A brain injury is defined as any injury sustained to the brain, resulting in internal injury. Brain injury may be caused by mechanical injury (such as a blow to the head) or infection or virus.
Brain injuries can range from very mild cases to very severe ones. The impacts 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 awareness, comprehension, language, and memory;
- Difficulty in conducting physical tasks; or
- Neurological, psychological, and emotional disorders.
The phrase “brain injury” also includes other ailments such as brain damage, brain trauma, or traumatic head injury. On the other hand, brain injury generally does not include Alzheimer’s disease, alcohol-related developments, or infirmities due to normal aging.
What Are Some Common Causes of Brain Injuries?
A brain injury can result from several different reasons. The cause of a brain injury usually resolves what type of legal claim may be filed in association with the injury. If a person received brain damage due to the actions of another, they might be able to file suit and recover damages caused by the injury.
Some standard causes of brain injury include:
- Medical Malpractice: A health care professional can be held responsible if their breach of medical care standards causes a brain injury. A few common causes of action include defective surgical procedures and mistakes 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 responsible if they do not correct unsafe conditions on their premises.
- Dangerous Activities: Some sports and recreational activities, such as skydiving, are hazardous and involve a risk of harm. These types of claims usually involve some form of negligence on the defendant’s part.
- Automobile Accidents: Motor vehicle collisions are a leading cause of brain injury. This is particularly true for motorcycles and other specialized vehicles.
- Products Liability: Defective products can cause brain injury, particularly ingested products or those that involve hazardous substances.
One of the major hardships in establishing a brain injury claim is that the effects of the injury may not arise until a long time after the incident, sometimes several years. This is especially true of traumatic brain injuries (injuries caused by a blow to the head).
For this reason, it is essential to document any injuries soon after they materialize. It helps to make a written report of what happened and keep all medical receipts and statements. Be sure to list significant dates, witnesses, and contact details.
What Is the Definition of a “Traumatic Brain Injury”?
A traumatic brain injury is one of the most damaging injuries a person can endure in their brain. It can change their lives forever. Traumatic brain injuries are very powerful, and the brain damage will most likely be indefinitely and even deadly.
Traumatic brain injury may result in some of the following:
- Loss of motor processes;
- Impairment with regards to attention, awareness, speech, and memory;
- Hardship in completing physical chores;
- Neurological, psychological, and mental disorders; or
What Are Some Common Causes of Traumatic Brain Injuries?
A traumatic brain injury can result from several different causes that may include, but are not limited to, the following:
- Slip and fall;
- Trucking Accident;
- Sports Accident;
- Pedestrian accident;
- Auto accident; or
- Defective product.
Can I File a Legal Claim for a Traumatic Brain Injury?
Traumatic brain injuries can form the foundation of a legal claim. This is particularly true where one party directly causes the other party’s brain injury or if their acts led to the injury.
Legal claims for brain injuries can be founded on legal theories such as:
- Assault and battery;
- Slip and fall; or
- Medical malpractice.
The plaintiff generally needs to establish causation, i.e., the injuries can be traced back to the defendant’s acts. Furthermore, the plaintiff’s claim must involve real damages that can be quantified into an actual number figure. The legal remedy in most circumstances is a compensatory damages award to help cover medical expenses and other costs.
What Are the Remedies for Traumatic Brain Injuries?
In traumatic brain injury lawsuits, the standard legal remedy is a monetary damages award. This remedy authorizes the victim of a brain injury to recover from the losses resulting from the injury.
The person may be able to recover for the following:
- Necessary and reasonable medical costs;
- Loss of earnings (both presently and in the future);
- Any other damages caused directly by the injury;
- Pain and suffering (both physical and mental);
- Inability to enjoy life;
- Exemplary or punitive damages for negligent or reckless conduct; or
- Rehabilitation expenses.
When Are You Awarded Compensatory Damages?
Compensatory damages are typically awarded to restore the injured individual or party (the “plaintiff”) to their position before the harm or loss occurred. Therefore, compensatory damages are awarded in cases where damages, injury, or loss have happened.
Generally speaking, there are two main types of compensatory damage awards: Special damages and general damages.
Special damages are intended to restore the injured party to their position before the harm or injury occurred. This generally includes damages that can be calculated, such as medical expenses, property damage, loss of wages or earnings, and other quantifiable losses.
General damages may be awarded for losses not easily specified through financial calculations. These can include losses connected with emotional distress, defamation, or loss of consortium or companionship.
State laws may vary concerning compensatory damages. Some states may place limits on compensatory damages, especially general damages.
What Do I Need to Prove to Get Compensatory Damages?
To receive compensatory damages, the plaintiff must establish several claim elements. In most circumstances, they will be required to demonstrate that a loss has occurred and was caused by the other party (the defendant). They must show that the defendant’s behavior caused the loss or injury.
In most circumstances, the loss will usually be caused by some negligence on the defendant’s part. An example of this is where the defendant’s negligent driving caused an accident that injured the plaintiff (if they were speeding).
To establish your claim, you will want to maintain and collect various forms of evidence that can be used in court to support your case. These may include:
- Statements from witnesses;
- Photos or video connected with the accident or incident;
- Various documents, such as medical bills or police records;
- Physical evidence, such as broken glass, dents, or other damage; and
- Any item or evidence that can help the court to calculate your damages.
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 local personal injury lawyer as soon as possible. Hiring a personal injury attorney specializing in brain injury claims will ensure that you receive the right amount of damages to ensure that life will not be made more difficult than it already has due to the injury.
A brain injury is one of the most serious injuries a person can encounter. Use LegalMatch to find the right lawyer for your needs and take the first steps towards recovery.