prepare questions for the other side and prepare their witnesses for the questions they expect the opposing party to ask.

Deposition testimony may fill in factual gaps in a case or provide explanations about how and why someone did or failed to do something. If a party or witness contradicts the evidence in the case, it’s a sign that the witness or the evidence may not be credible.

Attorneys for both sides can use what’s said at a deposition during a trial and how it’s said is important, too. A party or a witness may be calm, collected, and credible or nervous, their body language may show they’re being evasive or untruthful, or they may be very emotional. Based on how a party or witness does at a deposition, an attorney may be more or less willing to take a case to trial because they think a jury may respond positively or negatively to them.

Ideally, by the time depositions are over, both parties have a good grasp of the case’s evidence, and the strengths and weaknesses of the claims and defenses. All the parties’ cards should be on the table, so both should understand the case’s settlement value, which is why cases often settle through negotiations at this point.

Who Answers Questions at a Deposition?

Lawyers use depositions to gather information and facts from those who might have knowledge about the case. They can be:

  • Parties to the litigation
  • Fact witnesses who may have seen or heard something
  • Treating physicians who may discuss your injury, diagnosis, and prognosis
  • Medical experts may talk about how an injury occurred, how it affects the plaintiff, and expected future treatments
  • An expert witness may investigate and have an opinion on how an accident happened and who’s at fault. Another expert may also discuss how an injury limits the plaintiff and how it impacts their future career and earning potential

Experts hired by both sides may be deposed.

What are the Rules for a Deposition?

They vary based on state and federal court procedural rules. The same types of questions and how they’re asked can be used at a deposition or during a trial.

Everyone at a deposition should behave professionally. Attorneys shouldn’t argue with each other, badger, or harass the other parties’ witnesses. Although parties may be very upset at what happened, this is not the time for emotional outbursts or accusations. One reason an attorney is present is to protect their client and witnesses from improper questions or conduct by the other party or their lawyer.

How Can I Make the Most of a Deposition?

Witnesses and parties should answer the questions and not go off-topic. If it’s a yes or no question, answer with a yes, no, or you don’t know. You should speak based on your knowledge of the situation and not speculate.

If you don’t know the answer to a question, it’s perfectly OK to admit that. If you need a document to refresh your memory, ask to look at it, then provide an answer. If you want to take a break before answering to speak to us privately, we can do that (but we can’t tell you what to say).

It’s easy to tell people to relax at a deposition because we’ve probably been involved in hundreds of them while they’ve never been to one. We prepare our clients and witnesses for depositions, so there should be no surprises. If the other attorney isn’t asking questions appropriately or behaving unprofessionally, we’ll stop it.

Being relaxed, in the moment, and taking one question at a time are keys to a successful deposition. Depositions are essential to litigation, and they are not picnics. But they shouldn’t be feared because when they go well, they’re just structured conversations without drama, where questions are asked and answered. Be yourself, be honest, and the rest will take care of itself.

Speak To A Satterley & Kelley, PLLC Personal Injury Attorney Today

If someone else’s negligence caused injuries to you or a loved one or you’re diagnosed with an asbestos-related disease, Satterley & Kelley PLLC lawyers can protect your interests and legal rights to compensation.

Schedule a free initial consultation by calling our Louisville office at 855-385-9532 to discuss your situation. If it’s more convenient, you may complete our contact form.

asbestos in teen makeup

Unusual Sources of Asbestos Exposure That Can Cause Mesothelioma

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Just because you didn’t work in a shipyard, steel mill, or power plant doesn’t mean you couldn’t be exposed to asbestos. There were thousands of products containing asbestos used by Americans for decades. If the diagnosis of an asbestos-related disease comes as a surprise, it may be due to the fact you inhaled or ingested asbestos fibers without knowing it.

There are many unusual circumstances where you may have been exposed to asbestos, including the ones named below.

Cosmetics Containing Asbestos

Cosmetic products containing talcum powder could be contaminated by asbestos, including:

  • Baby powders
  • Face powders
  • Blushes
  • Eye shadow
  • Foundations
  • Body powders
  • Makeup kits

Major cosmetic manufacturers have switched from talcum powder to corn starch, so this shouldn’t be a problem with modern products. But it may be if you have older cosmetics in your home.

