Head injuries are any type of injuries that are sustained to the head region. They can be particularly serious if the injury involves serious damage or if the injury affects other bodily functions. Head injuries frequently involve other types of personal injuries, such as neck and shoulder injuries or brain injuries.
Injuries to the head can be sustained from a variety of causes or accidents. Head injury claims may involve a number of different medical conditions including pain, concussion, loss of consciousness, loss of memory, and loss of motor coordination.
Some people do not realize that they have suffered some type of head injury because it may be difficult to determine the symptoms. Some head injury symptoms may be:
Head injury lawsuits may be based on a number of legal theories, depending on the facts surrounding the incident. Some legal theories that commonly form the basis of a head injury case may include:
One of the difficulties in proving a head injury claim is that of causation. That is, the plaintiff must prove that the defendant’s acts actually caused the injury. This may be proved through the use of medical documents, photographs, and the testimony of an expert witness.
Most head injury claims will result in a monetary damages award to the victim. These allow the plaintiff to be compensated for any losses associated with the head injury.
For example, the injured party may recover costs for medical expenses, hospital bills, and medications. They can also recover for additional losses that result from the head injury, including lost wages and pain and suffering.
Some states place a cap on the amount of damages that a plaintiff can recover for head injuries. This effectively limits the amount that the injured party can recover, in order to prevent abuses and frivolous claims. Such restrictions may vary according to jurisdiction.
In some cases, a judge may also award punitive damages as a means of punishing the defendant and deterring them from committing the same acts in the future. Punitive damages can lead to a significantly higher amount of monetary recovery; however, they are usually only available for intentional acts such as battery.
If you have sustained a head injury, it may be possible for you to recover costs for your expenses or losses. You may wish to obtain a personal injury lawyer to help you file your claim in the appropriate court. Personal injury attorneys can help you organize the documents and evidence which will be used to prove your claim. The laws governing head injuries can often be complex, but an experienced lawyer can help explain the law to you.
Last Modified: 03-30-2015 12:51 PM PDTLaw Library Disclaimer
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