Brain Injury Lawyers
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What is the Definition of “Brain Injury”?
A brain injury is defined as any injury sustained to the brain, resulting in internal damage. Brain injury may be caused by mechanical injury (such as a blow to the head) or through infection or virus.
Brain injuries can range from very mild cases to those that are very severe in nature. The effects of a brain injury can sometimes last indefinitely, or they can recur periodically. Brain injury may result in the following:
- Loss of motor functions
- Impairment with regards to attention, cognition, language, and memory
- Difficulty in performing physical tasks
- Neurological, psychological, and emotional disorders
The term “brain injury” also includes other conditions such as brain damage, brain trauma, or traumatic head injury. On the other hand, the term brain injury generally does not include Alzheimer’s disease, alcohol-related effects, or infirmities due to normal aging.
What are Some Common Causes of Brain Injuries?
A brain injury can result from a number of different causes. The cause of a brain injury usually determines what type of legal claim may be filed in connection with the injury. If a person received brain damage due to the acts of another, they may be able to file suit and recover damages caused by the injury.
Some common causes of brain injury include:
- Medical Malpractice: A health care professional can be held liable if their breach of medical care standards causes a brain injury. A few common causes of action in this regard include defective surgical procedures and errors in prescribing medication.
- Slip and Fall: A slip and fall can cause serious injury to the brain, head, neck, and spinal cord. Owners of premises may be held liable if they do not correct dangerous conditions on their premises.
- Dangerous Activities: Some sports and recreational activities such as sky diving are dangerous in nature and involve a risk of harm. These types of claims usually involve some form of negligence on the part of the defendant.
- Automobile Accidents: Motor vehicle collisions are a leading cause of brain injury. This is especially true for motorcycles and other specialized vehicles.
- Products Liability: Defective products can cause brain injury, particularly those products that are ingested or those products that involve hazardous substances.
One of the main difficulties in proving a brain injury claim is that the effects of the injury may not appear until a long time after the incident, sometime several years. This is especially true of traumatic brain injury (injuries that are caused by a blow to the head).
For this reason, it is very important to properly document any injuries soon after they occur. It helps to make a written account of what happened and to keep all medical receipts and reports. Be sure to list important dates, witnesses, and contact information.
What are the Remedies for Brain Injuries?
The standard legal remedy in brain injury lawsuits is a monetary damages award. This remedy allows the victim of a brain injury to recover for their losses that result from the injury.
For example, the defendant may be required to compensate the victim for medical expenses, hospital bills, and attorney fees. In addition, if the injury resulted in a loss of work wages or earning capacity, this may also be figured into the damages award.
Some states have laws which limit the amount of damages that a plaintiff can recover in a given case. This is frequently the case if the brain injury was caused by medical malpractice. Other jurisdictions may place limits on other types of damages such as punitive damages or damages for emotional suffering.
However, for the most part, recovery for brain injuries is usually comprehensive, provided that the defendant was the actual cause of the injury.
Should I Contact a Lawyer if I have a Brain Injury Claim?
If you have suffered losses due to a brain injury, you may wish to speak with a personal injury lawyer as soon as possible. Your attorney can advise you on what actions to take and can represent you in court if necessary. Personal injury laws are different in each state, so it may be necessary to consult with a lawyer if you have any specific concerns.
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Last Modified: 08-04-2016 03:13 PM PDT
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