The country’s failure to regulate and adequately test talc-containing personal care resulted in the sale of these dangerous products, according to an article in the journal Environmental Health Insights. Consumers’ asbestos exposure is “poorly characterized and likely underestimated.”

The article published the results of a study that used electron microscopy to find that three of 21 powder-based cosmetic products researchers tested were contaminated with asbestos. One of them was marketed to children. “…(T)alc-based cosmetics may be an overlooked and difficult to characterize source of exposure to asbestos, a known carcinogen.”

Appliances Containing Asbestos

Up until the 1980s, asbestos was used in some household appliances as gaskets, insulation, or fire-proofing. If the asbestos products remained intact, it shouldn’t be a problem.

However, issues arise if the appliances are repaired and asbestos is released. You should be very wary of vintage appliances because, as time passes, their asbestos products may deteriorate and release fibers into the air.

Some appliances that contained asbestos include:

  • Broilers
  • Coffee pots
  • Clothes dryers
  • Cookstoves
  • Coolers
  • Cooktops
  • Deep fryers
  • Ranges
  • Refrigerators
  • Irons and iron rests
  • Toasters
  • Electric heaters
  • Ovens
  • Popcorn poppers
  • Vacuum cleaners
  • Washing machines

During its peak use, asbestos’ low price, easy availability, and resistance to heat, fire, chemicals, and electricity made it a common part of products that surrounded people where they lived and worked, in offices, schools, hospitals, vehicles, and aircraft.

Wood Stoves Containing Asbestos

Wood stoves and fireplaces built before the 1980s may use asbestos in several ways and pose a potential health risk if the products used are disturbed and fibers are released. Asbestos was used because of its strength and fire and heat resistance in:

  • Door gaskets would create a tight seal around openings in wood stoves
  • Refractory cement was used in fireplace construction or repairs

If these asbestos-containing materials are disturbed during use or while performing maintenance or repairs, fibers may be released into the air, where you could inhale or ingest them.

Over time, asbestos components in a fireplace or wood stove can deteriorate. Fibers can be released into the air without you disturbing them, and cracks or breaks in the materials can worsen this risk.

Water Containing Asbestos

Your water may contain asbestos fibers because it’s from a well in an area with naturally occurring asbestos, or it comes into your home through cement pipes containing asbestos.

It’s estimated that about 630,000 miles of these pipes are in the US. Some of them were installed in the early 1900s and are nearing the end of their useful lifespan, according to the BBC.

The World Health Organization doesn’t consider swallowing asbestos fibers in drinking water a severe health risk. Some epidemiological studies show a correlation between contaminated drinking water and stomach and gut cancers. Other studies, including those involving animals, fail to find such a link.

One scientific review published in 2023 stated large numbers of asbestos fibers can accumulate in the colon. Other research has shown links between high levels of asbestos exposure and colorectal cancer, though there could be other causes.

Clothing and Textiles Containing Asbestos

Asbestos fibers were once used in manufacturing fabrics to make them fire resistant.

This includes firefighting uniforms with asbestos-lined gloves, fire-resistant coats, and protective suits. Even some household products like ironing board covers and oven mitts contained asbestos. So anywhere wearing or handling these items could have released fibers.

There have all been claims of secondhand exposure to asbestos fibers through clothing.

A worker in a shipyard or construction site where asbestos was present can have those fibers passed to their family when mixed in the laundry. It’s possible that the spouse of a worker could inhale dangerous asbestos fibers while laundering their clothes.

Call Us Today For A Free Consultation

Those diagnosed with asbestos-related conditions may be entitled to compensation. Satterley & Kelley, PLLC attorneys are your boots on the ground if you or a family member in Kentucky has mesothelioma or another asbestos-related disease. Call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.

Spinal Cord Injuries Can Drastically Change Your Life

Spinal Cord Injuries Can Drastically Change Your Life

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Satterley & Kelley, PLLC has represented accident victims for many years, and we’ve had our share of clients with spinal cord injuries. Depending on many factors, a person may regain some normalcy in their life, but others face years of difficulties ahead, trapped in bodies that barely move.

