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Head Injury Lawyers

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What Are Head Injuries?

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.

What Are Some Symptoms for Head Injuries?

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:

  • confusion and difficulty remembering recent events
  • unusual tiredness and laziness
  • severe headaches
  • weakness or numbness of certain parts of body
  • fever or nausea

Which Legal Theories Are Usually Associated with Head Injury Cases?

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:

  • Negligence: If a party breaches their duty to exercise reasonable standards of care when dealing with the plaintiff, they may be liable for head injuries resulting from the breach. Sports injuries often involve some degree of negligence.
  • Automobile Accidents: Motor vehicle accidents are a common cause of head injuries. In particular, motorcycle accidents can sometimes involve serious head injuries.
  • Slip and Fall Accidents: Slip and fall accidents can also cause head and neck injuries. An owner of a business establishment may be held liable for head injuries if they failed to maintain their premises in a safe condition for patrons. 
  • Premises Liability: Dangerous conditions on the premises such as falling objects, protruding structures, or sharp objects can cause head injuries.
  • Products Liability: Helmets or other protective headgear can cause injury if they reach the consumer in a defective condition. 
  • Assault and Battery: Intentional acts by a defendant may lead to legal liability. Punitive damages may sometimes be obtained if the act was done with malicious intent.

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.

What Are the Legal Remedies for Head Injury Claims?

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. 

Do I Need a Lawyer for Head Injuries?

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.

Photo of page author Kourosh Akhbari

, LegalMatch Legal Writer

Last Modified: 03-30-2015 12:51 PM PDT

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