A traumatic brain injury is one of the most damaging injuries a person can endure in their brain and can change their lives forever. Traumatic brain injuries are very severe in nature and the brain injury will most likely be indefinitely and even fatal. Traumatic brain injury may result in some of 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; and/or
What are Some Common Causes of a Traumatic Brain Injuries?
A traumatic brain injury can result from a number of different causes that may include, but are not limited to, the following:
- Slip and fall;
- Trucking Accident;
- Sports Accident;
- Pedestrian accident;
- Auto accident; and/or
- Defective product.
Can I File a Legal Claim for a Traumatic Brain Injury?
Traumatic brain injuries can form the basis of a legal claim. This is especially true where one party directly causes the other party’s brain injury, or if their actions led to the injury. Legal claims for brain injuries can be based on legal theories such as:
- Assault and battery;
- Slip and fall; and/or
- Medical malpractice.
In any case, the plaintiff generally needs to prove causation, i.e. the injuries can be traced back to the defendant’s actions. Also, the plaintiff’s claim must involve real damages that can be quantified into an actual number figure. The legal remedy in most cases is a compensatory damages award to help cover medical costs and other expenses.
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What are the Remedies for Traumatic Brain Injuries?
The standard legal remedy in a traumatic 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. The individual may be able to recover for the following:
- Necessary and reasonable medical expenses;
- Loss of earnings (both presently and in the future);
- Any other injuries 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; and/or
- Rehabilitation expenses.
Should I Contact a Lawyer if I have a Traumatic Brain Injury Claim?
If you have suffered losses due to a traumatic brain injury, you may wish to speak with a personal injury lawyer as soon as possible. Hiring a personal injury attorney that specializes in traumatic brain injury claims will assure that you receive the right amount of damages to ensure that life will not be made more difficult than it already has as a result of the injury.