What is a Spinal Cord Injury (SCI)?

An SCI is an injury that causes temporary or permanent limitations. The spinal cord is a thin, long bundle of nerves running down the center of the spine carrying messages between the brain and the nervous system in the rest of the body.

When the spinal cord is injured, messages are blocked or can’t get through as well as they did in the past. This can lead to lost sensations and the inability to move parts of the body below the injury.

There are two main types of SCIs:

  • Complete: All or most nerve fibers in a particular part of the spinal cord are damaged. This causes a total loss of feelings and movements below the injury
  • Incomplete: Some, but not all, of the nerve fibers in the spinal cord are damaged, resulting in partial or total loss of feeling and movement below the injury. These effects may or may not improve over time

The severity of a person’s limitations depends on the injury’s extent and location. Some may regain some function over time with rehabilitation and medical treatment, but SCIs can also be very debilitating and lead to lifelong disabilities.

How Can a Spinal Cord Injury Impact a Person?

SCIs affect a person’s overall physical and mental health, as well as their ability to function in their daily lives.

1. Physical Health

The physical impact can go well beyond neurological injuries, including:

  • Lost movement (paralysis): This can range from complete paralysis (tetraplegia or quadriplegia) affecting all limbs for higher spinal injuries to paraplegia affecting the lower body for lower injuries, to partial weakness
  • Loss of sensation (numbness): People may experience a loss of feeling, tingling, or burning pain in the areas below the injury.
  • Bowel and bladder problems: SCI can affect bladder and bowel function and control, requiring special strategies for managing these needs
  • Increased risk of complications: Those with SCIs are more prone to pressure sores, blood clots, respiratory problems, and bone loss

The more physically limited a person, the more significant the impact on their overall health. There can be severe muscle loss and weight gain, and an easily addressed infection for someone who’s fully mobile can be potentially fatal for someone who’s bed-bound.

2. Mental Health

Adjusting to physical limitations and lifestyle changes can lead to emotional challenges like depression and anxiety. Stress caused by income loss and relationship changes may make a bad situation worse. Reduced mobility and dependence on others can make social interaction difficult, leading to feeling isolated.

3. Daily Life

Depending on the extent of a person’s physical limitations, an SCI may completely change someone’s daily existence. These changes can include:

  • Lost independence: Daily activities like dressing, bathing, toileting, and mobility may require assistance from caregivers or assistive devices. What a person may have done with little thought or effort in the past may be impossible or require substantial help
  • Impact on work: SCIs can make a person’s past job or career impossible to continue. A person’s ability to earn enough to be self-supporting may be minimal, especially given the extra costs that come with medical care, rehabilitation efforts, and extra help needed at home
  • Financial strain: Reduced income plus additional costs result in financial problems that may be insurmountable without compensation from a legal action against the party causing the injury

SCIs affect everyone differently. The impact varies on the severity and location of the injury and the quantity and quality of assistance the person gets. With proper medical care, rehabilitation, and social support, though they face many challenges, people with SCIs may live fulfilling and productive lives.

What Causes Spinal Cord Injuries?

Motor vehicle accidents and falls are the top SCI causes in the US, according to the National Institutes of Health. Acts of violence (primarily assaults and gunshot wounds), sports injuries, and workplace accidents also take their toll.

Some age groups (those 16 to 30 and older than 65) are more prone to SCIs. Risk factors include alcohol use, some diseases, and the failure to use seat belts or protective sports equipment.

An accident’s sudden and forceful impact can damage the vertebrae, discs, or spinal cord itself, disrupting communication between the brain and body.

The violent forces involved in a vehicle collision can cause:

  • The spine to flex or twist beyond its normal range
  • Fractures or dislocations of vertebrae
  • The spinal cord to compress against fractured vertebrae or displaced discs

The risk of an SCI in a vehicle accident grows as the force of the accident increases due to high speeds or the oncoming vehicle’s substantial weight. The angle at which the vehicle is struck can also play a role.

A fall from height can cause similar spinal damage as a car accident. Older people are more likely to fall and suffer serious injuries, including SCIs. SCIs can occur in motorcycle accidents because the rider may be thrown off and strike the road, another vehicle, or an object like a curb or telephone pole.

Speak To a Satterley & Kelley Personal Injury Lawyer Today

If another’s negligence caused spinal cord injuries to you or a loved one, Satterley & Kelley, PLLC lawyers can protect your interests and legal rights to compensation for the harm you suffer.

Call our Louisville office at 855-385-9532 to schedule a free initial consultation so we can talk about your accident and injuries. If it’s more convenient, you can complete our contact form.

Police Accident Reports Set the Tone for Your Car Accident Case

Police Accident Reports Set the Tone for Your Car Accident Case

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A police accident report is a document created by a law enforcement officer after responding to a traffic accident. It serves as a factual record of the event and contains crucial information that may impact the outcome of your car accident injury case. If the report contains mistakes, we ask the officer to correct them.

What Does a Police Accident Report Cover?

After being called to the scene, an officer should create an accident report. This helps document whether someone should be ticketed or arrested and is the starting point of our office’s investigation into a client’s possible insurance claim or lawsuit. Data from these reports can also identify accident trends that may result in efforts to improve road safety.

A police accident report typically includes the following:

  • The accident’s date, time, and location
  • The names and contact information of the drivers, passengers, and witnesses (if any), as well as driver’s license numbers and insurance information
  • Details about the vehicles involved, such as make, model, license plate numbers, and visible damage
  • A description of what led to the accident, as understood by the officer based on their observations, witness statements, and driver accounts
  • Weather conditions, road conditions, and anything else that might have played a role in the accident
  • A description of vehicle and property damage
  • Details concerning injuries. The report will note who is injured, the extent of their injuries, whether medical attention was provided on-site, and if the person left the scene in an ambulance
  • A basic sketch of the accident scene illustrating the positions of the vehicles and the direction of travel
  • The officer may include their preliminary assessment of who caused the accident. The report should include if one or both drivers were ticketed or arrested

Some officers are better at investigating accidents than others, and the quality of these reports varies.

Why are Police Accident Reports Important for Insurance Claims or Legal Actions?

Claims and lawsuits are based on facts, and a police report is the first time an accident’s facts (as reported) are organized and documented. We and insurance companies use these reports to understand what happened, why, and who’s responsible.

An accident report should:

  • Provide an account of the accident scene and events from the officer, a neutral third party, not just from the individuals involved, who may not fully remember what happened or disclose incriminating information.
  • Include the officer’s assessment of fault, which can cut both ways. It may or may not be helpful to you or your case. If it is, it can help us negotiate a favorable settlement. If it’s not, the insurance company may deny your claim or offer very little to settle it
  • Have important details like road and weather conditions, which can be significant factors depending on what happened and why
  • Include witness statements gathered at the scene, which can greatly help us understand what happened. If they contradict your version of events, it will weaken your case, and supportive statements will strengthen it

Police accident reports can be powerful tools that may build up or tear down your claim.

What Can Be Done if a Police Accident Report Contains Mistakes?

No one is perfect, and an officer may make a mistake when writing a report or reaching a conclusion on fault. If our investigation into an accident reveals problems with a police report, we will contact the officer and ask that the report be amended.

Mistakes generally fall into two categories:

  • Factual errors: If something is objectively incorrect, the report should be amended if new information or evidence establishes the error. Names, addresses, insurance policy, or telephone numbers should be changed to reflect the truth
  • Incorrect conclusions:If the officer makes a judgment call and decides that you’re at fault for the accident, we will provide information and evidence that should change their mind. It could be photos of the scene, additional witness statements, or a video of the street from a nearby business. There’s no guarantee the office will amend the report, but it’s worth a try

If the officer blames you for the accident, but our investigation shows that’s not true and you have a strong case, we will continue with your case.

Speak To a Satterley & Kelley, PLLC Car Accident Attorney Today

If someone else’s negligence causes injuries to you or a loved one, Satterley & Kelley PLLC lawyers will protect your interests and legal rights to compensation.

Call our Louisville office at 855-385-9532 to schedule a free consultation to discuss your accident and injuries. If it’s more convenient, you can complete our contact form.

Can I Be Compensated for Future Lost Income?

Can I Be Compensated for Future Lost Income?

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If your accident injuries are severe enough to cause a long-term or permanent disability that affects your income, that loss can be part of the compensation you seek. It requires medical expertise to determine how much your functioning will be limited and vocational expertise to estimate how it will affect your future earnings.

How Future Lost Income is Calculated

Several steps in the process require different facts to be considered. Future lost income claims may consider:

  • Past earnings history
  • Age and expected career length
  • Medical limitations
  • Ability to return to work
  • Need for retraining
  • Lost benefits such as retirement or insurance

First, we would look at your past earnings to predict what financial future you would have had but for your injury. We would need copies of past tax returns and pay stubs to establish a baseline for your income. We would also want to know your past promotions, raises, and overall career path to understand where your career was heading.

Your age is an important factor. Lost earnings are usually far greater for younger people than those nearing retirement.

How Experts Determine Future Lost Income

The essential parts of a personal injury lawsuit exceed what you or your attorney can establish. To create a successful lawsuit, you may need expert witnesses to review the evidence and give their opinions on important matters.

One is your estimated lost earning capacity caused by an accident injury. This estimate would also include any work-related benefits you would be expected to earn (like contributions to your 401k retirement plan and health insurance).

This isn’t just an issue if you’re totally disabled. This also comes into play if a partial disability allows you to work, but your physical or psychological issues will probably result in a career that pays less than what you expected.

Medical Evaluations and Work Limitations

A doctor would assess the severity and permanence of your injuries, possibly along with an assessment by an occupational therapist. These opinions and information they obtain will help us understand:

  • If you can return to work at all
  • If so, whether you can return to your job after recovering from your injuries
  • Whether you’ll face physical or psychological barriers that may limit how much you can earn where you worked and whether an employer is likely to accommodate you
  • If you need retraining for a different career

If you’re not expected to work in the future, we would estimate your career earnings based on what you earned in the past and predict how your career and income would’ve developed until your retirement. All that missed income and benefits would be claimed.

Calculating Lost Income Even If You’re Expected to Return to Work

If you’re expected to return to work, your lost income claim would include:

  • Any time you need to recover from your injuries
  • Time away from work getting rehabilitation so you can go back to your old job or
  • Time spent training to do something else that’s expected to earn you less income

With those issues determined, we can estimate your income lost because you must take time off to recover and get rehabilitative care to:

  • Return to work without restrictions or limitations, or
  • Reduce your duties or find another job or career that pays you less

Given what we know about what you earned in the past and the professional progress you were making:

  • We would estimate what your earnings would’ve been if you’d never been injured
  • Subtract from that your expected reduced earnings for the work we believe you’ll perform in the future

These income loss figures are not certain but are very educated estimates. You may make more money after your accident than you would’ve in your old job, but you can’t count on it.

Defendants often criticize and try to pull apart plaintiffs’ lost income figures. They may come up with numbers that are, not surprisingly, less than ours because they want to lower their costs.

Speak To a Kentucky Personal Injury Attorney Today

Lost income claims can be substantial, depending on the accident victim’s age, earning potential, and degree of disability. If you or a loved one is severely injured and their ability to support themselves or their family is in doubt, Satterley & Kelley, PLLC is here to help.

We will fight for you to obtain all the compensation you deserve for a severe injury caused by another. To schedule a free consultation to discuss your situation, how Kentucky law may apply, and how we can help, call our Louisville office locally 502-589-5600 at or toll-free at 855-385-9532. You may also use our online contact form if it’s more convenient.

What are the Long-Term Effects of Brain Injuries?

What are the Long-Term Effects of Traumatic Brain Injuries?

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If you or a loved one suffered a traumatic brain injury (TBI) due to an accident, you need to consider not just the immediate, short-term consequences. You should consider what’s likely to happen in the future and try to prepare for it so you can try to cushion its adverse effects.

Satterley & Kelley, PLLC represents victims of accidents caused by others. Brain injuries may occur in any number of incidents, including slips and falls in parking lots, vehicle accidents, playing a sport, or diving into a swimming pool. If your family is in this situation, contact us today.

What is a Traumatic Brain Injury?

A TBI could be caused by a strong blow or jolt to the head or body, forcing the head and neck to rapidly swing or snap. The person’s brain hits the interior of the skull, killing and injuring brain cells that never recover. An object piercing the skull and entering the brain can also cause a TBI, according to the National Institutes of Health.

Some TBIs cause temporary problems with normal brain function, including how the person moves, thinks, understands, acts, and communicates. More serious TBIs can result in fatal injuries or severe and permanent disability.

What Long-Term Effects Could Result From a TBI?

They can vary widely depending on:

  • The injury’s severity, location, and type
  • The victim’s age, overall health, and access to medical care and rehabilitation

Some common long-term TBI effects include:

  • Difficulties with memory, attention, concentration, and problem-solving. Some individuals may experience impairments in language skills, including speaking, comprehension, reading, and writing
  • Behavioral and emotional changes, such as anxiety, depression, irritability, aggression, mood swings, and impulsivity. These changes can significantly impact daily functioning
  • Physical impairments include paralysis, weakness, coordination problems, and difficulties with balance and coordination. These impairments may require ongoing rehabilitation and physical therapy
  • Sensory processing difficulties, resulting in changes in vision, hearing, taste, smell, and touch. Some may be very sensitive to some experiences or have difficulties integrating sensory information
  • An increased risk of developing seizures and neurodegenerative conditions such as Parkinson’s disease, Alzheimer’s disease, and chronic traumatic encephalopathy. They can range from mild to severe and may require medication or other treatments
  • Brain injuries can profoundly impact an individual’s daily functioning and quality of life. They may need ongoing medical care, rehabilitation, and support services to manage their symptoms and maximize their independence

Depending on the severity of the injuries, a TBI can affect the victim’s family. The person may go from working full time and actively supporting and engaging with their family to one who’s withdrawn and dependent on others. Personality changes due to the injury, and sadness or anger over its impact can also dramatically affect relationships.

How Do These Long-Term Affects Impact a Person’s Claim for Compensation?

If someone suffers a TBI due to negligence or an intentional act by another, they may be liable to compensate the victim for all the harm they suffer, from the instant of the injury through the rest of their life.

The person with the TBI will ask for damages in an insurance claim or lawsuit. Damages are the negative impact someone suffers translated into dollars. They can include past and expected future physical pain and suffering, psychological harm, and emotional trauma.

Damages also include injury-related past and future economic losses. They typically include lost earnings, medical expenses, and other financial losses that are reasonably expected to continue in the future.

Past financial losses are calculated through receipts, bills, tax records, and other documents. Future losses are determined differently:

  • One of the most significant parts of future economic damages is lost future earnings. This involves estimating the individual’s future earning capacity based on age, occupation, education, work experience, and earning history. Economists and vocational experts will assess the individual’s earning potential and project future income, taking into account inflation and lost career advancement
  • Future medical expenses are also necessary in cases involving long-term disabilities caused by a TBI. Healthcare professionals may predict the individual’s future medical needs, including ongoing treatment, rehabilitation, medication, medical equipment, and long-term care services. These estimates are adjusted for inflation and other relevant factors to determine the total cost of future medical care
  • Part of the calculations include other financial harm, such as the future loss of household services, retirement benefits, and the costs of adaptive equipment or modifications to the individual’s living environment. They are based on the person’s circumstances and may require input from various experts, including economists, actuaries, and financial planners

Calculating future economic damages involves considering contingencies that may affect a person’s financial situation, such as changes in health status, life expectancy, and economic conditions.

Speak To An Accident Lawyer Today

If you or a loved one suffers a TBI in an accident in Kentucky, Satterley & Kelley PLLC can and will help you handle legal matters with confidence. Put boots on the ground with our help.

Schedule a free initial consultation at our office in Louisville by calling 855-385-9532 or completing our contact form today.